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HomeMy WebLinkAbout2001-02-20 - Agendas - Final FAYETTEVI DLE THE CITY OF FAYETTEVILLE, ARKANSAS FINAL AGENDA (revised) CITY COUNCIL FEBRUARY 20, 2001 A meeting of the Fayetteville City Council will be held on February 20, 2001 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. STATE OF THE CITY ADDRESS A. CONSENT AGENDA 1 . APPROVAL OF THE MINUTES: Approval of the February 6, 2001 City Council Meetings. 2, SW BELL: A resolution approving an easement consisting of 400 sq. ft. for Southwestern Bell to install additional fiber optic equipment. The easement will be adjacent to an existing SW Bell easement which was granted in 1995 for a sum of $500. This new easement will have a onetime fee of $ 1 ,000. 3. PARK RENOVATION: A resolution approving a contract with McClelland Consulting Engineers, Inc. for the design and construction supervision of the renovation of Wilson and Walker Park tennis and basketball courts. 4. TCA CABLE: A resolution approving an extension with TCA Cable Partners to temporarily operate the cable communications system until April 30, 2001 . 5, OLD MISSOURI ROAD: A resolution approving an engineering services contract in the not-to-exceed amount of $256,420 with Garver Engineers for the design and construction administration for improvements to Old Missouri Road from intersection with Rolling Hills north to the Mud Creek Bridge. 6, ADDITIONAL PERSONNEL: A resolution authorizing additional personnel for the Engineering Division and the City Clerk/Treasurer Division. 7. BLOCK GRANT: A resolution approving a budget adjustment to accept the 2000 Local Law Enforcement Block Grant. 113 WEST MOUNTAIN 72701 501521-7700 FAX 501575-8257 { 8. AD 00-47: A resolution amending the City's Master Street Plan by removing the ' current line on the map that indicates the Eastern Bypass and show a corridor that is the same as the Northwest Arkansas Regional Planning Commission's 2025 Transportation Plan and the Northwest Arkansas Regional Transportation's Major Investment Study. B. OLD BUSINESS C. NEW BUSINESS 1 . PARKS AND RECREATION BOARD: An ordinance approving an amendment to the Code of Fayetteville Section 33 .018 requiring the Parks and Recreation Advisory Board to be composed of eight members appointed by the City Council 2, TROLLEY BUS : An ordinance waiving the requirements of formal competitive bidding and approving the purchase of used diesel powered passenger vehicles to be utilized by the Fayetteville Trolley Program. 3, RZ 98-22 : An ordinance approving an amendment to the Bill of Assurance to provide for use of a metal fence on that property described in RZ 98-22, approved in Ordinance #4175 and amended in Ordinance #4184, submitted by Richard Osborne on behalf of Littlefield Investment Company. 4, VA 01-1 : An ordinance approving vacation request VA 01 -1 , submitted by Steve Winkler for property located east of 607 Peach. The property is zoned R- 1 , Low Density Residential and contains approximately 0.08 acres. The request is to vacate the street right-of-way (Haddon Avenue). 5, AD 00-45: An ordinance approving Administrative Request, AD 00-45, as submitted by Laura Kelly on behalf of the Fayetteville Sidewalk and Trail Committee for Bike Parking Ordinance. 6. AD 00-49: A resolution approving an amendment to the City's Master Street Plan by eliminating the requirement for dedication of right-of-way for designated freeways/expressways. 7. SANITARY SEWER REHAB: A resolution approving a construction contract with T-G Excavating Contractors, Inc. for sanitary sewer rehabilitation, Illinois Basin 6, 9, 12, and 16, in the amount of $ 1 , 100,000 and approve a 5% contingency of $55,000. 8. SANITARY SEWER EVALUATION STUDY: A resolution approving an engineering contract with RJN Group, Inc. for a sanitary sewer evaluation study for Illinois River Basin 1 -5, 18, 19 and White River minisystem 27 (Industrial Park), in the amount of $471 ,231 , and approval of a 5% contingency in the amount of $23,562. 9. MOSS AND BARNETT: A resolution authorizing the extension of the engagement agreement with Moss and Barnett to allow for further negotiation of a franchise agreement until said task is complete and approving an amount not to exceed $20,000 to cover expenses for legal services and travel expenses. 10. CIVIL SERVICE: An ordinance granting authority to the Fayetteville Civil Service Commission to appoint and remove the Police Chief and Fire Chief; and for other purposes. 11 . CITY BOARDS AND COMMISSIONS: A resolution establishing criteria, rules and regulations for appointment to the city boards and commissions. 12. JERRY ROSE: Farewell address. 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Remove Item A.4, Moss and Barnett from the Consent Agenda and place under New Business, Item C.9. 2. Move Item A.S ., TCA Cable, up to number A.4. 3 . Remove Item A.6., Sanitary Sewer Rehab, from Consent Agenda and place under New Business, Item C. 7. 4. Remove Item A.7., Sanitary Sewer Rehab, from Consent Agenda and place under New Business, Item C.B. 5. Move Item A.8, Old Missouri Road, up to A.S . 6. Move New Business Item C.8, Additional Personnel, to the Consent Agenda, number • A.6. 7. Add Block Grant (Attached information) to Consent Agenda, number A.7. 8. Move New Business Item C.6., AD 00-47, to the Consent Agenda, number A.8. 9. Move New Business Item C.7., AD 00-49, up to New Business, C.6. 10. Remove New Business Item C.9., Research and Technology Park from the agenda. 11 . Add Civil Service ordinance New Business, number C. 10. 12. Add City Boards and Commissions resolution to New Business, number C. 11 . • _? FAYETTEVI11LE THE CITY OF FAYETTEVILLE, ARKANSAS FINAL AGENDA (revised) CITY COUNCIL FEBRUARY 20, 2001 A meeting of the Fayetteville City Council will be held on February 20, 2001 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. STATE OF THE CITY ADDRESS A. CONSENT AGENDA P� 1 . APPROVAL OF THE MINUTES: Approval of the February 6, 2001 City Council Meetings. 2, SW BELL: A resolution approving an easement consisting of 400 sq. ft. for D � Southwestern Bell to install additional fiber optic equipment. The easement will ` (Q J be adjacent to an existing SW Bell easement which was granted in 1995 for a sum of $500. This new easement will have a one time fee of $ 1 ,000. 3. PARK RENOVATION: A resolution approving a contract with McClelland 1 �7 ,pl Consulting Engineers, Inc. for the design and construction supervision of the I renovation of Wilson and Walker Park tennis and basketball courts. 4. TCA CABLE: A resolution approving an extension with TCA Cable Partners to temporarily operate the cable communications system until April 30, 2001 . 5, OLD MISSOURI ROAD: A resolution approving an engineering services contract in the not-to-exceed amount of $256,420 with Garver Engineers for the design and construction administration for improvements to Old Missouri Road from intersection with Rolling Hills north to the Mud Creek Bridge. 6. ADDITIONAL PERSONNEL: A resolution authorizing additional personnel for the Engineering Division and the City Clerk/Treasurer Division. 7, BLOCK GRANT: A resolution approving a budget adjustment to accept the 2000 Local Law Enforcement Block Grant. 113WESTMOUNTAIN 72701 501521-7700 FAX 501575-8257 t 8. AD 0047: A resolution amending the City's Master Street Plan by removing the current line on the map that indicates the Eastern Bypass and show a corridor that Q� is the same as the Northwest Arkansas Regional Planning Commission's 2025 Transportation Plan and the Northwest Arkansas Regional Transportation's Major Investment Study. B. OLD BUSINESS C. NEW SINESS �0� 1 . ��ARKS AND RECREATION BOARD: An ordinance approving an amendment to the Code of Fayetteville Section 33 .018 requiring the Parks and Recreation Advisory Board to be composed of eight members appointed by the Council. �2AD V Q� 2. / 1 CROLLEY BUS: An ordinance waiving the requirements of formal competitive �ej V bidding and approving the purchase of used diesel powered passenger vehicles to e utilized by the Fayetteville Trolley Program. "l9 3. / Z 98-22 : An ordinance approving an amendment to the Bill of Assurance to provide for use of a metal fence on that property described in RZ 98-22, approved j q7�1j in Ordinance #4175 and amended in Ordinance #4184, submitted by Richard Osborne on behalf of Littlefield Investment Company. 4.✓/ VA 01-1 : An ordinance approving vacation request VA 01 - 1 , submitted by Steve Winkler for property located east of 607 Peach. The property is zoned R-1 , Low Density Residential and contains approximately 0.08 acres. The request is to fV ill vacate the street right-of-way (Haddon Avenue). 5. ✓� 00-45: An ordinance approving Administrative Request, AD 00-45, as t� submitted by Laura Kelly on behalf of the Fayetteville Sidewalk and Trail Committee for Bike Parking Ordinance. 6. / AD 00-49 : A resolution approving an amendment to the City's Master Street Plan by eliminating the requirement for dedication of right-of-way for designated y� AL freeways/expressways. 7. , SANITARY SEWER REHAB: A resolution approving a construction contract VVwith T-G Excavating Contractors, Inc. for sanitary sewer rehabilitation, Illinois �a� Basin 6, 9, 12, and 16, in the amount of $ 1 , 100,000 and approve a 5fliol % contingency of $55,000. J . 1 / 8.V/ SANITARY SEWER EVALUATION STUDY: A resolution approving an engineering contract with RJN Group, Inc. for a sanitary sewer evaluation study for Illinois River Basin 1 -5, 18, 19 and White River minisystem 27 (Industrial Park), in the amount of $471 ,231 , and approval of a 5% contingency in the 1/ amount of $23,562. C 9. ✓ MOSS AND BARNETT: A resolution authorizing the extension of the r. o engagement agreement with Moss and Barnett to allow for further negotiation of a � /� 0\ franchise agreement until said task is complete and approving an amount not to eC xceed $20,000 to cover expenses for legal services and travel expenses. 10. IVIL SERVICE : An ordinance granting authority to the Fayetteville Civil Service Commission to appoint and remove the Police Chief and Fire Chief; and for other purposes. C� hlvJfc C t0<11S t y �ti. . r7 11 . CITY BOARDS AND COMMISSIONS: A resolution establishing criteria, rules *0 and regulations for appointment to the city boards and commissions. Z 12, JERRY ROSE : Farewell address. � • � � � `ISI `i I�� `� � � Now k6 7 -�-- _,�• . . L I I I e ' er D - L 4- "" `4 T I dl o T 1 • c ; T'r - 1 .z '°"'r r � 'r4 , nidi�r�5� •"�•.j,p�Qu' f ,4 ,�y .Y�� .'��`.� •jo ,.`e-^�' �r��'v�'� r `�, . 1+�•i,..��C�-'��. r-�~-�'- c''�j�x-�-�����'w6`.t�&fi�.:..--�.s.. r.,:.��r�.:s��.. .:..'-5: Ar , N � � N � \ _ S e�� ;r , , - ;. ,. y y did •r i .dido tf i ' • rr�s � /rr wardi lid piddi 4 i v 1_, lid f •- to t., ( I dd- id it r� ,) ' + . T' f . milt I'do, do < -`) ``tit r t { , � t t 1 r tp MV, i :a 1 q h• t le �tA ry6 F t tYI'YY SJ l ' i Gs " Y y - 4kk t -t•�4 tai w ,•1 4 t r ,., k IA ,,•?� z �� � id �' �f, -•, � SIC ;.• , � '�. . t 3 \ t 1 \ February 13, 2001 AGENDA SESSION CITY COUNCIL FEBRUARY 20, 20001 New Items 1 , Civil Service Commission : An ordinance granting authority to the Fayetteville Civil Service Commission to appoint and remove the Police Chief and Fire Chief; and for other U / purposes. (j 2. City Boards and Commissions : A resolution establishing criteria, rules and regulations for appointment to the city boards and commissions. Other 1 , Remove Item C.9, Research and Technology Park. Research & Tech • STAFF REVIEW FORM • C. 9. Page 1 X Agenda Request _ Contract Review Grant Review For the Fayetteville City Council meeting of February 20, 2001 FROM: John McGuire Administrative Services Name Division Department ACTION REQUIRED: Refund of purchase price of Lot 1, Research & Technology Park, Fayetteville, AR, of approximately 2.5 acres and reimbursement of other costs expended by original purchaser and cancel option issued to Cache Investments - 530 No. College Ave., Fayetteville, AR 72701, for adjoining property. COST TO CITY: (Commerce Park North) $ 134,256.63 $ N/A Land-Research & Technoloev Park Cost of this Request Category/Project Budget Category/Project Name $ N/A Account Number Funds Used to Date Program Name $ N/A Project Number Remaining Balance Fund BUDGET REVIEW: _Budgeted Item -2L-Budget Adjustment Attached Budget Manager Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Accounting Manager Date ADA Coordinator Date City Attorney Date Internal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION: Approval of the Resolution and Budget Adjustment Division Head Date Cross Reference Department Director Date New Item: Yes No Administrative Services Director Date Prev Ord/Res #: Mayor Date Orig Contract Date: Research & Tech • • C. 9, Page 3 Page 2 STAFF REVIEW FORM Description Meeting Date Comments: Reference Comments: Budget Coordinator Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor I T p / , Research & Tech C V \ � I \V>54 � lN� , C. 9. Page 5 DATE PAYEE N Clje� r' CK # PURPOSE ' AMOUNT f gyt° � � 1 �� � 3/23/99 Arkansas Capital Corporation 6286 Good Faith $ $29500.00 9/7/99 Robert Sharp, Architect 6817 Architect fees $637.43 11 /18/99 Nickel Hill Group 2055 Earnest $ for land $500.00 11 /22/99 Carter & Hodges 2070 Engineering fees $1 ,500.00 1999 Other (in GL-looking for documentation) $19946.23 1 /14/00 City of Fayetteville 2238 Grading Permit $200.00 1 /14/01 City of Fayetteville 2239 $800.00 1 /14/01 City of Fayetteville 2240 Tree Preservation $120.00 2/15/01 Carter & Hodges 2317 Engineering fees $2,815.32 2/24/00 Carter & Hodges 2334 Engineering fees $2,815.32 3/2/00 Carter & Hodges 1272 $111 .96 3/8/00 Robert Sharp, Architect Architect fees $196.46 4/5/00 Robert Sharp, Architect Architect fees $23954.25 4/12/00 Associated Appraisers, Inc Appraisal $19250.00 3/31 /00 Robert Sharp, Architect 2412 Architect fees $49855.32 4/20/00 Bank of Fayetteville transfer Interest Payment $677.44 5/12/00 Bank of Fayetteville transfer Interest Payment $660.92 6/12/00 Robert Sharp, Architect 1001 Architect fees $39000.00 6/12/00 Bank of Fayetteville transfer Interest Payment $695.07 7/12/00 Bank of Fayetteville transfer Interest Payment $677.44 7/20/00 Robert Sharp, Architect 1003 Engineering fees $3,000.00 8/9/00 Carter & Hodges 1004 Engineering fees $19000.00 9/7/00 Robert Sharp, Architect 1005 Architect fees $2,000.00 9/28/00 Bank of Fayetteville 1006 Interest Payment $1 ,603.28 10/20/00 Bank of Fayetteville transfer Interest Payment $678.45 10/11 /00 Robert Sharp, Architect 1007 Architect fees $29000.00 10/20/00 Carter & Hodges 1008 Engineering fees $450.00 10/25/00 Arkansas Dept of Health 1009 Permit $191 .30 11 /17/00 Robert Sharp, Architect 1010 Architect fees $2,000.00 11 /22/00 Bank of Fayetteville transfer Interest Payment $700.02 11 /22/00 Carter & Hodges 1011 Engineering fees $750.00 12/20/00 Bank of Fayetteville transfer Interest Payment $677.45 1 /24/01 Robert Sharp, Architect 1012 Architect fees $1 ,000.00 1 /31 /01 Bank of Fayetteville 1013 Interest Payment and processing fee $898.51 Land Loan to Bank $80,412.00 Additional Account Balance to Rob Sharp, Architect $29982.46 Marinoni Construction $59000.00 TOTAL $134,256.63 • • Research & Tech C. 9. Page 7 STAFF REVIEW FORM Agenda Request FOR THE FAYETTEVILLE CITY COUNCIL MEETING OF December 7, 1999 FROM: Aleft Little Economic Development Department ACTION REQUESTED: Approval of a real estate contract to sell Lot 1, Arkansas Research and Technology Park, consisting of 2.5 acres, to Cache Investments and/or Assigns (Interface Computer Center, L.L.C.} Grant of a first right of refusal on Lot 2, Arkansas Research and Technology Park. COST TO CITY: Revenues of $93,750.00, less credits and sales fees. $0 Cost of this request Category/Project Budget Category/Project Name Account Number Funds Used to Date Program Name Project Number Remaining Balance Fund BUDGET REVIEW: Budgeted Item Budget Adjustment Attached • Budget Coordinate Administrative Services Director CONTRACT /GRANT/LEASE/REVIEW: GRANTING AGENCY: Accounting Manager Date ADA Coordinator Date City Attorney Date Internal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION: Staff recommends approval of the real estate contract grant of first right of refusal. J � A n Cross Reference: . . New Item: �Yn; No Economic Development Director Date Previous Ord/Res#: Administrative Services Director Date • Orig Contract Date: Mayor Date Research & Tech C. 9. Page 8 FAYETTEVILLE THE CITY OF FAYETrEVILLE, ARKANSAS 4500 S. school Ave., Site A Fayetteville, AR 72701 Telephone: 501-5754305 Fax: 501-575-8304 ECONOMIC DEVELOPMENT DEPARTMENT TO: Fayetteville City Council FROM: Alett Little, Economic Development Director DATE: November 23, 1999 SUBJECT: Real Estate Contract to Purchase Lot 1 of AR Research and Technology Park Interface Computer Center, L. L. C., under the name of Cache Investments and/or Assigns, has offered to buy Lot 1 of the AR Research and Technology Park. Lot 1 consists of 2.5 acres and has . frontage both to Shiloh Drive and to Technology Boulevard. The purchase price is $93 ,750.00 which is $37,500.00 per acre. Purchasers have requested a first right of refusal on Lot 2. Stats Recommendation: Staff recommends approval of the real estate sales contract for Lot 1 and the first right of refusal for Lot 2. Background: Interface Computers is the first company which expressed an interest in locating in the Arkansas Research and Technology Park. Their company, headed by Jeren rWebb, Matt Romine, and Scott Mills, began in Fayetteville in 1994. From their start-up of three employees, the company has grown to 17 employees. The SBA chose this local company to receive the 1999 Young Entrepreneur of the Year Award for the State of Arkansas and for a five-state region. The company has exceeded its projections for numbers of employees in 1999 and estimates $l�that over er the next two years, they will grow to over 20 employees with an annual payroll and revenues of $34 million The City has worked with Interface Computers to find a site which will be suitable for the growth and expansion of their business. Due to the presence of wetlands on a portion of the project, engineers have redesigned the Park from earlier versions and created a lot which is acceptable to Interface Computers. As Interface has already selected one lot and additional site preparation will be required for Lot 1 , a credit of$13,000 has been offered to offset the additional site preparation costs. The preliminary plat for the subdivision is currently under review by the Planning Commission and public hearings are scheduled for December 2, 1999 at 8:30. am. in Room 111 of • City Hall and December 13, 1999 at 5:30 pm in Room 219 of City Hall. Research & Tech C. 9. Page 9 its. _ _ —car: ._. ._ •_ ' _ ___ ire i , s `f L/ 04 s LJ Research & Tech • C. 9. Page 10 PROJFGT LOCATION L u4 A 11 a A IN N A r V C IGS ITTm Pomm --� - W5 • • it i t � A • • 1 1 1 lKel Z�61 I j infir , 1 illl V Lnl - IJ 11 . ...1 � - 1. 1 " 1 • Il • - 1 - 1 .I • =•. ! 1111 � 1 1 • q - 1 . 11 .' • 11 11 . 1 I • \ . 11 � - 1 • ' 1 • I ' l I 1 - 1 1 1 . 1 1 ' Ir. I : 1 . Ii1 : 1 1 • Ic • I 1 .. . I 1 � 1 !' \ Ii1 11 ' 1 !• L LY 1 ' 111 r � P 1 .1 1 :1 � 1 II6+1'.4' . i U.I 1! • 1 1 5 1 If l-i •• !1 ' • 1 1 11 1 . - 1 . ! Ilr. 1 1 . .1 :,r,l>c 11 .:G . -. 1! • " 1.• in • 1 � 1 + . L. .y11::1 •1 i !LV • 11 i11 1 11 t ' • 1 .. . 1 T,o J., lipl. 11 Ij,AA A .. 1 .,. . . .. .. . . . . . .. . . .. . . . 1 EL is It" Lrr .10 IN "I' lli oil III I • 11 11 L. Research & Tech C. 9. Page 12 �a cWWgta Real Estate Contract __ gg (Commercial) NICK 4iILL GROUP, INC. ®• R ALTO Ser Page 1 of 5 Association Form Serial Number: 32ADM-10WOJJ4DDgt 1. PARTIES: Cache Investments and/or Assigns (mdnidualy, or cdbciey, the "Dryer)of ers b purchase, wbjaWb to brow end conditions set booth heron tom C� of Favettrwilb (n kid,,* a oobciwty, to 'Saler). to pmpaty described in Paragraph 2 of tis Red Estate Contac! (0111 'Rupert✓). 2. LEGAL DESCRIPTION DDRESS: Lot 1 Research and TechnolocrY EghjUyettevllle. AR. being more particularly described as:Northwest Comer of Section 33. Tit rnship 17 North Range 30 Wes ce S 02 28'10" W 1816.05 feet hence S 02 28111 W 2480,65 feet, thence S 87 18'01' E 195 09 feet to the we ht of Way of 1-540 thence follovd said Right of Way N 24 22'18" E 353.24 feet to the Irue Point of B inni The 55 3726' E 288.64 feat to the West Right of Way of 1-540 Thence following said Riaht of Wav S 3422'128" W feet to the point of Beginning 3. PURCHASE PRICE: Buyer shall pay the following to the Seller for the ProperiY (go 'Purchase Rice') $ 93 750.00 payable as follows: Cash at Closing 4. CONVEYANCE: union otherwise cpecila4 conveyance of the Property shoo be made to Buyer by general warranty deed, in be simple a6soMde, except t Nal be wbjW in recaded iwuments and esanadc k any, which do not molonsly afted to value Of tw Property- lMes expressly MW Wd lose , agCH CONVEYANCE Shell NCLILA E ALL MaERAL RNWM g BY SELLER CONCEReeva AND LOCATED CIl TLE PROPERTY,F ANY. 5. TITLE INSURANCE: Wthb 90 days at scoopbnce, Sella shat furnish to Bryer a commitment ler an American Land Tib Association (ALTA) owners tib Insurance Past' b tiro emoml of the pachese price issued by a company of SeWs choke eutharised in insure We to real property in the Stab of Arkmss and which company Is nasmaby acceptable b Buys. Where the tib com mt men/ shws Wesal axospkns b tib oto than toga standard exceptions corner" in to ALTA cenwnnior WA tam. and where _ non speed exceptions retain In restrictions. Well debcts a uta mdbrs which wouid 'nbrfae with flyers use a adversely died M vat+ Of the premhes, ten wiW 20 drys of Mmy of to We commitment. &rya shall deliver widen notice bared to Saar. Such Duke shd state specfrcally gorse smp5a w b which Byer objech. Al objecemc not specticaty awn erabd within arch a kmoly daNeed notice " be downed In be walwd by Byer. W IM 20 days of Buyers dellmy of notice at objections In Seller. Seller may sue such objections or have the exceptions wined or removed by ' the aft company kaung to commitment N. Within such 20 dry period. Seller talc b ase ends have waked mch objections and exceptions, a within thd period, Sella debars Wstbn noiw b Buyer tot k war cot so sae, tan wIDm 20 days tom dMwry d iron nog°e tan SMar a llo end of to period Wbi WhEll Siler rag/cse (•bibahse Is appicdde).Boyer shall have to Wtion b: diel M rebaned b a Tennnate tie egrea oro by defwrbg w/dlim noir thereof b b w Seta. ish event d ams paidor deposled fy Bear Byer,a b. Agee to pwMesa the Rap" as scheduled w*d to such objections and exceptions with no reduclon in to purchsa price: Of c. Agee b extend Io closing deb for 30 days In give Sella additional time to aso such opus' waived end the transaction Mal irmination a lead n extension d the dosing deb within that period, the objectionsshall be doomed In be dose s =he&" Seller shall kordeh M cormnilbd weds We Yana do poky s soon as feaetieabla slow dosing, and shell pay all expenses Meted b M aWners tib iha a ce poky. 6. EARNEST MONEY: Buyer herewith lenders a check for S 50000 to be deposited upon s cepbnce as earned money (the 'Eemed Moneys which shell appy bored the Pwmhose RiceZ�Zo. Eared money and be heM h esawW M Nickle-Hill Group Inc r11qutements ere mol bitted a Mt os carhingands proddng for sn Earnest Macy roWd ser rad ae6dod, Ie •eros money shN etended b Bryn. t Baer hb b tdW . the ablgalps under tis Red Edda Canhata t, enter d conrWms have been mel Wryer tab b dove tis Yancecion, to soonest money may, d Io sole and excaleha Winn d to Seta, be rebsrd by to Seim s liquidated damages Allernebdy. Saw may retro M Earned Monty arnd as at legal a oWbbb rights which nay and s e nae d Brya breeching thin Red Ectesa Contact Buyer warrents. mprsehts and asaowsedeaf thd t e dodo bMered will be horsed upon pnsentetim b Byars talk, and that Byer shoo be h default d this Red Edete Curatao I /111 Mack b not honored in a Irnsy money. Byer and Seller agree that In In ewmt darty dispute concerning enWemenl b Im Earned Marey, Listing Agent Fico may Nlerpleed Io Ew ed Money into a mat of competent Wgdcbon, and upon arrM kdenpleader, both Lkip Agent Firm and 8e8np Agent Firm Mee be rebased tan lability b Bayer and Sage. Using Agent Fm Mag be reimbursed any agarneys bs a softs tom the hlerpbad Earned Mom. • • Research & Tech C. 9. Page 13 t • Real Estate Contract ® ^ Commercial — M99. NICKL.Eai1LL GROUP, INC. ssuyOn• REALTORS6 Pape 2 015 Association Fate Serial Number: 22ADY-1 OW OdlODD01 7. SURVEY: (Qhech mo) ❑ A. No survey shell be podded. OB. A cement survey, oatiked subsequent to weeptenc t by a registered land surveyor,w11 be pwided to Buyer by Seger within60 days alar aocepsnce and paid for by❑ Buyer ® Saber. (See Paragraph 16 for my specific sunm raquiremens.) o C, oMr. _ B. PRORATIONS: Taxes and special asasaans duo on or before doing shd be paid by Seger. Any deposits on rental property ma b be tansfwaed b Buyer at dosing, smamroe, general toes and speed eccewrons, rental payments and inbred on any assumed ben alai be pmasd ss d dosk4 Were otherwise speoSed herein. 9. FIXTURES AND ATTACHED EQUIPMENT: lldessspedbcery excluded herein, al fixtures and atedod apipment I arty. are Includedin to purchase pins. . 10. CLOSING: Closing shat coon at such Ions as mutually agreed by are parties, provided that gar date Mab be no star tun (alto January (dry) 31 (yam) 2000 unless such nagtirement is waled in writing by both parties and a new dab substituted theretnr. Unless otherwise agreed by Buyer and Salm, tmhsec6n cols wi be paid bytes party indcetedbslar. SUNNI. Buven TA Faerrwewh orseerch less Rera3q bas Pmbm for owners tib bsamwa policy Pemlum for rnortpagos's Iter lnwmha, policy . Preparation dmnwymue documents Prepando t of ben dhmnens • On oJhdt d swaps bass One-hat of asaow bas One-hat d dxanentarystamps On"aff of documentary slmnpa Other charges ss cusbmert/paid by Sdw Other charges mussonarty paid by buyer IRS Notta50n barn 11. POSSESSION: Possession of to Property,shol be debarad to Buyer.(Chock are) ® A Upon to dosing deb ❑ B. Other, ss b5owc 12. SELLER PROPERTY DISCLOSURE: (Chock oro) ® A Nd Mpieehle ❑ B. Buyer and Sella adur wledge that upon the andhassbon of Sala, either to Selshg Agent Firm or the WSrg Agent Firm hew delvmed b Buyer, prior to to exeabw of Ns Real Estate Contest a wdten disclosure prepared by Seller ronownn0 the andicn of Ne Ppperly, but the fed nobler rots nor resbkAa the Buyer's Disclairnm of Rebeoce set forth in Paragraph 15 of ths Real Esaele Contact The within dsdomre papered by Saler Is dated (month) (drA � (year) and is wmranbd by Salm to be to sled disclosure and to answers oWained in the dadonre are tue, correct and onmpbb b I o bad of the Sellers bhadadge. 0 C.Sdor wit pmide to Buyer a voldw disclosure ebodtw condticn at tlw property whFL a =loan irdormolo bel she and F redb to bed of t e Sellers bu•ledge. The dsdowse Mol be presented to Buyer W" _ days also M mptar" at tis Red Edda Cortes{ If Soler left to Amide the disdwee as sperIIod above. Buyer may dedwo N's Red Estate Canted tot and void.with Buyer to receive a refund of the awed ahoney. t Buyer finds to dsdomra nacaptdbb wthb tate (0) business days filer recalpt of dsdosu s, his Red Estes Contid may be declared nub and void by the Buyer. with Buyer to reo" a refund of to owned maoy. Reoaipt of the disclosure nether breis nor ressss in any way the Buyers Disdesor of Reliance eel lath in Paragraph 15 of thio Red Estate Cooked. 13. ENVIRONMENTAL REPRESENTATION: Sellar hereby repesnts b Buyer thd to to bed of Save tphoabdge (unless otherwise dsclosed herein} n tlw Rosy's not to adool d my jhddd a waninstaive nobs or when reining b "astwdous orarNinir nadd contsdneton: b. Satan has naiad no notice o1 any dein or violation of my law a ngutatin having to do with environmental ptotsclon; o. No hazardous a toxic substances have been stored, p ocessed, or dsposed of on the popery during the parted tot Sew has owned he • d. No underground abrepe ants ars baled on the popery. . 14. TERMITE CONTROL REQUIREMENTS: (Oadcene) ® A. Wo 00. Saw andpwA& pnlorbdDwnLaISOWSO ens , agarenlbnmle oontdpobyl ' by &-anaedgrelor,atdedmy b Bryn.