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Development Agreement; (c) Secondary Developer shall not be liable to the City for the <br />performance of the Developer's obligations under the Master Development Agreement; and (d) <br />the City shall not be liable to Secondary Developer for the performance of the City's obligations <br />under the Master Development Agreement. <br />All conditions set forth in Section 4.2 of the Master Development Agreement have been met to <br />the satisfaction of the City or waived by the City and the City no longer has a right to terminate <br />the Master Development Agreement under that Section. The City represents that there is no <br />default by Master Developer of any term or condition of the Master Development Agreement for <br />which the City has provided Formal Notice under Section 15.1 of the Master Development <br />Agreement. The City acknowledges and agrees that, except as specifically amended herein, the <br />Master Development Agreement is in full force and effect and has not been modified or <br />amended. <br />To the extent that any provisions of this Agreement are inconsistent with or contrary to the <br />provisions of the Master Development Agreement, the provisions of this Agreement shall <br />control. <br />4. FIRST AMENDMENT TO MASTER DEVELOPMENT AGREEMENT. <br />Secondary Developer acknowledges that the Master Developer and the City are in the process of <br />negotiating the First Amendment. Secondary Developer acknowledges it has reviewed drafts of <br />the First Amendment and Secondary Developer specifically acknowledges that the First <br />Amendment provides for the City's levying of special assessments in the amount of $141,000.00 <br />against the Property for the AUAR Roadway Improvements and provides for increases in the <br />amount of the special assessments the City will levy against the Property for the City Phase I <br />Roadway Improvements, the City Phase II Roadway Improvements and the City Phase I Parking <br />Improvements (which are re -defined in the First Amendment as the "Parking Improvements") by <br />$6,132.45, $8,438.00 and $42,000.00 respectively. Secondary Developer agrees that if the City <br />and the Master Developer agree to and execute a First Amendment in a form which provides for <br />special assessments as described above, Secondary Developer will execute the First Amendment <br />for the purpose of subjecting the Property to such assessments and waiving its appeal rights with <br />respect to such assessments, provided the First Amendment also provides: for (a) the deletion of <br />Sections 4.18 (SPECIAL SERVICE DISTRICT — PARK IMPROVEMENTS and 4.19 <br />(SPECIAL SERVICE DISTRICT — AUAR ROADWAY IMPROVEMENTS) of the Master <br />Development Agreement; (b) the City agreeing that it will not assess the Secondary Developer or <br />the Property any amounts for an enhanced level of park improvements; and (c) the City agreeing <br />that it will not assess the Secondary Developer or the Property any amounts for AUAR Roadway <br />Improvements in excess of $141,000.00. <br />5. SECONDARY DEVELOPER'S RIGHTS AND OBLIGATIONS UNDER <br />THE MASTER DEVELOPMENT AGREEMENT. Secondary Developer's rights and <br />obligations under the Master Development Agreement with respect to the Property shall be as <br />follows: <br />a. Section 4.7. Both Master Developer and Secondary Developer shall have <br />the benefit of Section 4.7 of the Master Development Agreement as it relates to the <br />Property, and Secondary Developer may enforce Section 4.7, as it relates to the Property, <br />against the City. So long as Secondary Developer has rights in any portion of the <br />3 <br />