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~ • <br />Dolores Court, at Dolores Drive, in order to accommodate an <br />entrance for Parcel A to the standard street design for such an <br />intersection. Developer shall pay for all design, surveying, <br />construction, eminent domain proceedings, if required, or <br />reconstruction far said reconfigured intersection, including, but <br />not limited to, curb, gutter, sidewalks and street work. <br />9.2 City shall provide a twenty foot public service <br />easement far subsurface public utilities use extending from <br />Mission Drive to Parcel A across Parcel C, as described in <br />Exhibit "A". <br />10. Site Gradin . <br />In order to mare Parcel B as conducive to development <br />for a park and recreational site as feasible, Developer shall <br />remove 66,000 yards of fill from Parcel A to B and, if acceptable <br />to the City, to Parcel C as well. Said grading shall be <br />performed pursuant to a duly-issued grading permit by the City <br />and shall be performed within six months after the exchange is <br />completed. Developer shall have the right to cross Parcels B and <br />C, subject to the route being approved by the City, in order to <br />accomplish the transfer of fill. <br />11. Remedies. <br />11.1 Specific _ Performance. Unless amended or <br />terminated in accordance with the terms. of this Agreement, this <br />Agreement is specifically enforceable by either party. <br />Notwithstanding anything to the contrary herein, the parties <br />hereto recognize and acknowledge that there is a risk that <br />- 6 - <br />