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SFY 2016 Community Transportation Program (CTP) Grant <br />Application - Special Section 5333 (b) Warranty <br />losses and costs of moving to the same extent provided in subparagraph (a) of this paragraph <br />(11) and paragraph (12)(a) hereof. <br />(11)(c) No claim for reimbursement shall be paid under the provisions of this paragraph <br />unless such claim is presented to the Recipient in writing within ninety (90) days after the <br />date on which the expenses were incurred. <br />(11)(d) Except as otherwise provided in subparagraph (b), changes in place of residence, <br />subsequent to the initial changes as a result of the Project, which are not a result of the Project <br />but grow out of the normal exercise of seniority rights, shall not be considered within the <br />purview of this paragraph. <br />(12)(a) The following conditions shall apply to the extent they are applicable in each instance <br />to any employee who is retained in the service of the employer (or who is later restored to <br />service after being entitled to receive a dismissal allowance), who is required to change the <br />point of his /her employment as a result of the Project, and is thereby required to move his /her <br />place of residence. <br />If the employee owns his /her own home in the locality from which the employee is required <br />to move, the employee shall, at the employee's option, be reimbursed by the Recipient for any <br />loss suffered in the sale of the employee's home for less than its fair market value, plus <br />conventional fees and closing costs, such loss to be paid within thirty (30) days of settlement <br />or closing on the sale of the home. In each case, the fair market value of the home in question <br />shall be determined, as of a date sufficiently prior to the date of the Project, so as to be <br />unaffected thereby. The Recipient shall, in each instance, be afforded an opportunity to <br />purchase the home at such fair market value before it is sold by the employee to any other <br />person and to reimburse the seller for his /her conventional fees and closing costs. <br />If the employee is under a contract to purchase his /her home, the Recipient shall protect the <br />employee against loss under such contract, and in addition, shall relieve the employee from <br />any further obligation thereunder. <br />If the employee holds an unexpired lease of a dwelling occupied as the employee's home, the <br />Recipient shall protect the employee from all loss and cost in securing the cancellation of said <br />lease. <br />(12)(b) No claim for loss shall be paid under the provisions of this paragraph unless such <br />claim is presented to the Recipient in writing within one year after the effective date of the <br />change in residence. <br />(12)(c) Should a controversy arise in respect to the value of the home, the loss sustained in its <br />sale, the loss under a contract for purchase, loss and cost in securing termination of a lease, or <br />any other question in connection with these matters, it shall be decided through a joint <br />conference between the employee, or his /her union, and the Recipient. In the event they are <br />unable to agree, the dispute or controversy may be referred by the Recipient or the union to a <br />board of competent real estate appraisers selected in the following manner: one (1) to be <br />M <br />NCDOT -PTD <br />SFY 2016 <br />Attachment number 12 <br />G -1 Page 91 <br />