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e. Permitted Use. On or before the first business day which is one -hundred twenty <br />(120) days after the Effective Date, Buyer shall have determined that Buyer's <br />Intended Use of the Property for the development and construction of a medical <br />clinic and office building no Less than 7,500 square feet in area with related and <br />ancillary parking facilities and access improvements ("Buyer's Intended Use") is a <br />permitted use under the zoning, subdivision and land use regulations of the City <br />of Little Canada ("City") and of Ramsey County without the necessity of <br />obtaining a variance, conditional use permit, rezoning or similar land use <br />approvals. Buyer acknowledges that "Architectural Approval" by the Little <br />Canada Plannino Commission and Cit Council is required for an ,ro'eet on this <br />site <br />f. Governmental Permits and Approvals. On or before the first business day <br />which is one -hundred twenty (120) days after the Effective Date, Buyer shall have <br />obtained all preliminary plan approvals, site plan and other governmental <br />approvals required for the acquisition, development, improvement and operation <br />of the Property for Buyer's Intended Use thereof all upon terms and conditions <br />(including amounts of any governmental fees or impositions) acceptable to Buyer, <br />in Buyer's Sole discretion, and such approvals shall permit Buyer to construct a <br />project of a size and configuration reasonably acceptable to Buyer. Buyer shall <br />have the right, in its sole discretion to extend the date of this contingency for up to <br />two additional thirty (30) day extensions upon notice to Seller given before the <br />end of the initial one hundred twenty (120) day period specified in this Paragraph <br />f or the first thirty (30) day extension period, if applicable, if Buyer is diligently <br />pursing its governmental permits and approvals, but has not yet received them at <br />the end of the initial or first extended contingency period. Seller shall execute all <br />consents or applications, as required in connection with Buyer's applications for <br />governmental approvals, provided Buyer shall be solely responsible for all costs <br />associated with obtaining governmental approvals. <br />g. <br />Flood Plain Designation. On or before the first business day which is one - <br />hundred twenty (120) days after the Effective Date, Buyer shall determine that the <br />Property is not located within a federally designated flood plain. <br />h. Access. On or before the first business day which is one -hundred twenty (120) <br />days after the Effective Date, Buyer shall have determined that the Real Property <br />shall have adequate unrestricted access to Viking Drive a -dedicated -public street <br />sufficient to support Buyer's Intended Use of the Real Property. <br />Financing. On or before the first business day which is one -hundred twenty <br />(120) days after the date of this Agreement, Buyer shall have obtained a <br />commitment for construction mortgage financing as required for the acquisition, <br />development and improvement of the Real Property for Buyer's Intended Use, <br />and the terms and conditions of such commitment shall be acceptable to Buyer. <br />Buyer shall have the right, in its sole discretion to extend the date of this <br />3 <br />Davis Real Estate/City of Little Canada <br />