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maintaining the road, except the cost to Rough Grade the <br /> road, shall be paid by the City. <br /> (e) Developer will construct a site access control <br /> fence at least six (6) feet high along the edge of the <br /> Recreational Parcel in the approximate location shown on the <br /> site plan attached as Exhibit B. <br /> (f) The Developer will either itself or through an <br /> operator operate the Recreational Parcel as a Ski Hill open <br /> to the public.for a period of five (5) ~years, beginning on <br /> its first day of operation which is estimated to be November <br /> 30, 1991. The Developer either itself or through an <br /> operator will charge the public fees for use of the Ski Hill <br /> which are reasonable for a facility of this nature, <br /> including, but not limited to, tow rope fees, parking fees <br /> or admission fees, which fees shall be set in Developer's or <br /> operator's sole discretion. <br /> Section 4.02. Conditions to Developer's Construction Obli- <br />gations. The Developer shall not have the ~bligation to take the <br />actions set forth in Section 4.01 of this Agreement until the <br />following have occurred: <br /> (a) The conditions set forth in Section 3.02 have been <br /> <br />met. <br /> <br /> (b) The Developer's obligation to construct the <br />Improvements as set forth in Sections 4.01(a), (b) and (e) <br />shall be subject to a determination by the Developer (which <br />determination shall be determinative only if agreed to by <br />the City) that no events have occurred between the execution <br /> <br />-13- <br /> <br /> <br />