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(2) City agrees that it shall, at all times dudng the construction of the Bernal <br />Avenue Extension and E. Angela Street, provide wintedzed, year round, physical <br />access over the Road Easement to allow Bonde, or her successors, access to the <br />southeasterly portion of the Subject Property through the gate in the fenceline to be <br />installed by City. It is the intent of the parties that Bonde, or her successors shall be <br />able to drive truck traffic over said physical access mute. <br /> <br /> D. Placement of Fill on Subject Property. <br /> <br />Bonde agrees that, dudng the construction of the Bernal Avenue Extension and E. <br />Angela Street, excess dirt from grading operations may be placed as engineered fill <br />in the area south of Abbie Street and between the E. Angela Street extension and <br />the Catholic Church, if needed. The fill shall be placed in accordance with good <br />engineering practices and so as not to interfere with the future development of the <br />Subject Property. <br /> <br /> E. Successors Bound by Obligations Contained Herein. <br /> <br />In the event that Centaur and/or Shapell have acquired title to the Subject Property <br />under the Purchase agreement and/or the Joint Venture Agreement prior to the <br />commencement of construction of the Bernal Avenue extension and E. Angela <br />Street, the party(ies) then holding title to the Subject Property shall be deemed, by <br />virtue of acquiring title, to have assumed the obligations to make the reimbursement <br />payment, and to allow for the placement of excess fill as provided for in these <br />paragraphs 3B, and 3D, upon their acquisition of title to the Subject Property, and <br />Bonde shall individually have no further obligation whatsoever. <br />4. Other Ob!laations of City. <br /> <br />As additional consideration for the grants and offers of dedication provided herein, <br />City agrees to the following: <br /> <br /> A. City Support of Subject Property Annexation. <br /> <br />City shall support the annexation of the Subject Property into the City's jurisdiction. <br /> <br /> B. Street Plan Adjustments. ~-i , ~ } <br />City shall support and incorporate into the |construction plans for Bernal Avenue <br />extension and E. Angela Street any~street widenings (turn-pockets) or other <br /> <br /> - 4 <br /> <br /> <br />