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2 <br />517239v2 MU205-47 <br /> <br />4. Manner of Exercise of Option; Notices. If Buyer elects to exercise the Option, it <br />shall do so by giving written notice thereof to Seller (such notice, an “Option Notice”) on or <br />before the Option Deadline. An Option Notice shall be in writing and shall be deemed given on <br />the date (i) delivered personally, (ii) deposited with the United States Postal Service, postage <br />prepaid, registered or certified, return receipt requested, (iii) deposited with a national courier <br />guaranteeing overnight delivery, or (iv) sent via facsimile or email with electronic delivery <br />confirmed. Notwithstanding anything in this Agreement to the contrary, upon Buyer giving a <br />written Option Notice to Seller, Buyer shall be obligated to acquire the Real Property from <br />Seller and shall pay all costs associated with such transaction, including, but not limited to the <br />Purchase Price and the Seller’s Costs, as defined below, and Buyer shall enter into both a <br />Contract for Private Development and a Purchase and Development Agreement with Seller <br />regarding the sale and development of the Real Property consistent with Minnesota law, <br />including but not limited to Minnesota Statutes, Section 469.105. <br /> <br />5. Seller’s Actions. Promptly upon receipt of an Option Notice from Buyer, Seller <br />shall undertake all actions required in order for Seller to obtain title to the Real Property, and <br />thereafter to convey title to Buyer pursuant to the terms of this Agreement. <br /> <br />6. Purchase Price; Costs; Assessment. <br /> <br />6.1. The purchase price paid by Buyer to Seller for the Real Property shall be an <br />amount equal to the sum of the price paid by Seller to Ramsey County to obtain the Real <br />Property (such price being estimated to be approximately $53,036.25), less the amount of <br />the Option Deposit (such sum, the “Purchase Price”). The Purchase Price shall be <br />payable by certified check or wire transfer on the Closing Date (as hereafter defined). <br />Buyer acknowledges and understands that the estimated price above ($53,026.25) is <br />based on a 75% reduction of the Real Property’s fair market value pursuant to Ramsey <br />County’s authority to sell tax-forfeited property to a government subdivision at a reduced <br />price for the purpose of developing and maintaining affordable housing. This price <br />reduction is authorized pursuant to Minnesota Statutes, Section 282.01, subd. 1a(d) and <br />Section 4.57.60 of the Ramsey County Administrative Code and is strictly conditioned on <br />the Real Property being used for affordable housing, as defined therein, for at least seven <br />years. Buyer agrees that if it does not purchase the Real Property from Seller as required <br />by this Agreement, or if the Real Property is not developed as affordable housing and <br />maintained as such for seven years following Seller’s acquisition of the Real Property, <br />irrespective of the cause, Buyer shall be solely responsible for any and all payments due <br />to Ramsey County in accordance with its policies in order for the county to recapture the <br />75% price reduction. Buyer further acknowledges and agrees that Seller is obligated to <br />place a deed restriction and/or declaration of restrictive covenant on the Real Property in <br />order to ensure that affordable housing is maintained on the Real Property for the <br />applicable seven-year period. <br /> <br />6.2. In addition to the Purchase Price, Buyer shall also be required to reimburse Seller <br />for any and all costs incurred by Seller in acquiring the Real Property and undertaking all <br />actions required in order for Seller to obtain fee title to the Real Property, including,