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<br />. B. City Q!:>Hg~!jQn~. The City shall, at its sole cost, complete the following <br /> items: <br /> 1. Provide 5,000 cubk yards of dirt or compatible fill (the "Fill") <br /> from the construction site of the Improvement Project; provided <br /> that the Property is ready to receive the Fill when it is ready to <br /> be delivered. As used herein, "ready to receive" means Grantor <br /> has received all required necessary permits for the temporary <br /> stock piling of the Fill; and that Grantor has cleared the stock <br /> piling area on whkh the Fill will be deposited. It is understood <br /> that all Fill will be delivered from Lake Johanna Boulevard and <br /> not indirectly through other portions of the Property. The stock <br /> pile area is shown on Exhibit D attached. <br /> Z. Construct the landscaping improvements shown on Exhibit C <br /> attached. Landscaping improvements shall be completed on or <br /> before the 15t day of October, Z007. <br /> 3. Examine title to the Property, as it deems appropriate, and shall <br /> prepare and record documents necessary to record the permanent <br /> easements. <br />. C. Revision of Easement DescriQtion~. The parties acknowledge that the <br /> permanent easements described on Exhibit A encompass the entire area <br /> of the currently delineated weUand on the Property. The configuratlon <br /> of the wetland may change as a result of the platting of the Property. <br /> The parties agree to revise the permanent easement descriptions upon <br /> approval of the final plat of the Property; or, if the permanent <br /> easements described herein have been recorded before approval of the <br /> preliminary plat of the Property, the City agrees to vacate that portion <br /> of the permanent easements described herein which are no longer <br /> necessary because of a reconfiguration of the delineated wetland on the <br /> Property. <br /> D. AsseSSIl)_~DtS. The City agrees not to assess any of the improvement <br /> project costs against the Property. <br /> REMAINDER OF PAGE INTENTIONALLY LEFT BLANK <br /> SIGNATURES BEGIN ON FOLLOWING PAGE <br />. <br /> 3 <br />