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00578.l ,r y N COVENANT r WHEREAS, SIERRA WEST CONSTRUCTION CO., INC., hereafter"' referred to as "Owner" is owner of certain real property located in Edmonds, Snohommish County, Washington, and> legally described on Exhibit "A", attached hereto and incorp or- }, J. ated herein as if set forth in full, and hereafter referred. to as "subject property", and { fj WHEREAS, the City of Edmonds, Washington, hereafter referred to as "City", has approved a Planned Residential Development for the owner's property subject to the conditions and covenants set forth herein which will insure that the P.R.D. is in the best interst of•the public health, safety and general welfare and will meet the criteria established for approval of P.R.D's., now, therefore, } THE PARTIES AGREE AS FOLLOWS: 1: Owner (and/or its successors in interest) agrees to pay its pro rata share of the costs of any improvement project for the construction and related costs of storm and/or sanitary sewers involving assessments levied against all or any portion of the subject property for all or any portion of the cost of the improvement project, including LIDs and ULID; Provided, however,. that owner (and/or its successors) shall be allowed to deduct the costs of any payments made'to the City of Lynnwood, Washington, which are in lieu of assessments on the subject property as a pre condition to 1