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HomeMy WebLinkAbout184-05 RESOLUTION• • RESOLUTION NO. 184-05 A RESOLUTION APPROVING AN OFFER AND ACCEPTANCE CONTRACT BETWEEN THE CITY OF FAYETTEVILLE AND CORNERSTONE HOME SERVICES, LLC FOR THE SALE OF PARCEL 30E IN THE FAYETTEVILLE INDUSTRIAL PARK FOR $28,000.00; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS* Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves an Offer and Acceptance contract between the City of Fayetteville and Cornerstone Home Services, LLC for the sale of parcel 30E in the Fayetteville Industrial Park for $28,000.00. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor and City Clerk to execute said agr ement with Cornerstone Home Services, LLC. PASSED and APPROVED this 20th day of September, 2005. �� ••CST Y O,c •. f • \ ;�j• •�: • ;FAYETTEVILLE; ATTEST: SONDRA SMITH, City Clerk APPROVED: • • • OFFER AND ACCEPTANCE CONTRACT Cornerstone Home Services. LLC offers to buy, subject to the terms and conditions set forth herein, the following described property: SEE ATTACHED EXHIBIT "A" FOR PROPERTY DESCRIPTION Purchase Price: Subject to the following conditions Comerstone Home Services. LLC shall pay for the property at closing, the total and cash payment of $ 28,000.00: Contingent Eamest Money Deposit: Comerstone Home Services. LLC herewith tenders a check for $1,000.00 to the City of Fayetteville, as eamest money, which shall apply on the purchase price. This offer of purchase is contingent upon approval of the City Council of the City of Fayetteville, Arkansas, and, if they do not so approve, the eamest money deposit will be retumed to Comerstone Home Services. LLC by the City of Fayetteville. If title requirements are not fulfilled or the City of Fayetteville fails to fulfill any obligations under this contract, the eamest money shall be promptly refunded to Cornerstone Home Services. LLC . If Comerstone borne Services LLC fails to fulfill their obligations under this contract or, after all conditions have been met, Comerstone Home Services LLC fails to close this transaction, the eamest money may, at the option of the City of Fayetteville, become liquidated damages to the City of Fayetteville. Conveyance will be made to Comerstone Home Services, LLC by general Warranty Deed, except it shall be subject to recorded instruments and easements, if any, which do not materially affect the value of the property. Such conveyance shall include mineral rights owned by the City of Fayetteville. The City of Fayetteville shall furnish a policy of title insurance in the amount of the purchase price from a title insurance company as selected by the City of Fayetteville. Comerstone Home Services. LLC and the City of Fayetteville shall share equally in the cost of the title insurance. The City of Fayetteville agrees to allow Cornerstone Horne Services. LLC if Comerstone Horne Services. LLC _ so desires at Comerstone Home Services, LLC 's expense, to survey the property. The City of Fayetteville agrees to cure any title problems which may result from any differences between the recorded legal descriptions of the property and the survey description. Said title problems, if any, must be solved prior to closing to the satisfaction of the City of Fayetteville. Taxes and special assessments due on or before closing shall be paid by the City of Fayetteville. Insurance, general taxes, ad valorem taxes, special assessments and rental payments shall be prorated as of closing. 8. The closing date shall be within ninety (9 ) days after approval of this offer by the City Council If such date of closing falls on a weekend or holiday, it will be held the following working day. 9. Possession of the property shall be delivered to Comerstone Home Services, LLC on the date of closing. 10. The City of Fayetteville hereby grant(s) permission for Comerstone Home Services, LLC or his designates to enter the above described property and improvements for the purpose of inspection and/or surveying. 11. All fixtures, improvements and attached equipment are included in the purchase price. 12. Risk of loss or damage to the property by fire or other casualty occuning up to the time of dosing is assumed by the City of Fayetteville. 13. The City of Fayetteville shall disclose to Comerstone Home Services. LLC any and all environmental hazards of which the City of Fayetteville has actual knowledge. Upon acceptance of all conditions and terms of this Offer and Acceptance, Comerstone Home Services, LLC and the City of Fayetteville shall share equally the costs of any and all testing for the existence of environmental hazards Should the existence of environmental hazards be known or determined, the City of Fayetteville shall cure such, at their expense; or, in the alternative at Comerstone Home Services, LLC's discretion Cornerstone Home Services. LLC may cure such environmental hazard, and the City of Fayetteville shall indemnify Comerstone Home Services. LLC for all costs associated with said cure. OFFER AND ACCEPTANCE CONTRACT Page 2 of 4 14. This agreement shall be governed by the laws of the State of Arkansas 15. This agreement, when executed by both Cornerstone Home Services, LLC and the City of Fayetteville shall contain the entire understanding and agreement of the parties with respect to the matters referred to herein and shall supersede all price or contemporaneous agreements, representations and understanding with respect to such matters, and no oral representations or statements shall be considered a part hereof. 16. This contract expires if not accepted by the City of Fayetteville on or before the 2nd day of November 2005. 17. The City of Fayetteville shall submit this fully executed Offer and Acceptance Contract to the City Council for their approval within Thirty (30 ) days of acceptance by the City of Fayetteville. 18. It is expressly understood by the parties that the price established by the City Council is a reduced price to create valuable manufacturing jobs in the Fayetteville Industrial Park and that the sale of the property may not be for speculation or resale. Should Cornerstone Home Services, LLC wish to sell the property before the project proposed to the City of Fayetteville is constructed, the City of Fayetteville shall have the right to purchase the property at the same price less all of its costs including any infrastructure built by the City to accommodate the project for which it was sold to Cornerstone Home Services. LLC. 19. This Offer and Acceptance Contract is contingent upon approval of the project by the City Planning Department and upon Comerstone Home Services being able to obtain financing for the project. 20. NOTICE: THE Cornerstone Home Services, LLC AND THE CITY OF FAYETTEVILLE ASSERTS HEREBY ACKNOWLEDGES THAT THIS OFFER IS EXPRESSLY CONTINGENT UPON THE APPROVAL OF THIS OFFER OF PURCHASE BY THE CITY COUNCIL OF FAYETTEVILLE AND THAT THE FAILURE OF THE COUNCIL TO SO APPROVE WILL MAKE ALL PORTIONS OF THIS OFFER NULL AND VOID, INCLUDING, BUT NOT LIMITED TO, THE RETURN TO THE Cornerstone Home Services, LLC OF THE $ 1,000.00 EARNEST MONEY DEPOSIT. AGENT OR WITNESS: City of Fayetteville, Arkansas A municipal . poration Dan Goody, Mayor Sondra Smith, City Clerk ctz.YJTRr,,,�tttt e9 • `- ;FAYETTEVILLE• s _. :vd,.99.kANSVJ�,y,GTONco, tt T. Date: 9/A -- Date: Date: 9 -( - v s Date: Date: f /A o/&5 9101 7 A15 • • OFFER AND ACCEPTANCE CONTRACT Page 3 of 4 EXHIBIT "A" PROPERTY DESCRIPTION That property described as Lot 30E containing 1.4 acres plus or minus of the Fayetteville Industrial Park located in 23-16-30 Washington County, Arkansas located on the Cul -de -Sac of S. Leeper Drive north of East Pump Station Road. SIGNED FOR IDENTIFICATION: Dan Coody, Mayor Sondra Smith, City Clerk G�ERK/TR�' `� •4, Y p SGP U • 73 :FAYETTEVILLE: 'V TON GQ Date: Date: Date: PP a7/05 Date: 9 /a7 /os • • OFFER AND ACCEPTANCE CONTRACT Page4of4 STATE OF ARKANSAS COUNTY OF WASHINGTON ACKNOWLEDGMENT ss. `N0V5 • • - or • i •` � • •• iii ., errs r.• I. •n -- .o 01'N.N fUo.-,. S �VO.'• y.0r eXPAt-,-Cpyo I� y/iio;%%%f` BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting No a Public within and for said County and State, personally appeared of 1 (to me well known as the perso (s) who exec ted the foregoingµdocument, and who stated and - ed that he/she/they is/are �t 1-c � 4O . tt of and (s/are y authorized to execute tie foregoih� i2nstrument for and in the name and behalf of said (v, 044 and further stated and acknowledged that he/she/they had so si ed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 3 e - MY COMMISSION EXPIRES: 4,,e Hee 21 2.6 ACKNOWLEDGMENT STATE OF ARKANSAS SS. COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Dan Coody and Sondra Smith, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the Mayor and City Clerk of the City of Fayetteville, Arkansas, a municipal corporation, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said municipal corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this 02 7 #-Asday of c` P" `"" 2005. MY COMMISSION EXPIRES: 64 �oto • • OFFER AND ACCEPTANCE CONTRACT Cornerstone Home Services, LLC offers to buy, subject to the terms and conditions set forth herein, the following described property: SEE ATTACHED EXHIBIT "A" FOR PROPERTY DESCRIPTION Purchase Price: Subject to the following conditions Cornerstone Home Services. LLC shall pay for the property at closing, the total and cash payment of f 28,000.00 Contingent Earnest Money Deposit: Cornerstone Home Services LLC herewith tenders a check for $1,000.00 to the City of Fayetteville, as eamest money which shall apply on the purchase price. This offer of purchase is contingent upon approval of the City Council of the City of Fayetteville, Arkansas, and, if they do not so approve, the earnest money deposit will be retumed to Comerstone Home Services. LLC by the City of Fayetteville. If title requirements are not fulfilled or the City of Fayetteville fails to fulfill any obligations under this contract, the eamest money shall be promptly refunded to Cornerstone Home Services. LLC . If Comerstonq Home Services. LLC fails to fulfill their obligations under this contract or, after all conditions have been mel, Cornerstone Home Services LLC fails to close this transaction, the earnest money may, at the option of the City of Fayetteville, become liquidated damages to the City of Fayetteville. Conveyance will be made to _Cornerstone Home Services. LLC by general Warranty Deed, except it shall be subject to recorded instruments and easements, 0 any, which do not materially affect the value of the properly. Such conveyance shall include mineral rights owned by the City of Fayetteville. The City of Fayetteville shall fumish a policy of title insurance in the amount of the purchase price from a title insurance company as selected by the City of Fayetteville. Comerstone Home Services. LLC and the City of Fayetteville shall share equally in the cost of the title insurance. The City of Fayetteville agrees to allow Comerstone Horne Services. LLC if Comerstone Home Services. LLC _ so desires at Comerstone Home Services. LLC 's expense, to survey the property. The City of Fayetteville agrees to cure any title problems which may result from any differences between the recorded legal descriptions of the property and the survey description. Said title problems, if any. must be solved prior to closing to the satisfaction of the City of Fayetteville. 7. Taxes and special assessments due on or before closing shall be paid by the City of Fayetteville. Insurance, general taxes, ad valorem taxes, special assessments and rental payments shall be prorated as of closing. 8. The closing date shall be within ninety (90 ) days after approval of this offer by the City Council. If such date of closing falls on a weekend or holiday, it will be held the following working day. 9. Possession of the property shall be delivered to Comerstone Home Services, LLC on the date of closing. 10. The City of Fayetteville hereby grant(s) permission for Comerstone Home Services. LLC or his designates to enter the above described property and improvements for the purpose of inspection and/or surveying. 11. All fixtures, improvements and attached equipment are included in the purchase price. 12. Risk of loss or damage to the property by fire or other casualty occurring up to the time of closing is assumed by the City of Fayetteville. 13. The City of Fayetteville shall disclose to Comerstone Horne Services. LLC any and all environmental hazards of which the City of Fayetteville has actual knowledge. Upon acceptance of all conditions and terms of this Offer and Acceptance Comerstone Home Services. LLC and the City of Fayetteville shall share equally the costs of any and all testing for the existence of environmental hazards Should the existence of environmental hazards be known or determined, the City of Fayetteville shall cure such, at their expense; or, in the alternative at Comerstone Home Services. LLC's discretion Comerstone Home Services. LLC may cure such environmental hazard, and the City of Fayetteville shall indemnify Comerstone Home Services. LLC for all costs associated with said cure. • • OFFER AND ACCEPTANCE CONTRACT Page 2 of 4 14. This agreement shall be governed by the laws of the State of Arkansas. 15. This agreement, when executed by both Cornerstone Home Services. LLC and the City of Fayetteville shall contain the entire understanding and agreement of the parties with respect to the matters referred to herein and shall supersede all price or contemporaneous agreements, representations and understanding with respect to such matters, and no oral representations or statements shall be considered a part hereof. 16. This contract expires, if not accepted by the City of Fayetteville on or before the 2nd day of November 2005. 17. The City of Fayetteville shall submit this fully executed Offer and Acceptance Contract to the City Council for their approval within Thirty (30 ) days of acceptance by the City of Fayetteville. 18. It is expressly understood by the parties that the price established by the City Council is a reduced price to create valuable manufacturing jobs in the Fayetteville Industrial Park and that the sale of the property may not be for speculation or resale. Should Cornerstone Home Services. LLC wish to sell the property before the project proposed to the City of Fayetteville is constructed, the City of Fayetteville shall have the right to purchase the property at the same price less all of its costs including any infrastructure built by the City to accommodate the project for which it was sold to Cornerstone Home Services. LLC. 19. This Offer and Acceptance Contract is contingent upon approval of the project by the City Planning Department and upon Cornerstone Home Services being able to obtain financing for the project. 20. NOTICE: THE Cornerstone Home Services, LLC AND THE CITY OF FAYETTEVILLE ASSERTS HEREBY ACKNOWLEDGES THAT THIS OFFER IS EXPRESSLY CONTINGENT UPON THE APPROVAL OF THIS OFFER OF PURCHASE BY THE CITY COUNCIL OF FAYETTEVILLE AND THAT THE FAILURE OF THE COUNCIL TO SO APPROVE WILL MAKE ALL PORTIONS OF THIS OFFER NULL AND VOID, INCLUDING, BUT NOT LIMITED TO, THE RETURN TO THE Cornerstone Home Services, LLC OF THE $ 1,000.00 EARNEST MONEY DEPOSIT. AGENT OR WITNESS: r t(eta City of Fayetteville, Arkansas, A municipal poration Dan Coody, Mayor Sondra Smith, City Clerk Date: 9//a Date: Date: 9v -0:5- Date: 0:5 Date: 9 a o�OS �.:c •1 Y • OP' •,• h • •• t"t:.: Date: 1d % 0 ••�: 5 ; FAYETTEVILLE ; G• 'cr •9QKANSPCD: J?�: 1!,;77.1. ,;!'GTDN ��,`, OFFER AND ACCEPTANCE CONTRACT Page 3 of 4 EXHIBIT "A" PROPERTY DESCRIPTION That property described as Lot 30E containing 1.4 acres plus or minus of the Fayetteville Industrial Park located in 23-16-30 Washington County, Arkansas located on the Cul -de -Sac of S. Leeper Drive north of East Pump Station Road. SIGNED FOR IDENTIFICATION: Dan Coody, Mayor /.1 �f» Sondra Smith, City Clerk Date: 9A/Cd-- %%d-- Date- Date: Date: Date: 9/17/05 Date:9 pi 705 • • OFFER AND ACCEPTANCE CONTRACT Page 4 of 4 STATE OF ARKANSAS COUNTY OF WASHINGTON ACKNOWLEDGMENT SS • .e t„ 00 • •n dmI •o BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting NotSarryy ___Public within and for said County and State, personally appeared cfk 170 , to me well known as the person(s) who exepyted the foregoing document, and who stated and acknsyvlqq9ed that he/she/they is/arej. 11-c•- TD 2"t of and is/are qty authorized to execute t)I'>-e foregoihinstrument for and in the name and behalf of said kitrAis and further stated and acknowledged that he/she/they had so si ed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of Gni- Eft —PbRS. MY COMMISSION EXPIRES: ,AVc,Kc Z) 207L Public ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Dan Coady and Sondra Smith, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the Mayor and City Clerk of the City of Fayetteville, Arkansas, a municipal corporation, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said municipal corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned�eand set forth. WITNESS my hand and seal on this o2 7 tsday of c [f "s 2005. MY COMMISSION EXPIRES: Od/ o/o Notary Public q%un4lr 7. %%FF NI; WI 4At* ftir .o •• NOTAgy %See E5• • :3= o. PUB LIG :2$ Ray M. Boudreaux Submitted By • City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 9/20/2005 City Council Meeting Date • Aviation & Economic Dvelopment General Government Division Action Required: Department Action Required: Approve an Offer and Acceptance Contract with Cornerstone Home Services LLC, c/o Halley Hoggatt, 2137 W Ber St., Fayetteville, AR, 72701, phone: 479-443-2828, 479-263-1005 cell, to purchase from the City, Parce99fin a South Industrial Park. Cao E� REVENUE $ 28,000.00 Cost of this request 1010.0001.4881.02 Account Number NA Project Number Budgeted Item Departm•'t Director 20, 298.00 Contrib Program Category / Project Name 50,606.00 General Fund Revenue Funds Used to Date Program / Project Category Name (30,308.00) General Remaining Balance Fund Name Budget Adjustment Attached City Attorney D e Finance -nd Internal Service Director ayor q 2/06 ate Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: omments: 09-31-05P05:27 RCVD • • City Council Meeting of: September 20, 2005 Agenda Item Number: CITY COUNCIL AGENDA MEMO TO: Mayor THRU: Staff/Contract Review Committee FROM: Ray M. Boudreaux, Director, Aviation and Ec om Development DATE: August 29, 2005 SUBJECT: Approve Offer and Acceptance Contract for the purchase of Parcel 30E in the Fayetteville Industrial Park for $28,000.00 by Cornerstone Home Services, LLC RECOMMENDATION: Approve contract for the sale of Parcel 30E in the Fayetteville Industrial Park to Cornerstone Home Services, LLC, Halley Hoggatt, owner operator for a total price of $28,000.00. BACKGROUND: Halley Hoggatt has offered to purchase the tract, Parcel 30E in the Fayetteville Industrial Park for a total price of $28,000.00 cash plus obligations as identified in the 0 & A to share the costs of closing the sale. Mr. Hoggatt, owner and operator of Cornerstone Home Services, LLC, will construct a 4,400 square foot building from which to operate a contracting and remodeling business. Mr. Hoggatt employs 5 individuals and plans to add an additional 5 individuals. He is currently located at 2525 Mount Comfort Rd where the facility is too small for his business. DISCUSSION: The parcel is located at the north end of South Leeper Drive north of East Pump Station Road and is zoned I-1. BUDGET IMPACT: The proceeds will go into the economic development fund. Attachments: Staff Review form Offer and Acceptance Aviation and Economic Development Dcpanmcnt Fayetteville Municipal Airport, Drake Field 4500 South School Avenue, Suite F Fayetteville, Arkansas 72701 Ray M. Boudreaux, Director • • RESOLUTION NO. A RESOLUTION APPROVING AN OFFER AND ACCEPTANCE CONTRACT BETWEEN THE CITY OF FAYETTEVILLE AND CORNERSTONE HOME SERVICES, LLC FOR THE SALE OF PARCEL 30E IN THE FAYETTEVILLE INDUSTRIAL PARK FOR $28,000.00; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves an Offer and Acceptance contract between the City of Fayetteville and Cornerstone Home Services, LLC for the sale of parcel 30E in the Fayetteville Industrial Park for $28,000.00. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor and City Clerk to execute said agreement with Cornerstone Home Services, LLC. elP PASSED and APPROVED this 2001day of September, 2005 APPROVE •• 1.t _I i re) 1 \By 1 DANGIDODY, Mayo --------------- I� I J a_ -r----- - I 1 I I I • X11 \Il / us' J / ;/ , / /P 1 1' r� \ I }/ 1 1 s 2 • I1 ; 1 p1. I jg i 1 On I ; 1 . I 11I 1 1 -;I 1 1 u04 1 1 1 `-------------- r----- --EEC I tala , 1 i ' A uJ i' L-----,=-- In • 1 1 r- 1 � 1 ▪ I—.ar 1 1 1 1 1 -- r------------------- rig 1 ;I Y C21 1 4I 0 ° .1 ,' ��. j. I .CI 1 �� A�� : mage. 1 I -z. r I ,I 1 I 1 �— 1 I II I 1 I 1 I 1 I 1 1 I '11 1 I I I II I 1 1 1 1 1 I 1 I -- ---- z)174 14 I Al it J r y44- LEEPER VI DRIV EPER1# r Clarice Pearman - Res. 184-05,,185-05, - 05 8 187-05_�_ Page 1 From: Clarice Pearman To: Boudreaux, Ray Subject: Res. 184-05, 185-05, 186-05 & 187-05 Ray, Attached are resolutions passed by the City Council, September 20, 2005 regarding Offer and Acceptance Agreements for property in the Industrial Park. Also attached is a copy of said agreement. Thanks. CC: Deaton, Vicki ?i. tat)( f8'1 -IS A. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SETTLEMENT STATEMENT OMB No. 2502-0265 B. TYPE OF LOAN 1. ❑ FHA 2. ❑ FHMA 3. ® CONV UNINS. 4. 0 VA 5. ❑ CONV. BJS. 6. FILE NUMBER: 7. LOAN NUMBER FATIC-16748-05 8. MORTGAGE INS. CASE NO.: C. NOTE: This foes is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent axe shown. Items marked "(p.o.e.)* were paid outside the closing; they me shown here for informational purposes and air not included in the touts. D. NAME & ADDRESS Cornerstone Home Services, LLC OF BORROWER 2137 W. Berry St., Fliyetteville, Alt 72701 E. NAME & ADDRESS City of Fayetteville OF SELLER 113 West Mountain St, Fayetteville, AR 72701 F. NAME & ADDRESS Bank of America OF LENDER. 1 E. Center Street, Fayetteville„ Alt 72701 G. PROPERTY LOCATION 2025 S. Leeper Drive, Fayetteville, AR 72701 H. SETTLEMENT AGENT Bronson Abstract Co., Inc. PLACE OF SETTLEMENT: 3810 Front Street, Suite 5, Fayetteville, AR 72703 (479)442-2700 I. SETTLEMENT DATE: 2/02/2006 DISBURSEMENT DATE: 2/02/2006 J. Sammary of Borrower'. Trassaetlon I K Summary of Safer' Pervious Edition b Obsolete Form No. 1581 3/86 Page 1 of 3 HUD -1 (346) RESP HB 43052 ger a ........ •_..._....,.. 100. Gross Amount Due From Borrower: 400. Gron Amount Due To Seller: 101. Contact sales price 28.000.00 401. Contract ales price 28.000.00 102. Personal property 402. Personal property 103. Settlement charges to borrower. (line 1400) 6.581.25 403. 104. 404. 105. 405. Adjustments For Items Paid By Seller In Advance: Adlustmeub For Items Paid By Seller In Advance: 106. City/town taxes to 406. City/town taxes to 107. County taxes to 407. County taxes to 108. Assessments to 408. Assessments to 109, 409, 110. 410. 111. 411. 112. 412. 113. 413. 114. 414. 115. 415. 116. 416. 120. Gross Amount Due From Borrower: 34,581.25 420. Gross Amount Due To Seller: 28,000.00 200. Amounts Paid By Or In Behalf Of Borrower. 500. Reductions In Amount Dae To Seller: 1 201. Deposit or earnest money 1.000.00! 501. Excess deposit (see instructions) 202. Principal amount of new loan(s) 502. Settlement charges to seller (line 1400) 463.00 203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to 204. Financed Fee Portion Of Loan 4,323.00 504. Payoff 1st Mtg. La 205.M6rtgage $220,475.00 505. Payoff 2nd Mtg. La 206. 506. 207. 507. 208. 508. 209. 509. Adjustments For Items Unpaid By Seller: 210. City/town taxes to 510. Adjastmenb For Items Unpaid By Seller: City/town taxes to 211. County taxes to 511. County taxes to 212. Assessments to 512. Assessments to 213. 513. 214. 514. 215. 515. 216. 516. 217. 517. 218. 518. 219. 519. 220. Total Paid By/For5323.00 Borrower: 520. Total Reductions In Amount Dae Seller: 463.00 300. Cash At Settlement From/To Borrower. 600. Cash At Settlement From/I'o Seller: 301. Gross amount due from borrower (line 120) 34.581.25 601. Gross amount due to seller (line 420) 28.000.00 302. Less amount paid try/for borrower (line 220) 5323.00 602. Lea reductions innamount due seller (line 520) 463.00 27,537.00 29.25815 603. Cash aO) (❑FROM) Setter: 303. Cash (PA O) Borrower: FROM) 01'0)td Pervious Edition b Obsolete Form No. 1581 3/86 Page 1 of 3 HUD -1 (346) RESP HB 43052 ger L. 700. Total Sales/Broker's Commission: Based On Price S Division of Commission Rine MIAs Follows 701 t 702. S to to 703. Commission paid at settlement SETTLEMENT !m7 CHARGES Y. Escrow FATIC-16748-05 Paid From Borrower's Funds At Settlement Paid From Seller's Funds At Settlement 704. 800 Items Payable 1n Cnnnenlnn With f sun• 801 Loan Origination fee 802. Loan Discount 803. Anmmsal fee to. Bank of America 1 850.00 804 Credit report to: 805. Lerida's inspection fee Bank of America Jean Jansma 806. Mortgage insurance application fee to 807. Assumption fee 1200.0Q 808. 1.0000% Loan Fee To: Bank of America 2 162.00 809. Flood Determination To: Bank of America 14.00 810. Recertification Of Value To: Bank of America Belote & Assoc. 250.00 811. 812, 813. 814 815. 816. 910 Iters Remitted By under To Re Paid In Advnnee• 901. Interest from to 902, Mortgage insurance premium for 903. Hazard insurance premium for 904. Flood insurance mature for 905. 906. /day mo. to 1000 Reserves Denmlted With fender• yrs. to yrs to 1001. Hazard insurance 1 1002. Mortgage insurance 1 1001. City urooery taxes 1 1004. Camp property taxes 1005. Annual assessments 1006. Flood insurance 1 1007. 1008. Aggregate Adjustment 1009. 0months @S 0months @S 0months @S 0months @S O months @ S 0months @S 0 months(2a S 0.00 mer month 000nermonth 0.00 ner month 0.00 per month 0.00 per month 000 per month 0.00 ner month 1100 Title f hsrvn 1101. Settlement or closing fee to Bronson Abstract Co., Inc. 1102. Abstract or title search to Bronson Abstract Co.. Inc. 150,00 15000 350.00 1103. Title examination to 1104. Title insurance binder to 50.00 1105. Document preparation to Bronson Abstract Co.. Inc. 1106. Notary fees to 1107. Attorney's fees to (includes above item Numbers: 1108. Title insurance to Bronson Abstract Co., Inc. (includes above item Numbers: 1109. Lender's coverage S 0.00 Premium: S524.25 1110. Owner's coverage S 28,000.00 Premium: S213.00 1111 Tax report toBronson Abstract Co Inc. 1112 1113. 524.25 35 00 50.00 213.00 1114. 1200. Government Reenrding and Transfer Chamfer 1201. Recording fees: Deed S 11.00 :Mortgage S 35 00 1202. City/county tax/stemos: Deed S 1203. State tax/Stamps: Deed S 1204. •Rdeeses S :Mortgaag S :Mortaaec S 46.00 1205 1100 Additional Settinnent Charges - 1301. Survey to 1302. Pest inspection to 1303. 1304 1305 1306 1307. 1308 1309. 1310 1311 1312. 1313 1AAA Teel .S.Mien•ent Chary. Ornin nn line 104 .Cortin 1- and - 1in. SO .Serfnn K) Form No. 1582 Page 2 of 3 65R175 46100. SB•4-3538-000-1 SELLER'S AND/OR BORROWER'S STATEMENT Escrow: FATIC-16748-05 I have carefully reviewed the HUD -1 Settlemem Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursement made or my account or by me in this transaction. I further certify that I have received a copy of the HUD -1 Settlement Staten®t. Borrowers/Purchasers Sellers The HUD -1 Settlement Statanatt which I have prepared is a true and accurate account of this transaction. I have caused or will cause the funds to be disbursed in accordance with this Settlement Agent401LDate: o Y9R. Davis, Bronson Abstract Co., Inc. WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine or imprisonment. For details sec. Title 18 U S. Code Section 1001 and Section 1010. Page3of3 • • SELLER/BORROWER'S AFFIDAVIT STATE OF Arkansas COUNTY OF Washington The undersigned, referred to as Seller/Borrower, whether one or more, being first duly swom on oath that the seller/borrower is the owner of the following described lands, situated in Washington County, Alt, to - wit: Lot 30 of the Final Plat of Fayetteville Industrial Park, Fayetteville, Arkansas, as per plat recorded in plat record book 14 at page 26 in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas. Seller/Borrower further states the following facts are true: 1. There is no adverse occupant of the property described above. 2. Seller/Borrower and those, under whom Seller/Borrower claims title, have been in peaceful possession of said lands for more than 7 years past. 3. There are no unrecorded options to purchase, Sales Contracts or Lease Agreements outstanding, which affects the property described above. 4. There have been no improvements made on the property described above during the past 130 days for which a Mechanic's and Materialmens' Lien may be filed. 5. No appliances have been installed in the property described above on deferred payments, which are unpaid for. 6. The property described above is not traversed by any roadways or easements, except those shown on record. 7. There are no delinquent assessments due on the resident's association on the property described above, if applicable. 8. That no money whatsoever is owed on subject property to any person, firm or corporation other than the following , 9. There are no outstanding judgments against Seller/Borrower as a result of legal action to include, but not limited to, Tax Liens, Divorce, Bankruptcy or Foreclosure. 10. That the marital status of Seller/Borrower has not changed since they acquired above described property Witness the hand and seal of the undersigned this 2./02/2006 Buyer's Signature(s): omerstone o Services, LLC Subscribed and sworn to before me, a Notary Public, on this 2/02/2006 My Commission Expires: 2/15/2015 Notary Public Lela R. Davis Please return this to Bronson Abstract Co. Inc. 3810 Front Street, Ste 5, Fayetteville, AR 72703 File Number: FATIC-16748-05 • • WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: That the CITY OF FAYETTEVILLE, ARKANSAS, a municipal corporation, hereinafter called Grantor, for and in consideration of the sum of Twenty eight Thousand Dollars ($28,000.00) and other good and valuable considerations in hand paid by Cornerstone Home Services, LLC, an Arkansas limited liability company, hereinafter called Grantee, the receipt of which is hereby acknowledged, does hereby grant, bargain and sell unto the said Grantee, and unto its successor and/or assigns forever, the following land, situate m Washington County, Arkansas, to -wit: Lot 30, Fayetteville Industrial Park, Fayetteville, Arkansas, as per plat recorded in plat record book 14 at page 26 in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas. Subject to easements and right-of-ways of record. TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the said Grantee and Grantee's successor and/or assigns. And the said Grantor hereby covenants that it is lawfully seized of said land and premises, that the same is unencumbered, and that it will forever warrant and defend the title of said lands against all legal claims whatsoever. IN TESTIMONY WHEREOF the name of the Grantor is hereunto affixed this 16tday of February 2006. CITY OF FAYETTEVILLE, ARKANSAS, a municipal corporation By: By: otacal City Clerk rV • .G OF S� IF ; FAYETTEVILLE; a Wit• . :9 •.94) c, tip •••l-ANSP•• 4iq%%%%TON,CO%%. • • STATE OF ARKANSAS COUNTY OF WASHINGTON ACKNOWLEDGMENT ss. On this the l4day of February 2006, before me, a notary public, personally appeared Dan Coody and Sondra Smith, known to me to be the persons who executed the foregoing mstr unent, and who stated and acknowledged that they are the Mayor and City Clerk of the City of Fayetteville, Arkansas, and are duly authorized in their respective capacities to execute the foregoing instn.ment for and in the name and behalf of said municipal corporation, and further stated and acknowledged that they had so signed, executed and dehvered said instrument for the consideration, uses and purposes therein mentioned and set forth. In witness whereof I hereunto set my hand and official seal. My commission expires: /7147 ri ototQ Mail tax statement to: eettei,Ui> /tw a� - resc� Notary ' ,'c .,�OJF%P 0t'rw,'i. "•O U • �OTARr •tti "2• a O • Pusi.�c : 'iit/ GTOti%i%%%%% • RESOLUTION NO. 184-05 A RESOLUTION APPROVING AN OFFER AND ACCEPTANCE CONTRACT BETWEEN THE CITY OF FAYETTEVILLE AND CORNERSTONE HOME SERVICES, LLC FOR THE SALE OF PARCEL 30E IN THE FAYETTEVILLE INDUSTRIAL PARK FOR $28,000.00; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF. FAYETTEVILJ.F, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves an Offer and Acceptance contract between the City of Fayetteville and Cornerstone Home Services, LLC for the sale of parcel 30E in the Fayetteville Industrial Park for $28,000.00. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor and City Clerk to execute said agreement with Cornerstone Home Services, LLC. PASSED and APPROVED this 20th day of September, 2005. tU• VPS :FAYETTEVILLE: °'4,9d',S•. NAt42t& .� ATTEST: By: SONDRA SMITH, City Clerk APPROVED: • OFFER AND ACCEPTANCE CONTRACT 1. Cornerstone Home Services. LLC offers to buy, subject to the terms and conditions set forth herein, the following described property. SEE ATTACHED EXHIBIT "A" FOR PROPERTY DESCRIPTION 2. Purchase Price: Subject to the following conditions Cornerstone Home SeMces. LLC shall pay for the property at closing, the total and cash payment of $ 21Aoo,00 . 3. Contingent Earnest Money Deposit Cornerstone Home SeMces. LLC herevAth tenders a check for $1.000.00 to the City of Fayetteville, as earnest money, which shall apply on the purchase price. This offer of purchase is contingent upon approval of the City Council of the Clty of Fayetteville, Arkansas, and, if they do not ea approve, the eamest money deposit will be returned to Cornerstone Horne Services. LLC by the City of Fayetteville. If title requirements are not fulfilled or the City of Fayetteville fails to fulfill any obligations under this contract, the eamest money shall be pronptiy refunded to Cornerstone Home Services. LLC . If Sommtooft }tome Services. LLC falls to fulfil their obligations under this contract or, alter al conditions have been met, Cornerstone Horne Services. LLC fans to dose tits transaction, the earnest money may, at the option of the qty of Fayetteville, become liquidated damages to the City of Fayetteville. 4. Co• nveyance will be be instruments to Com tone Home Services._LLC by general Warranty Deed, except k shall be to any, winch do not materially affect the value of the property. Such conveyance shall include mineral rights owned by the City of Fayetteville. 6. The City of Fayetteville shall furnish a policy of title issuance In the amount of the purchase price from a file Insurance company as selected by the City of Fayettevie. Cornerstone Home Services. LLC and the City of Fayetteville shall share equally in the cost of the title insurance. 8. The Clty of Fayetteville agrees to allow Cornerstone Home Services. LLC if Coneretone Home Services. LLQ so desires, at Cornerstone Home Services. LLC 's expense, to survey the property. The City of Fayetteville agrees to cure any title problems which may result from any differences between the recorded legal descriptions of the property and the survey description. Said title problems, if any, must be solved prior to dosing to the Satisfaction of the Cly of Fayetteville. 7. Taxes and special assessments due on or before dosing shal be paid by the City of Fayetteville. Insurance, general taxes, ad valorem taxes, spedal assessments and rental payments shall be prorated as of closing. 8. The dosing date shall be within ninety ($QJ days after approval of this offer by the City Council. If such date of dosing falls on a weekend or holiday, It wii be held the folowing working day. 9. Possession of the property shall be delivered to Cornerstone Home Services. LLC on the date of dosing. 10. The City of Fayetteville hereby grants) permission far Cornerstone Home Services. LLC or his designates to enter the above described property and Improvements for the purpose of Inspecilon and/or surveying. 11. M fixtures, kmprovements and attached equipment are included In the purchase price. 12. Risk of loss or damage to the property by fire or ober casualty occurring up to the time of closing is assumed by the City of Fayetteville. 13. The City ol Fayetteville shal disclose to Cornerstone Horne SeMces. LLC any and all environmental hazards of which the City of Fayetteville has actual knovAedge. Upon acceptance of all conditions and tame of this Offer and Acceptance, Cornerstone Home Services. LLC and the City of Fayeltevle shall share equally the costs of any and dl testing for the existence of environmental hazards. Should the existence of environmental hazards be known or determined, the City of Fayetteville shall cure such, at their expense: or, in the alternative, at Qgmarskorstigme Services. LLCs dsaetion Cornerstone Home Services. LLC may cure such environmental hazard, and the City of Fayetteville shall indemnify Cornerstone Home SeMces. LLC for all costs assodated with said cue. OFFER AND ACCEPTANCE CONTRACT Page2of4 14. This agreement shall be governed by the laws of the State of Arkansas. 15. This agreement, when executed by both Cornerstone Home Services. LLC and the City of Fayetteville shall contain the entire understanding and agreement of the parties with respect to the matters referred to herein and shall supersede all price or contemporaneous agreements, representations and understanding with respect to such matters, and no oral representations or statements shall be considered a part hereof. 18. This contract expires, if not accepted by the City of Fayetteville on or before the 2nd day of November 2005. 17. The City of Fayetteville shall submit this fully executed Offer and Acceptance Contract to the City Council for their approval within Thirty (I j days of acceptance by the City of Fayetteville. 18. It is expressly understood by the parties that the price established by the City Council is a reduced price to create valuable manufacturing jobs In the Fayetteville Industrial Park and that the sale of the property may not be for speculation or resale. Should Comerstone Home Services LLC wish to sell the property before the project proposed to the City of Fayetteville is constructed, the City of Fayetteville shall have the right to purchase the property at the same price Tess all of its costs including any Infrastructure butt by the City to accommodate the project for which it was sold to Cornerstone Home Services. LLC 19. This Offer and Acceptance Contract is contingent upon approval of the project by the City Planning Department and upon Cornerstone Home Services being able to obtain financing for the project. 20. NOTICE: THE Cornerstone Home Services. LLC AND THE CITY OF FAYETTEVILLE ASSERTS HEREBY ACKNOWLEDGES THAT THIS OFFER IS EXPRESSLY CONTINGENT UPON THE APPROVAL OF THIS OFFER OF PURCHASE BY THE CITY COUNCIL OF FAYETTEVILLE AND THAT THE FAILURE OF THE COUNCIL TO SO APPROVE WILL MAKE ALL PORTIONS OF THIS OFFER NULL AND VOID, INCLUDING, BUT NOT LIMITED TO, THE RETURN TO THE Cornerstone Home Services, LLC OF THE $ 1.000.00 EARNEST MONEY DEPOSIT. AGENT OR WITNESS: City of Fayetteville, Arkansas, A municipal poraton Dan Coody, Mayor th'".'Rrp' .. AC-'p\TY4•G?h VP 'c •FAYETTEVILLE; _ P, RKANst4+ : Sondra Smith, City Clerk Date: 911 Date: Date: c% -(-o5 Date: Date: 9/40/e5 97017/OS OFFER AND ACCEPTANCE CONTRACT Page 3 of 4 EXHIBIT "A" PROPERTY DESCRIPTION That property described as Lot 30E containing 1.4 acres plus or minus of the Fayetteville Industrial Park located in 23-16-30 Washington County, Arkansas located on the Cul -de -Sac of S. Leeper Drive north of East Pump Station Road. SIGNED FOR IDENTIFICATION: Dan Coody, Mayor Sondra Smith, City olY 0".03s ,U• F� A= ;FAYETTEVILLE, '9�9RkANSP�'J�',r Date: 0/14120 --- Date: Date: Date: fp 7/05 9/41 `05 • • OFFER AND ACCEPTANCE CONTRACT Page4of4 STATE OF ARKANSAS COUNTY OF WASHINGTON ACKNOWLEDGMENT ss. Iterifil C, 111.' as IS . l V �• Co o ¢ Nc. i .N: ti, 5).... LNy a,�r u& -'.• Cf�. l!Nqu°ni ttt�p BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting No : ublic within and for said County and State, personally appeared q f • to me well known as the perspn(s)Iwho exepyted the Ing document, and who stated and that he/she/they is/are 3 Ire•tin of and Ware authorized to execute to foregoiinstrument for and In the name and behalf of (n -s Mk/ - and further stated and acknowledged that he/she/they had so s , executed and delivered' said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this N day of MY COMMISSION EXPIRES: Avorf Public STATE OF ARKANSAS ) COUNTY OF WASHINGTON ACKNOWLEDGMENT SS BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public wt hin and for said County and State, personally appeared Dan Goody and Sondra Smith, to me wed known as the persons who executed the foregoing document, and who stated and advrowledged that they are the Mayor and City Clerk of the City of Fayetteville, Arkansas, a municipal corporation, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said municipal corporation, and further stated and acknowledged that they had so signed, executed and delivered said Instrument for the consideration, uses and purposes�ltherein mentioned and set forth. WITNESS my hand and seal on this e2 7 day of c��kr 2005. ryuPublb MY COMMISSION EXPIRES: ynat0Si4o/o ttatrr8r14 1 $oTAA? CvPunto , •: • 4k.. Clarice Pearman - Cornerstone -Settlement Statement Page 1 From: Clarice Pearman To: Boudreaux, Ray Subject: Cornerstone -Settlement Statement Ray, Could you get me a signed Seller/Borrower's Affidavit. The notary public did not sign the Affidavit when notarized at closing. AM - 02/13/2006 15:03 4794428475 BRONSON ABSTRACT Bronson Abstract ...Service is our tradition since 1926 PAGE 01/02 From: LELA DAVIS To: / Fax: 479-442-8475 Fax: Company: Bronson Abstract Company: Dept: Closing Department Dept: (Comment] )ttliCLQ ' y ( Bronson Abstract Company Abstracts • mile Insurance • Escrows 3&10 Front Street, Suite 5, Fayettevilk, AR 72703 Phone: 479.442.2700 or 1.800.289.9393 email: bronsonabstractecox-internet.com www.bronsonabstnacf.com mpim 02/13/2006 15:83 4794428475 BRONSON ABSTRACT PAGE 02/02 SELLERBORROWER'S AFFIDAVIT STATE OF Arkansas COUNTY OF Washington The undersigned, referred to as Seller/Borrower, whether one a more, being fiat duly swam on oath that the seller/borrower is the owner of the following described lands, situated in Washington County, AR, to - wit: Lot 30 of the Final Plat of Fayetteville Industrial Park, Fayetteville, Arkansas, as pa plat recorded in plat record book 14 at page 26 in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas. Sella/Borrower further states the following facts are tau: 1. There is no adverse occupant of theproperty dercribed above. 2. Seller/Borrower and those, under whom SeIler/Bonowa claims titke, have beim in peaceful possession of said lands for more than 7 years past. 3. There are no unrecorded options to purchase. Sales Contracts or Lease Agreanems outstanding. whidn affects the property described above. 4. There have been no improvements made on the property described above during the past 130 days for which a Mechanic's and Materia mens' Lim maybe Bled. S. No appliances have been installed in the property described above on deferred payments, which are unpaid for. 6. The property detcnbcd above is not traversed by any roadways or easements. except those shown on record. 7. That we no ddmquent assessments due on the resident's association on the property described above, if applicable. B- That no money whatsoever is owed on subject property to any person, Bum or corporation other then the following , 9. There are no outstanding judgments against Sella/Borrower as a math of legal action to include, but not limited to. Tax Liens, Divorce. Bankruptcy or Foreclosure. 10. That the marital status of Sella/Borrower has nes changed since they acquired above described ptoPmY. Witness the hand and seal of the undersigned this 2/02/2006 Buyer's Slgnatwrt(s): S®4 «arooe &rvien, i1.0 _ropotaiNkavitoe Subscribed andswom to before me, a Notary Public, on this 2411/2006 Oreo' Soar Ni My Commission Spires:- ,Sue R DAVIS Notary PuMc-aharsas 2/15/2015 waq..rur:trw rn, INT/ ie Lela P_ Davis Const - -t5- t *AMU Men Flk eFAT/ Nwer: VATIC -1474W 1 WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: That the CITY OF FAYETTEVILLE, ARKANSAS, a municipal corporation, hereinafter called Grantor, for and in consideration of the sum of Twenty eight Thousand Dollars ($28,000.00) and other good and valuable considerations in hand paid by Cornerstone Home Services, LLC, an Arkansas limited liability company, hereinafter called Grantee, the receipt of which is hereby acknowledged, does hereby grant, bargain and sell unto the said Grantee, and unto its successor and/or assigns forever, the following land, situate in Washington County, Arkansas, to -wit: Lot 30, Fayetteville Industrial Park, Fayetteville, Arkansas, as per plat recorded in plat record book 14 at page 26 in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas. Subject to easements and right-of-ways of record. TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the said Grantee and Grantee's successor and/or assigns. And the said Grantor hereby covenants that it is lawfully seized of said land and premises, that the same is unencumbered, and that it will forever warrant and defend the title of said lands against all legal claims whatsoever. IN TESTIMONY WHEREOF the name of the Grantor is hereunto affixed this 16tday of February 2006. CITY OF FAYETTEVILLE, ARKANSAS, a municipal corporation By: By: E :FAYETTEVILLE: COPY ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON On this the (s4day of February 2006, before me, a notary public, personally appeared Dan Coody and Sondra Smith, known to me to be the persons who executed the foregoing instrument, and who stated and acknowledged that they are the Mayor and City Clerk of the City of Fayetteville, Arkansas, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said municipal corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. In witness whereof I hereunto set my hand and official seal. My commission expires: 0 01013 Mail tax statement to: