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Agreement to Provide <br /> Easement Access <br /> THIS AGREEMENT made and entered into this r" day of , <br /> 1989, by and between the Washington Services, Inc. , HDMC, Inc. nd the City <br /> of Everett, a municipal corporation. <br /> Witnesseth <br /> WHEREAS, Condition 2. b. of preliminary Binding Site Plan approval No. <br /> 1 -87 which was granted to Washington Services, Inc. and HDMC, Inc. by the <br /> City of Everett requires that all lots must have public access and <br /> utilities; and <br /> WHEREAS, Washington Services, Inc. , and HDMC, Inc. , agree to provide <br /> the City of Everett access from Merrill Creek Parkway through Lot 6 of <br /> Seaway Center to Lot 10 of Seaway Center in order to meet this condition of <br /> preliminary Binding Site Plan approval ; <br /> NOW, THEREFORE, the parties hereto do mutually agree as follows: <br /> 1 . Washington Services, Inc. and HDMC, Inc. , as a condition of <br /> Binding Site Approval do hereby agree to provide the City of Everett an <br /> easement access from Merrill Creek Parkway through Lot 6 of Seaway Center to <br /> Lot 10 of Seaway Center. <br /> 2. The easement access shall be designed, and the location <br /> determined by mutual agreement between Washington Services, Inc. and the <br /> City of Everett and the easement document in a form acceptable to the City <br /> Attorney shall be provided to the City of Everett at the time when the plans <br /> for development of Lot 6, the property to the east of Lot 10, are finalized <br /> or at such time as City of Everett deems the access to be necessary, <br /> whichever occurs first. <br /> 3. The easement access through Lot 6 to Lot 10 is not intended to be <br /> the permanent access to Lot 10. Permanent access from Merrill Creek Parkway <br /> to Lot 10 is intended by the City of Everett to be provided through the <br /> property directly south of Lot 10, which is commonly known as the "Schnitzer <br /> Investors Corp. " property. <br /> 4. In the event the City of Everett obtains access to Merrill Creek <br /> Parkway through the property south of Lot 10 and no longer requires access <br /> through Lot 6 of Seaway Center, the City will so advise Washington Services, <br /> Inc. and HDMC, Inc. and the obligation to provide access through Lot 6 to <br /> Lot 10 will cease. At that time any access encumbrance on Lot 6 will be <br /> removed. . In the event that the City of Everett is unable to secure access <br /> through the property directly south of Lot 10, then the access through Lot 6 <br /> of Seaway Center will become the permanent access to Lot 10. <br />