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~ ~ <br />(2) .City agrees that it shall, at all times during the construction of the Bernal <br />Avenue Extension and E. Angela Street, provide winterized, 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 route. <br />D. Placement of Fill on Subject Property. <br />Bonds agrees that, during 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 />E. Successors Bound by Obligations Contained Herein. <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 36, and 3D, upon their acquisition of title to the Subject Property, and <br />Bonds shall individually have no further obligation whatsoever. <br />4. Other Obligations of .City. <br />As additional consideration for the grants and offers of dedication provided herein, <br />City agrees to the following: <br />A. City Support of Subject Property Annexation. <br />City shall support the annexation of the Subject Property into the City's jurisdiction. <br />B. Street Plan Adjustments. ~ ~ r~ ~ <br />0~' ~ <br />City shall support and incorporate into the construction plans for Bernat Avenue <br />extension and E. Angela Street any street widenings (turn-pockets) or other <br />r~.A~aY1r~ ~ ~ <br />- 4 - <br />