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• exceed thirty (30) thirty-five (35) such homes, total, 30 on Lot F and 5 on Lot C. The boundary of Lot F is shown on the Plat and is more fully depicted on the Sketch Plat. These restrictions shall be included as restrictive covenants in the deed conveying the Property to the Purchaser and in any other necessary deeds or documents. (3) Delivery of Purchaser's written agreement to seek a Planned Unit Development (PUD) of single family homes to be constructed on Lots A, B, C and F between Elliott Avenue and Lankford Avenue, as configured in the layout depicted in the Sketch Plat, or other substantially similar layout. Purchaser's promise to seek a PUD on the referenced lots shall be included as a covenant in the Deed conveying the Property to the Purchaser and in any other necessary deeds or documents. (C) Either Seller or Purchaser may void this Contract, without liability or penalty, if one or more of the above -referenced contingencies and/or conditions intended for its benefit is not fulfilled by delivering written notice to the other party. If the Contract is voided by the Purchaser due to the failure of the above -referenced condition referenced in Section III(a) of this Contract, then Seller shall immediately return all deposits to Purchaser and each party shall be relieved of all obligation(s) hereunder. Seller agrees that approval of Purchaser's PUD application will not be conditioned upon requirements inconsistent with (a) the character of the surrounding neighborhood, (b) the • development as shown on the Sketch Plat, or (c) the 4-289 1,500 square foot homes contemplated for the PUD and referenced above. This agreement shall survive closing. D) As an inducement to Purchaser to construct only single family homes with a minimum size of no less than 1,500 square feet of interior living space exclusive of all porch garage and covered deck space Seller hereby a reg es to participate in 50% of the cost of construction of the public road required by this development, the location of which is shown on the Sketch Plat Seller's participation hereunder shall in no event exceed $162,375 and shall be due only upon completion of the entire road and acceptance of same into the City Street system, such acceptance not to be unreasonably withheld. It is a¢reed that C. W. Hurt contractors will construct the street and required curb, gutter and sidewalk at a cost of $324,750. IV. CLOSING AND POSSESSION (a) Delivery of the Deed and the balance of the Purchase Price, and transfer of title of the Property shall take place at Closing. Possession shall take place at Closing. (b) Closing will take place in the Office of the City Attorney in City Hall (605 E. Main Street, Charlottesville, Virginia) on44ay-6 June 22, 1999, or as soon thereafter as all conditions of Section III of this contract have been met to the Purchaser's and Seller's satisfaction; and • Prepared by Charlottesville City Attorney's Office May 28, 1999 Page 3 of 5