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improvements paid by the Batton Plaintiffs that may be legally included in the cost basis of the <br />• property pursuant to applicable Internal Revenue Service regulations at the time of the purchase <br />of the property by the RSWA beginning with the initial purchase of the real estate in 1979 minus <br />the value of the 2.127 acres that were severed from the original parcel and transferred in 1990 <br />plus an annual appreciation rate for said property (and prorated for the improvements that may <br />be legally included in the cost basis from the date of the completion of each said improvement) <br />which shall be equivalent to the average appreciation rate for all residential properties in <br />Albemarle County calculated in accordance with the average biennial real property assessment <br />increase for each odd -numbered year until the property is conveyed to the RSWA. If the Batton <br />Plaintiffs and the Defendants disagree over the annual appreciation rate to apply, then, subject to <br />the enforcement and attorneys fee provisions of this Agreement, the Batton Plaintiffs and the <br />Defendants shall submit the rate each believes is the appropriate annual appreciation rate to the <br />• Court for its consideration. The Court will choose one of the two rates submitted for the purpose <br />• <br />of calculating the purchase price. There will be no appeal of the choice of the appreciation rate <br />chosen by the Court, and such choice shall be binding upon the Parties or their successors and <br />assigns. The Batton Plaintiffs and the RSWA shall execute a covenant to run with the land that <br />will be recorded with the land records of the property owned by the Batton Plaintiffs and the <br />RSWA making reference to the terms of this Agreement and which will inure to the benefit of <br />any successors in interest to the property owned by the Batton Plaintiffs unless and until the <br />property of the Batton Plaintiffs are acquired by the RSWA. The closing on the purchase of the <br />Batton Plaintiffs' property shall occur, if at all, within six (6) months (or at such other time as the <br />parties may agree, it being understood that time is of the essence for the completion of this <br />transaction) after the following triggering event: if two consecutive groundwater sampling <br />18 <br />