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