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(Special Town Meeting - February 14, 1983.)` <br /> Article 2. Memorandum of Understanding (Cont.) <br /> (Cont.) <br /> 1. Purcha and Sale. The Town agrees to sell the Property to <br /> the Developer and the Developer agrees to purchase the Property upon <br /> the terms and conditions set forth herein. <br /> 2. Price. The Developer agrees to pay the Town a sum equal to <br /> the product of $6,100 per dwelling unit built times the number of <br /> dwelling units built, less one (the manager's apartment). Such <br /> sum less any credit for the Senior Center as hereinafter described <br /> (the Price) shall be paid in full on or before the Commencement of <br /> Construction, which shall be defined as the issuance of a building <br /> permit, purchase of the Property and the delivery of the deed. <br /> 3. Below market Price. The Developer acknowledges that the <br /> Price is below the market value of the Property if it were not <br /> restricted as hereinafter provided and that such restrictions are <br /> designed to allow the Town and the Developer to provide affordable <br /> housing. <br /> 4. Condominium. The Developer agrees to convert the Property <br /> to a residential condominium consistent with this Agreement (the <br /> Condominium). <br /> 5. Number of Units and Unit Sizes. The Developer agrees to <br /> convert the building located on the Property (the Building) into <br /> not less than 65 dwelling units nor more than 71 dwelling units <br /> including the manager's unit. The final number and types of units <br /> shall be determined prior to the application for a Special Permit <br /> from the Board of Selectmen. The final unit composition shall <br /> include a variety of units including, but not limited to, one, two, <br /> and three bedroom units, and the area of these units shall not be <br /> less than 500 square feet nor more than 1400 square feet. <br /> 6. Selling Prices of Units. Subject to Sections 8 and 11, the <br /> Developer agrees to offer units in the Condominium for sale at <br /> prices based on the following schedule: <br /> (a) Pre -Sold Units. At least 30% of the dwelling units other <br /> than the manager's unit will be offered at an average base selling <br /> price of $54,750 prior to the Commencement of Construction. Such <br /> offering shall commence no later than two weeks after the issuance <br /> of the Special Permit. Any units conveyed pursuant to a purchase <br /> and sale agreement entered into prior to the Commencement of <br /> Construction will be sold subject to the Deed Restrictions (as <br /> hereinafter defined) and for the sake of calculating resale value <br /> under the Deed Restrictions will be assumed to have sold for the <br /> prices outlined under paragraph 6(b) hereof if the Buyer owns and <br /> occupies the unit for at least three years, and if such Buyer owns <br /> and occupies the unit for less than three years, the difference <br /> between such prices shall be pro -rated on a daily basis and added <br /> to the Buyer's actual purchase price. <br /> (b) Units S old D C ons tr uction. After the Commencement of <br /> Construction and prior to the Completion of Construction, which <br /> shall be defined as the issuance of the first certificate of occupancy <br /> by the Building Commissioner, any unit not previously under purchase <br /> and sale agreement that culminates in a conveyance shall be offered <br /> for sale at a average base selling price of $59,750. All units sold <br /> during said period shall be subject to the Deed Restrictions. <br /> (c) Units Sold.Within 90 days of Completion of Construction. <br /> After the Completion of Construction and prior to the expiration of <br /> 90 days from the Completion of Construction any units not previously <br /> under purchase and sale agreements that culminate in a conveyance <br /> may be increased in base selling price by an additional $5,000 per <br /> unit for an average price of $64,750. All units sold during said <br /> period shall be subject to the Deed Restrictions. <br /> (d) Unit Sold After the Expiration of 90 days from Completion <br /> of Construction. After the expiration of 90 days from the Com- <br /> pletion of Construction, any units not previously conveyed or not <br /> then under purchase and sale agreements which culminate in a con- <br /> veyance, may have an increase in the base selling price of an <br /> _.. ..... .. -.. ..- <br />