Orange County NC Website
which a party to this lease seeks damages for a taking will be at the expense of the party <br />asserting the claim or defense. The parties agree to be named as a party to these proceedings if <br />necessary for the other to assert a claim or defense so long as the party asserting the claim or <br />defense agrees to reimburse the other for any costs it might incur as a first charge against any <br />award. <br /> <br /> 9.6 RELOCATION OF LESSEE: If this Lease is terminated as the result of damage, <br />casualty or taking, Lessor will take reasonable steps to grant Lessee a leasehold interest in other <br />tracts it might own, if any, and Lessee agrees to contribute any proceeds or award received by <br />Lessee to purchase or develop the other property and enter a Lease substantially similar to this <br />one. In no event will Lessor be required to terminate the tenancy of any other lessee or withhold <br />any property from development or rental in order to accommodate lessee and Lessor’s failure to <br />supply similar leasehold premises or any premises whatsoever will not give rise to any cause of <br />action by Lessee against Lessor for damages, specific performance or other remedy. <br /> <br />ARTICLE 10: Transfer, Sale, or Disposition of Leasehold Interest <br /> 10.1 INTENT: Lessee acknowledges that the terms of this Lease, and in particular of this <br />Article 10, are intended to preserve the affordability of the Leasehold for lower and moderate <br />income households. <br /> <br /> 10.2 TRANSFERS TO QUALIFIED BUYERS: While living, Lessee may transfer <br />his/her interest in the Leased Premises only to <br /> a. Lessor or <br /> b. a Qualified Buyer as defined below or <br /> c. a Permitted Mortgage Holder in lieu of foreclosure. <br /> <br /> All such transfers will be subject to Lessor’s review and purchase option rights set forth <br />in this Article 10. Any attempted transfer not authorized under this Article 10 will be null and <br />void. <br /> “Qualified Buyer” will mean a person or group of persons who meet the resident <br />selection requirements of CHT described in the attached Exhibit H: CHT RESIDENT <br />SELECTION REQUIREMENTS and/or those of any governmental entity providing funding for <br />CHT, and whose household income does not exceed ___________ percent (_____%) of the <br />median household income for the Standard Metropolitan Statistical Area that encompasses <br />Orange County, North Carolina, as calculated and adjusted for household size from time to time <br />by the U.S. Department of Housing and Urban Development (HUD) or any successor. <br /> <br /> 10.3 TRANSFER TO LESSEE’S HEIRS/DEVISEES: So long as the recipient is willing <br />to assume the Lessee’s obligations under this lease and sign a Letter of Stipulation and a Letter <br />of Acknowledgment of legal counsel (similar to those described in Article 1 of this Lease), <br />Lessee may leave his or her interest in the Leasehold Estate by will or allow it to pass by <br />intestate succession to the following: <br /> a. The spouse of the Lessee; or <br /> b. The child or children of the Lessee; or <br />DocuSign Envelope ID: 1C608BEC-B713-4BE4-9E53-CD92D598627F