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or (ii) from any setback requirements of the City of Roseville <br />provided that such variance does not violate the provisions of <br />paragraph 4 or 5 hereof. Discus hereby agrees that, within 5 <br />days after the request of Fine, Discus will execute any and all <br />applications, consents, certificates, acknowledgements and other <br />instruments requested by Fine for the purpose of confirming, <br />facilitating, utilizing or establishing the right of Fine to <br />claim the right to use the parking upon the Discus Property for <br />the purpose of satisfying any parking requirements applicable to <br />the Fine Property or of securing any variance from the parking or <br />setback requirements of the City of Roseville which are applicable <br />to the Fine Property or any development thereof. Fine and Discus <br />shall each at their own expense maintain and repair, including <br />snow removal, such parking as may, from time to time, exist upon <br />their respective properties. <br />2. Notwithstanding the provisions of paragraph 1 hereof, <br />Fine agrees that from and after five (5) years from the date <br />hereof in the event that the Discus Property is not used as a <br />restaurant or for another use or activity classified by the City <br />of Roseville under its Joint Parking Facilities ordinances (or <br />any comparablf:: successor ordinances) as other than "primarily <br />daytime uses," then Discus may without the consent of Fine expand <br />the buildings on the Discus Property without regard for the <br />square footage limitations contained in paragraph 1 and Discus <br />may in connection with said expansion reduce the number of parking <br />-4- <br />