Buy-Back Agreement Sample Clauses

Buy-Back Agreement. 31. As a condition of the Municipality conveying the Property to the Purchaser, the Purchaser agrees to execute the Buy-Back Agreement, giving the Municipality an unencumbered and unrestricted right at its sole discretion to repurchase the Property if the Purchaser does not comply with this Agreement and with the Buy-Back Agreement; or if the Purchaser does not commence the construction of the Building as described in the final Site Development Proposal and in accordance with the Site Development and Building Standards by fully installing all the footings and the foundation of the Building (“Commence”) by the Commencement Date (within 18 months after the Closing Date); and/or if the Purchaser does not complete the construction of the Building as described in the final Site Development Proposal and in accordance with the Site Development and Building Standards to at least the Roof Tight Stage (“Complete”) by the Completion Date (within 36 months following the Closing Date).

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Buy-Back Agreement. You shall have the right to repurchase from us the property that is recovered for the amount paid to you for the “loss”, plus an amount which represents loss adjustment and recovery expenses. You may repurchase damaged property belonging to you and for which a total “loss” has been paid, at the then “current market value” of the damaged property. We agree to notify you of your right to repurchase damaged or recovered property and you shall have sixty (60) days from date of notice to exercise the repurchase right.

Buy-Back Agreement. 24. The Property shall be conveyed free from any encumbrances except as to the Buy-Back Agreement as provided for in Schedule “D” of this Agreement, and to any Easements, Restrictions or Covenants that affect the Property, except as specified in this Agreement and the Plan of Survey.

Buy-Back Agreement. 27. As a condition of the Municipality executing this Agreement, the Purchaser agrees to execute upon the signing of this Agreement, a Buy-back Agreement in favour of the Municipality as provided for in Schedule “D” of this Agreement (the “Buy-Back Agreement”). The Buy-Back Agreement shall give an unencumbered and unrestricted right at the sole discretion of the Municipality to repurchase the Property if the Purchaser does not commence and complete the Development on the Property as described in the final Site Development Proposal and in accordance with the Park Site Development and Building Standards, within the time periods for construction commencement and completion as required by this Agreement, or if the Purchaser does not comply with the terms and conditions of the Buy-Back Agreement.

Buy-Back Agreement. The Association has requested either a partial release of the Buy-Back Agreement (meaning the Buy-Back Agreement would remain on only the property located at 00 Xxxxxxxxx Xxxxx) or full release. However, CMHC will not fund the Association’s development project on the Main Street property unless the Municipality releases the Buy-Back Agreement or enters into a tripartite standstill Agreement with CMHC and the Association, that satisfactorily mitigates the risk of financial loss to CMHC by giving CMHC priority as a secured lender. Staff does not see any reason for the Municipality to not release the Buy-Back Agreement, given that CMHC’s funding is based on the Association’s development and operation of affordable housing units, which was the basis for HRM’s conveyance of the land to the Association. Further, the Municipality did not contribute all the lands that have been consolidated to form 000 Xxxx Xxxxxx. If the Buy-Back Agreement is released only from the 000 Xxxx Xxxxxx property, the existing apartment building located at 00 Xxxxxxxxx Xxxxx, Xxxxxxxxx, would remain encumbered. The Association met its obligations with respect to the construction of affordable housing at this location and has continued to operate it since it was built. The only other conditions that the Buy-Back Agreement was intended to protect against were with respect to any future conveyance or demolition of the building. Staff recommend a full release of the Buy-Back Agreement on both parcels of land to enable the Association to secure additional mortgage financing and other funding based on the following: • status as a registered Canadian charity subject to annual financial oversight by Revenue Canada Agency which includes the submission of annual reporting and a statement of accounts in accordance with certain accounting standards, investigation of any complaints, compliance with pre-determined disbursement thresholds, recourse to suspend or revoke registration, and may be subject to regulations regarding advertising, care quality, or fundraising; • oversight in relation to contracts executed under the Housing Co-Investment Fund under which the Association does not have the discretion to adjust rents without CMHC’s approval; • the Association’s established commitment to housing affordability for mental health consumers residing in HRM; and • HRM’s demonstrated support under the municipal Affordable Housing Grants Program. However, it should be noted that a release of the Buy-Back .

Related to Buy-Back Agreement