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Closing will be contingent on Purchaser obtaining the necessary permits and <br />• approvals on conditions satisfactory to Purchaser in its sole discretion within the time <br />period established by this Contract. If Purchaser diligently and in good faith seeks the <br />required approvals but is unsuccessful in obtaining one or more essential permits or <br />approvals from the City, Purchaser may terminate this Contract without further <br />obligation to the Seller, and receive a full refund of its deposit. If Purchaser fails to <br />diligently and in good faith pursue the required approvals within the time period <br />established by this Contract, Seller may terminate this Contract without further obligation <br />to the Purchaser, and Purchaser's deposit shall be retained by the Seller. <br />(C) Following the receipt of all necessary approvals from the City and closing on <br />the Property, Purchaser will construct six (6) townhouses on the Property, ranging in size <br />from 1,440 to 2,460 square feet. The sales price for each townhouse shall be between <br />$158,000 and $231,900, unless a greater or lesser amount is approved by the <br />Charlottesville City Council. The initial sale of each townhouse shall be to an individual <br />or family who has resided within the City of Charlottesville for a period of at least one <br />year prior to the sale of the property. At least one of the townhouses shall be sold to a <br />family with a household income that is 80% or less of the area's median family income. <br />Purchaser shall also, by deed restriction or other lawful means, insure that the properties <br />remain owner -occupied following the initial sales. The requirements of this paragraph <br />shall survive Closing on the Property. <br />(D) Purchaser shall prepare, at its own expense, the necessary subdivision or <br />related plat in recordable form to be used with the deed at closing in describing the <br />property to be conveyed and any easements to be granted. <br />V. Seller's Rights and Obligations <br />(A) Seller shall prepare, at its own expense, the special warranty deed necessary <br />for conveyance of the City's interest in the Property to Purchaser. The deed will reserve <br />for the City an easement for the existing water line which crosses the property. The <br />easement will be of such size and under such conditions as are typically reserved for City <br />utility easements. If, prior to closing, additional City -owned utilities are discovered on <br />the property which affect the Purchaser's ability to construct the planned development, <br />Purchaser may either (i) relocate the utility at its own expense and grant the City an <br />easement for the relocated utility; or (ii) request that the City relocate the utility at its own <br />expense. If the City declines to relocate the utility at its expense, Purchaser may <br />terminate this Contract without further obligation to Seller, and receive a full refund of its <br />deposit. <br />(B) The Seller shall diligently and in good faith review all applications and <br />submittals by the Purchaser required by this Contract or the Zoning and Subdivision <br />ordinances of the City of Charlottesville. Any required approvals will not be <br />unreasonably delayed or denied. <br />