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[DRAFT] <br /> <br /> 4.1__~5 4-A-3-PERMITS. The Developer must obtain all necessary approvals; permits and <br />licenses from the City and the Other RegulatoW Agencies for any Development the Developer <br />undertakes on the Subject Property including the performance of the Developer's obligations <br />under this Master A=m'eement. Each Secondaw Developer must obtain all necessary approvals, <br />permits and licenses from the Cit3, and the Other Regulatory Agencies for all development the <br />Secondaw Developer performs or undertakes on the Subject Property, including an), activities <br />the Secondary Developer is obligated to undertake pursuant to the terms of the Final Plans for a <br />Phase. The DeVeloper and each Secondaw Developer are responsible for all costs incurred to <br />obtain approvals, permits and licenses each is required to obtain pursuant to the terms of this <br />Section 4.13 and each is also responsible for the payment of all fines or penalties the City or any <br />Other Regulatory. Agency levies or imposes against it as a result of/ts failure to obtain necessary <br />approvals, permits and licenses or its failm'e to comply with the terms and conditions set forth in <br />the approvals, permits and licenses it obtains. <br /> <br /> 4.16 RELATIONSHIP. COMMERCIAL AND P~SIDENTiAL <br />DEVELOPMENT. The Cit~, is a~reein~o_ to construct the CiD' Public Improvements and to <br />participate in construction of the Ramps to encourage both commercial and residential <br /> <br />development on the Subject Pro,crt)'. The City acknowledges that residential <br />Development will occur more quick[zthan commercial Development. To insure that the <br />Developer dili~enth~Lpursues both residential and commercial Development, the City <br />reserves the r_ight, exercisable in the City's sole and absolute discretion, to refuse to <br />approve Final Plans which provide for the development of more than residential units ' <br />until the Developer has constructed square feet of commercial devetopment_,..more then <br /> <br />residential units until the Developer has developed square feet of commercial <br /> <br />development: and more then residential units until Developer has constructed at least <br /> square feet of commercial develoPment. <br /> <br />4.17 AUAR ROADWAY IMPROVEMENTS AND COUNTY ROADWAY <br /> <br />IMPROx, EMENTS. The Cit)~ and the Developer acknowledge the importance of <br />up_gradin~ the re~ionat roadways with the AU:A.R Roadway Improvements. The City and <br />the Developer have met On several occasions with officials of Minn DOT and the CounW to <br /> <br />discuss the necessity of the AUAR Roadway and_possible timin._o, and funding, alternatives <br />with respect thereto. The City and the Developer will dili~enth, and in good faith pursue <br />enterins into agreements with Minn DOT and the Countw for the financing and <br />construction of the AUAR Roadway Improvements by Minn DOT and the County. <br /> <br />respective}v. The Developer acknowledges that the AUAR requires mitigation of potential <br />~acts that may result from the fulI build out of the RTC Proiect. The Developer will <br /> <br />1555730.red <br />V8 tp V6; <br />8/29/03 <br /> <br /> <br />