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a. Buyer must obtain a certificate of occupancy from the City of Ramsey, for <br />the project described below by (INSERT DATE 1 YEAR AFTER <br />CLOSING DATE). <br />Project Description: <br />i. Elevate Hope House Site Plan, approved by the City of <br />Ramsey on by Resolution - ;. <br />ii. Elevate Hope House Development Agreement, approved <br />by the City of Ramsey on by <br />Resolution - <br />3. Seller may impose a penalty of $50,000.00 against the Property if the certificate of <br />occupancy is not obtained, for the construction of a minimum 8,500 SF <br />commercial/residential mixed -use building compliant with COR Zoning <br />requirements to be further defined by an approved Site Plan, pursuant to the <br />deadline set forth above. The penalty is due upon written notice to Buyer from <br />Seller of the failure to satisfy a contingency. In the event the penalty is not paid <br />within 30 days of receipt of the notice, Seller may, but is not required to, certify <br />the penalty to Anoka County as an assessment against the Property. Buyer waives <br />any and all rights under Minnesota Statutes, chapter 429, and any other applicable <br />law, including any right to notice of hearing and hearing, the right to object, and <br />the right to appeal the assessment. Buyer further waives any requirements of the <br />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 />5. 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 />