Agenda - Council - 05/28/2024 - Laserfiche WebLink

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other applicable law, including any right to notice of hearing and hearing, the right to object, and the right to appeal the assessment. Buyer further waives any requirements of the City Charter that may apply to said assessment. 4. As an alternative to imposition of a financial penalty and not in addition thereto, Seller may re-enter and take physical possession of the Property. Title to the Property shall be restored in Seller, and Buyer shall execute whatever documents and undertake whatever steps are necessary to establish and confirm Seller's fee simple interest in the Property free of any claims or encumbrances, including mechanic's liens. The Seller agrees to waive the right to re-enter and take physical possession of the Property upon satisfactory completion and inspection by the Seller of the Stage I Improvements as follows: a. Trunk and lateral sanitary sewer. b. Trunk and lateral water main. C. Storm drainage facilities (when specified). d. Stormwater maintenance through 90 percent buildout. e. Streets(excluding the final bituminous lift) f. Concrete curb and gutter(urban). g. Street traffic control signals. h. Lot grading. i. Trail development. j. Sidewalks. k. Electricity(within one-fourth mile). 1. Phone(within one-fourth mile). M. Natural gas(within one-fourth mile). n. Boulevard sodding. o. Water shut off boxes. p. Landscaping (the"Stage I Improvements"). 5. Upon satisfaction of the terms set forth in Section 4 above, the right of re-entry only set forth in Section 4 herein shall be released in a recordable writing executed by the Seller's Mayor and City Administrator. 6. This document constitutes the entire Right of Re-entry Agreement between the parties. Any modifications or amendments to this Agreement must be in writing and signed by both parties.