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<br /> 4. So long as Hernandez or his successors in title do not <br /> subdivide his property, Hernandez, his guests, and members of his <br /> family, and other persons entering Hernandez' property with his <br /> permission, shall be privileged to pass over and across the Private <br /> Easement, in its present physical condition and, in connection <br /> therewith, to utilize such existing paving or gravel surfacing as <br /> presently exists over and across the Private Easement area, and shall <br /> have no obligation to further improve the existing condition of the <br /> Easement. Further, Hernandez may from time to time as he deems <br /> necessary, deposit gravel on that portion of the Private Easement which <br /> is unpaved to facilitate all-weather travel across the same. BMC shall <br /> have no obligation to improve or maintain any part of the Private <br /> Easement. <br /> 5. So long as Dorsett or Ditching or their successors in title do <br /> not subdivide and develop Dorsett's and/or Ditching's property to the <br /> north of Hernandez' property, Dorsett and his tenants and guests shall <br /> be privileged to pass over and across the Private Easement and shall <br /> have no obligation to further improve the road surfaces over and across <br /> the said Easement. <br /> 6. The City agrees to maintain that portion of Lot 4 of the River <br /> Ridge Subdivision described on Exhibit B hereto for public park and <br /> right-of-way purposes. <br /> 7. BMC grants to Hernandez and Dorsett, and their successors and <br /> assigns, a temporary access easement over and across Lot 2 of River <br /> Ridge Subdivision, which temporary access easement shall be 25' in <br /> width and adjacent to the westerly boundary of the Private Easement. <br /> Such temporary easement shall be used only at such times as there shall <br /> exist on the permanent easement any construc,tion of improvements <br /> (including paving and utility lines) which renders the Private Easement <br /> impassable by automobile traffic and then only to the extent reasonably <br /> required to detour past construction activity or obstacles in the <br /> Private Easement. BMC shall not be obligated to improve the temporary <br /> easement. <br /> 8. This Agreement is entered into without the wr it ten joinder <br /> or consent of persons or entities who prior to recordation of this <br /> -3- <br />