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outright to qualified Iow income families or leased though NEDCO's lease-to-own <br /> homeownership program. Units will be kept in NEDCO's lease-to-own housing inventory <br /> and leased to income eligible tenants until the unit is sold to a qualified lease-to-own <br /> tenant. Tenant and homebuyer eligibility is based on the current CDBG household <br /> income levels. <br /> <br />6. Metro Reversion of Ownership and Obligation to Pay Upon Breach of Covenant, In the <br /> event Metro fails to complete the Project within the time specified in Paragraph 4.2, or in the <br /> event Metro fails to comply with the provisions of Paragraph 4.3, Metro shall either be required <br /> to return the property to City or required to pay to City an amount equal to the fair market value <br /> (FMV) of the Property, determined and adjusted as follows: <br /> <br /> 6.1 In the event that Metro is unable to proceed with any aspect of the Project in a timely <br /> manner and no improvements are made to the Property and Metro has not transferred <br /> ownership of the two single family lots to NEDCO, and City and Metro determine that <br /> reasonable extension(s) for commencement will not remedy the situation, then the <br /> ownership of the Property shall revert back to City. Metro shall transfer the title of the <br /> Property by statutory special warranty deed, free of encumbrances suffered or created by <br /> Metro. City shall repay to Metro one dollar ($1.00). The Property shall be transferred <br /> within 45 days of the determination of Metro's inability to proceed. <br /> <br /> 6.2 In the event that Metro is unable to proceed with any aspect of the Project in a timely <br /> manner and no improvements are made to the Property and Metro has transferred <br /> ownership of the two single family lots to NEDCO, and City and Metro determine that <br /> reasonable extension(s) for commencement will not remedy the situation, then the <br /> ownership of the Property, less the two partitioned NEDCO single family lots, shall revert <br /> back to City. Metro shall transfer the title of the Property by statutory special warranty <br /> deed, free of encumbrances suffered or created by Metro. City shall repay to Metro one <br /> dollar ($1.00). The Property shall be transferred within 45 days of the determination of <br /> Metro's inability to, proceed. <br /> <br /> 6.3 The FMV shall be determined as of the date of the notice under Paragraph 6.5 and shall <br /> be the FMV of the land only, without regard to any improvements thereon, based on <br /> information from an appraisal conducted as of the date of notice. The appraisal shall be <br /> performed by a certified appraiser selected by City and Metro. <br /> <br /> 6.4 If the obligation to purchase arises because of a failure to comply with Paragraph 4.3, the <br /> purchase price determined under Paragraph 6.3 shall be adjusted based on the number <br /> of years that the Property qualified, pursuant to Paragraph 4.3, prior to the year in which <br /> the Property ceased to qualify. For example, if under Paragraph 4.3 the Property qualified <br /> for five consecutive years and ceased to qualify during the sixth year, the purchase price <br /> determined under Paragraph 6.3 would be reduced by 25 percent. <br /> <br /> 6.5 Any Property transfer or applicable payment shall be completed by Metro within 45 days <br /> after notice from City of a breach of either of the covenants in Paragraph 4. <br /> <br />7. NEDCO Reversion of Ownership and Obligation to Pay Upon Breach of Covenant. In <br /> the event that ownership of the two single family lots is transferred to NEDCO and NEDCO <br /> fails to comply with the provisions of Paragraph 5.3, NEDCO shall either be required to return <br /> <br />Metro Apple Orchard Apartments Land Grant Agreement - 4 <br /> <br /> <br />