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56 <br />Section 3.7 Income and Rent Limits. The Developer covenants and agrees to rent <br />20% of the total rental units to households with incomes at or below 50% of the area median <br />family income. Area median income is determined by HUD and published on an annual basis. <br />ARTICLE IV <br />ACQUISITION OF DEVELOPMENT PROPERTY <br />Section 4.1 Acquisition of Development Property by the Developer. Under the <br />Southern Parcel Purchase Agreement and the Northern Parcels Purchase Agreement (the <br />"Purchase Agreements', Developer will acquire the Development Property not later than <br />March 1, 2013. <br />Section 4.2 Relationship of Purchase Agreements and Purchase Price. As detailed <br />in the Purchase Agreements, the total purchase price that the Developer will pay for the <br />Development Property will be calculated based on the actual number of senior rental housing <br />units constructed by the Developer. Developer has agreed to pay $8,000 for each senior rental <br />housing unit actually constructed in accordance with this Agreement (the "Purchase Price'. <br />For example, it is currently estimated that the Developer will construct 152 housing units, in <br />which case the Purchase Price would be $1,216,000, which is $8,000 multiplied by 152 units. <br />The Purchase Price will be allocated between the Purchase Agreements according to the relative <br />square footage of the Southern Parcel and the Northern Parcels. The agreed upon allocation of <br />the Purchase Price is that 52.88% will be paid to the Authority under the Northern Parcels <br />Purchase Agreement, and the remaining 47.12% of the Purchase Price paid to Apache <br />Redevelopment, LLC. Accordingly, if the Developer constructs 152 units for a Purchase Price <br />of $1,216,000, the Authority would receive $643,021 and Apache Redevelopment, LLC would <br />receive $572,979. <br />Section 4.3 Purchase Price Adjustment Based on Construction Costs. <br />(a) Developer represents that as of the date hereof, the Anticipated Construction <br />Costs are $13,951,371 as detailed in the Anticipated Construction Costs Statement, included on <br />the Development Pro Forma, attached as Exhibit E. The Authority acknowledges that that <br />Anticipated Construction Costs are preliminary in nature and are based upon the Developer's <br />initial pricing. Developer agrees to adjust the Purchase Price in accordance with this Section 4.3 <br />if Actual Construction Costs are less than the Anticipated Construction Costs. <br />(b) Upon receipt of a certificate of occupancy for the Minimum Improvements, <br />Developer shall, at its sole expense but as a Qualified Redevelopment Cost, cause Novogradae & <br />Company LLP to prepare and deliver to the Authority and the City's financial advisor the <br />Audited Construction Cost Statement. The Developer shall also furnish such additional <br />documentation as the Authority and the City's financial advisor may reasonably request. The <br />Authority shall notify the Developer in writing when the Audited Construction Cost Statement is <br />determined by it to be acceptable. <br />(c) If the Audited Construction Cost Statement demonstrates that Actual Construction <br />Costs are less than the Anticipated Construction Costs, then, within 30 days of receiving written <br />notification from the Authority, the Developer agrees to pay to the Authority an amount equal to <br />12 <br />