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HomeMy WebLinkAbout106-07 RESOLUTIONRESOLUTION NO. 106-07 A RESOLUTION APPROVING CONTRACT AMENDMENT #1 TO THE REAL ESTATE SALES CONTRACT WITH HABITAT FOR HUMANITY OF WASHINGTON COUNTY, INC. 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 Amendment 44 to the Real Estate Sales Contract with Habitat for Humanity of Washington County, Inc. A copy of Amendment #1, marked Exhibit "A" is attached hereto and made a part hereof. PASSED and APPROVED this 15th day of May, 2007. APPROVED: By: ATTEST: edeiN t_\c). GAS Y �O,c SL -p ;FAYETTEVILLE: rite* 5 By: C -1^"4L & ►eu` SONDRA E. SMITH, City Clerk/Treasurer %ys•19/fANSP.e '��,,,G,TQN EXHIBIT "A" AMENDMENT #1 TO THE REAL ESTATE SALES CONTRACT WITH HABITAT FOR HUMANITY OF WASHINGTON COUNTY, INC. BE IT KNOWN TO ALL: That the City of Fayetteville, rkansas and Habitat For Humanity of Washington County, Inc., on this 51. h day of 2007, hereby agree that the Real Estate Sales Contract of November 15, 2006, shall be amended by striking Paragraph 7 and inserting the following in its stead: 7. The closing date shall be within two hundred seventy (270) days after approval of this Amendment by the City Council. If such date of closing falls on a weekend or a holiday, closing shall be held on the next regular business day. The parties agree and understand that this Amendment is supplemental to the original Real Estate Sales Contract, and that it does not alter, amend or abridge any of the rights, obligations, or duties of the parties not expressly addressed herein. IN WITNESS WHEREOF, the parties hereto have caused their signatures to be set by their authorized representative effective the date set forth herein above. Habitat For Humanity of Washington County, Inc. ATS E,OE �vdli {PATSY B R, Executive Director WITNESS: City of Fayetteville, Arkansas DAN COODY, ' ayor ATTEST: Sondra E. Smith, City Clerk/Treasurer Tim Conklin 1 Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts City Council Meeting Date Planning and Development Mgt. Division Action Required: 57 1* 7Ya,61it Gr i6617Wn,1( AntnabanEw Operations Department Approval of a contract amendment with Habitat for Humanity to grant a 270 day extension to purchase approximately 8 acres of land located south of Seven Hills Transitional Housing on Huntsville Road. Cost of this request Account Number Project Number Budgeted Item Category / Project Budget Funds Used to Date Remaining Balance Budget Adjustment Attached Program Category / Project Name Program / Project Category Name Fund Name Department D rector City Attorney 4'. Q tom... Finance and Internal Service Director 4r1oT Date 5 -WO 7 Date 5-z-07 Date sil,�L moi/ dy/7 Mayor Comments: Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk': Office f 1 UMW Received in Mayor's Office City Council Meeting of May 15, 2007 Agenda Item Number CITY COUNCIL AGENDA MEMO TO: Mayor Dan Coody Fayetteville City Council FROM: Tim Conklin, Planning and Development Management Directof (. - DATE: April 26, 2007 • SUBJECT: Approval of a contract amendment with Habitat for Humanity to grant a 270 day extension to purchase approximately 8 acres of land located south of Seven Hills Transitional Housing on Huntsville Road. RECOMMENDATION Staff recommends approval of a contract amendment with Habitat for Humanity to grant a 270 day extension to purchase approximately 8 acres of land located south of Seven Hills Transitional Housing on Huntsville Road. BACKGROUND Habitat for Humanity has requested a 270 day extension to their contract for purchase of approximately 8 acres of property. The contract requires Habitat for Humanity to close on the property by May 7, 2007. Under the existing contract, the Mayor can extend the closing date by an additional 60 days. The additional 270 day extension will require Habitat to close on the property by February 1, 2008 based on the current May 7, 2007 closing date. At this time, Habitat for Humanity and UACDC would also like to update the Mayor and City Council with regard to future access and the density being planned for this site. The preliminary discussions include bringing forward a proposal with a project density of 6 to 7 units per acre with temporary emergency vehicular access to the east through the American Legion Ballpark. UACDC has also provided a detailed description of the grant and project which is attached for your information. City Council Meeting of May 15, 2007 Agenda Item Number BACKGROUND -- $460,000 GRANT BY THE ARKANSAS NATURAL RESOURCES COMMISSION UNDER ITS FY 2007 SECTION 3l9(H)NONPOINT SOURCE MANAGEMENT PROGRAM. By: Stephen Luoni, Director Steven L. Anderson Chair in Architecture and Urban Studies UACDC in collaboration with Marty Matlock of the Ecological Engineering Group and the Department of Biological and Agricultural Engineering has received final approval from the U.S. EPA for a $460,000' grant by tlic Arkansas Natural Resources Commission under its FY 2007 Section 319(h)Nonpoint Source Management Program. . A 14-0:.* ILL Art ;v INA. .'.tr''FKALI AVLIN UMr,vr tti_ • The grant will fund planning`and�design of a de'monstration'neighboilioo`d:for Habitat for Humanity inFaYetteville'usin .Low Im PctDeveloPMent (LID) technologies. LID technologies to be explored include: 1) shared streets (based on -the Dutch woonerfwhere the street is designedas'a- ter managemenfsystem using OF ecological,engineering approaches --rain gardens, green streets, bioswales, infiltration trenches, 3) pervious street surface systems, and 4) new configuiations of high density single-family house types: The challenge of the protect is to: integrate,ecological planning; • practices into urban planning templates; land -use policy,:n and?civil frastructure design.pnt Should.LID principles from the demonstration protect eF entually be adopted by Fayetteville in its codes, it will place the city along with Seattle and Portland as the nation's leading cities in sponsoring LID infrastructure as an alternative to costly civil infrastructure for stormwater management., i A� it t att. L y v u site 15.., '4ad •1 4-• % r, The grant also obliges the project team to produce an LID manual for -use by planners, developers, and designers across'the State of Arkarisas. Neighborhood planning will. begin this spring with anticipated construction start date of 2008. In addition to UACDC and tli'e Ecological Engineering Group project team partners include McClelland Consulting Engineers for landscape architecture and civil engineering, Habitat for Humanity of Washington.County, and the City: of:Fayetteville.IWliilethe 319(h),grant,,. docs not fund research or capital costs it does allow the University to expand its outreach services to the State of Arkansas. City Council Meeting of May 15, 2007 Agenda Item Number BACKGROUND -- $460,000 GRANT BY THE ARKANSAS NATURAL RESOURCES COMMISSION UNDER ITS FY 2007 SECTION 319(H)NONPOINT SOURCE MANAGEMENT PROGRAM By: Stephen Luoni, Director Steven L. Anderson Chair in Architecture and Urban Studies UACDC in collaboration with Marty Matlock of the Ecological Engineering Group and the Department of Biological and Agricultural Engineering has received final approval from the U.S. EPA for a $460,000 grant by the Arkansas Natural Resources Commission under its FY 2007 Section 319(h)Nonpoint Source Management Program. The grant will fund planning and design of a demonstration neighborhood for Habitat for Humanity in Fayetteville, using Low Impact Development (LID) technologies. LID technologies to be explored include: 1) shared streets (based on the Dutch woonerf where the street is designed as a garden), 2)integrated stonnwater management system using ecological engineering approaches --rain gardens, green streets, bioswales, infiltration trenches, 3) pervious street surface systems, and 4) new configurations of high density single-family house types. The challenge of the project is to integrate ecological planning practices into urban planning templates, land -use policy, and civil infrastructure design. Should LID principles from the demonstration project eventually be adopted by Fayetteville in its codes, it will place the city along with Seattle and Portland as the nation's leading cities in sponsoring LID infrastructure as an alternative to costly civil infrastructure for stormwater management. The grant also obliges the project team to produce an LID manual for use by planners, developers, and designers across the State of Arkansas. Neighborhood planning will begin this spring with anticipated construction start date of 2008. In addition to UACDC and the Ecological Engineering Group project team partners include McClelland Consulting Engineers for landscape architecture and civil engineering, Habitat for Humanity of Washington County, and the City of Fayetteville. While the 319(h) grant docs not fund research or capital costs, it does allow the University to expand its outreach services to the State of Arkansas. RESOLUTION NO. A RESOLUTION APPROVING CONTRACT AMENDMENT #1 TO THE REAL ESTATE SALES CONTRACT WITH HABITA HUMANITY OF WASHINGTON COUNTY, INC. BE IT RESOLVED BY THE CITY CO dr OF HE ® OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Counc f`e -fthe City o''` ay= eville, kansas hereby approves Ame �• •P 1 to th state S Contract w, a bitat for Humanity of ;rgto 8 ounty,yti opy o a+ endment 1, marked Exhibit "A" is attach B ATTEST: ay, 2007. By: OODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer ' Habitat for Humanity® of Washington County Building houses, building hope EXECUTIVE DIRECTOR Patsy S Brewer BOARD OF TRUSTEES Tommy Lewis. President J.R. Ball Jim Culberson Brent Farmer -Mike Johnson-- - - Jan Judy Doug Kuntz Scott McNair John Nock Barnes Parsons Ellen Roberts Susan SIinkard Jess Smith Joel Tinel Mike Wallner ADVISORY BOARD Don Baia Hugh Brewer Ted Brewer Myron Brody George Butler Jim Foster Rebecca Garner Tamara Gilmour Darin Gray Mary Ann Greenwood Joan Johnson Bev Lewis• John Lewis Joanna Newman Kim O'Dell Johnny Quinn Bill Ramsey Neil Shipley Larry Simpson l3arbara Taylor Jim 'Faylor Fred Vorsanger Perry Webb John White 419W Rock 42 PO Box 1863 Fayetteville, AR 72702-1863 (479) 575.9696 (479) 575.0065 www.habitatwashcoar.org mmipramm April 17, 2007 To: Tim Conklin From: Patsy Brewer Executive Directo __ 841-9553 _ ._ Re: Amendment to Contract between Habitat for Humanity of Washington County and the City of Fayetteville. Habitat for Humanity of Washington County is proposing a change in the closing date to allow for planning and design studies by the UACDC to determine suitability of site for affordable housing. We are requesting a 270 day extension of the closing date. A preliminary plan showing street layout with stub streets to the west and south and an emergency vehicle access road to tie into the private Craft Lane of the American Legion property will be submitted for council approval at the May 15th session. Also our project will be presented as a PZD with a density of 6-7 units per acre. Bringing families and communities in need together with volunteers and resources to build, decent, affordable housing • purpose of this submittal development preliminary feasibility approval for is to establish and to stub -out future developments access to Habitat for Humanity' Washington County UAGDC'°:$,1•NRS�1.1' OF ANRYSSAS COMMUNITY DESIGN CENTER • • Huntsville Road Habitat'for Humanity Neighborhood Development • Fayetteville Arkansas Site Feasibility Proposal , April 25th, 2007 - Existing Site 2 Access Proposal 3 Additional Project Information 4 Huntsville Road Project Access (under construction) Fairlane Street a� 100 -year floodplain Project Site: Approximately 14 acres. New Program Requirements: • 8.8 acres for Habitat for Hu- manity development of 50 sin- gle and multifamily units. • 2.2 acres for Sage House Women's Shelter Development. • Remaining acreage for City Park. Site Access: Currently only one access point exists to service all the site pro - gra ms.Additional access should be added in order to provide connectivity and to make the project comply with cul-de- sac ordinances. Proposed are "stubbed" access points to the west and south to provide fu- ture vehicular access. 2 i Industrial Development • 0 a v_ N a Huntsville Road Seven Hills (32 units) dr .•—, A liSage Hous I ! (2.2 acres -32 units) 1 ic 1I1=1i 1---1 it j - r -1 Habitat for Humanity (8 acres -50 units) ni stub f 11--1 f Proposed development 11 —111-1 by others (72 acres- 600-7,00 i11 = •—q units) \ " 1Zity4 } stub 10Dark-rI i11-11 1 LJ W./ stub @Temporary emergency access drive at existing private drive 15th Street iMmo O 0 O 0 0 0 0 0 o 0 O mama C : Fairlane Street 0 101111:1100 0 r' 00 if Z 1111 • 111 � C imit 1 E. _ _ • 11% 1111 111111 unman Damon ■ maooraoror 0000ra■ e MN . .. ti 100 -year floodplain 75' 300' N Access Proposal: Temporary emergency access with stub connections We are asking for: Approval to proceed with design based on stubbed access for the full infrastucture and 30 out of 50 homes. (An amount lower than 30 would not meet the threshold for a demonstration project) 0 The access through Seven Hills to the Habitat site is a one-way in and out scenario with 114 projected units. 30 is the maximum allow- able by International Fire Code. Ad- ditional access must be provided, but the Habitat site is landlocked. 0 David Williams, the Fayetteville Fire Marshal has agreed that the private drive could be used as a temporary emergency access drive until ad- ditional permanent connectivity could be secured. The American Legion, the owner of the private drive has also agreed it may be used as temporary emergency access. 0 UACDC and Habitat have contact- ed the developer of the western property (The Harbor Group) who is eager to provide connectivity and is willing to coordinate the lo- cations of advantageous connec- tions. They currently do not own the property. The property owners to the south have not yet been identified or contacted. 3 Clarence Craft Private Drive looking west Looking west at property line Project intent: Habitat for Humanity Wash- ington County will build'ap- proximately 50 homes on the eight -acre greenfield site south of Huntville Road near down- town Fayetteville. The goal of the project is to provide an af- fordable neighborhood tem- plate and prototype houses for Habitat for Humanity and a demonstration low impact de- velopment (LID) that conveys best neighborhood planning practices to audiences state- wide. LID is an alternative plan- ning strategy that maintains the pre -development hydro- logic regime of a site through the use of ecological -based planning technologies to cre- . ate a functionally equivalent hydrologic site design. Federal and State Funding: Through the Arkansas Natural Resources Council (ANRC) and the Environmental Protection Agency (EPA) the project has re- ceived a 5464,000 grant for de- sign, planning, and implemen- tation of the project as a pilot level regional LID demonstra- tion. The purpose of this submittal is to secure preliminary approval for stub -out access to fu- ture developments, since the project site is landlocked and no additional access is cur- rently available. If future ac- cess through stub -outs is not available the site becomes undevelop- able and the grant will not be applicable to this project. Collaborators: The City of Fayetteville has partnered with UACDC and Habitat for Humanity to pro- vide a much-needed model for affordable, ecologically -friend- ly neighborhood development for Fayetteville. UACDC will col- laborate with the UA Ecological Engineering Group and McClel- land Engineers for hydrological and civil engineering. Phasing: The infrastructure for the proj- ect will be completed in the first two years, and the final home buildout for the project is expected to take an addi- tional eight to twelve years at Habitat's current rate of three to five homes a year. Due Diligence: Habitat for Humanity and UACDC have met with the May- or, the Fayetteville Fire Marshal and Fire Chief, the Fayetteville Planning Department, the En- gineering Department, the Parks Department, the Ameri- can legion, and the Harbor Group (developer to the west) to ensure the intention of the project is approved and well- received. All parties are com- mitted to the intentions out- lined in this document and the ANRC/ EPA grant. Additional Project Information • REAL ESTATE SALES CONTRACT . The City of Fayetteville, Arkansas offers to sell and Habitat For Humanity Of Washington County, Inc. (hereinafter Habitat For Humanity) offers to buy, subject to terms and conditions set forth in this contract, approximately eight (8) acres more particularly described in Exhibit "1" attached hereto and made a part hereof. SEE ATTACHED EXHIBIT "1 " FOR PROPERTY DESCRIPTION 2. Purchase Price: Subject to the following conditions, Habitat For Humanity shall pay for the property One Hundred Fifty -Two Thousand Dollars ($152,000.00). One Hundred Thousand Dollars ($100,000.00) shall be due at closing. The remaining Fifty -Two Thousand Dollars ($52,000.00) shall be subject to credits authorized by the City Engineerand the Planning and Development Management Director and shall be due prior to the issuance of the first building permit for any lot developed upon this property. 3. Conveyance will be made Habitat For Humanity 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. 4. No title insurance shall be required of the City of Fayetteville for this sale and conveyance. Habitat For Humanity may request and pay for title insurance at its option. 5. The City of Fayetteville agrees to allow Habitat For Humanity, at Habitat For Humanity's expense, to survey the property. 6. Taxes and special assessments due on or before closing shall be paid by the City of Fayetteville. General taxes, ad valorem taxes and special assessments shall be prorated as of closing. 7. The closing date shall be within one hundred eighty (180) days after approval of this Real Estate Contract by the City Council, which can be extended by agreement of the Mayor for an additional sixty (60) days. If such date of closing falls on a weekend or holiday, it will be held the following working day. 8. Possession of the property shall be delivered to Habitat For Humanity on the date of closing. 9. The City of Fayetteville hereby grants permission for Habitat For Humanity or its designees to enter the above described property and improvements for the purpose of inspection and/or surveying. 10. 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. 11. The City of Fayetteville shall disclose to Habitat For Humanity any and all environmental hazards of which the City of Fayetteville has actual knowledge. 12. Habitat For Humanity Of Washington County, Inc. agrees to develop this parcel into at least twenty (20) lots to be used for its affordable housing projects in conjunction with the University of Arkansas Community Design Center. Habitat For Humanity further agrees to assist the U of A in applying for and complying with grants to make this project more affordable for the future homeowners. Habitat For Humanity shall employ advanced ecological storm water management development techniques and require its homeowners to properly maintain all such facilities pursuant to non -amendable restrictive covenants. 13, Habitat For Humanity Of Washington County, Inc. agrees to develop this eight acre parcel as a Planned Zoning District so that the Planning Commission and City Council can review and approve the design of the subdivision and the proposed innovative designs of the houses. 14. The City of Fayetteville and Habitat For Humanity agree that the benefits to the City of Fayetteville of the advanced stormwater management techniques employed on this site (both for control of stormwater and drainage and as demonstration projects for the benefit and education of other developers) should form a portion of the compensation for this purchase and designate the City Engineer and the Planning and Development Management Director to ascertain and determine the fair market value of these services which shall reduce the amount owed on the purchase price of this eight acre parcel. 15. This agreement shall be governed by the laws of the State of Arkansas. 16. This agreement, when executed by both Habitat For Humanity 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. CITY OF FAYETTEVILLE A Municipal Corporation Attest: A Sondra Smith, City Clerk Date: /I /(s/O& HABITAT FOR HUMANITY OF WASHINGTON COUNTY, INC. By: `-7 u PATSY BER Executive Director Date: /0 -25- Agent or O: ,`fie J Date: %D •-o7SCb • ACKNOWLEDGMENT STATE OF ARKANSAS 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 Patsy Brewer to me well known as the person who executed the foregoing document, and who stated and acknowledged that she is the Executive Director of Habitat For Humanity Of Washington County, Inc. and is duly authorized in her respective capacity to execute the foregoing instrument for and in the name and behalf of the corporation, and further stated and acknowledged that she 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 o9 ay of October, 2006. My Commission Expires: P-1---001 Notary Public P • YirBR N `• \yP •Ito N p/IAse. O y ICI 2 ••-) NOTARr �•2.• • ",= %¢- • (Ore �• f, PUBLIC,. Q=-� i66 COUNT PQ,`` ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notazy 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 15-1h day Qf Octohrer, 2006. My Commissi n Expires: I -IS -I4 3 Notary Public 422,,rd `,on lull!!//ryes Ogle •�.• � SStaN l••O 4 a IioTAA fr . ® tto • ti...?;,, ? PUBLIGti.'``p, j0 ,011NT/,trt . s.• L6.8.07) Clarice Pearman - Res. 106-07 Pap2:11 From: Clarice Pearman To: Conklin, Tim Date: 6.8.07 11:12 AM Subject: Res. 106-07 Attachments: 106-07 Habitat for Humanity Amdmt 1.pdf CC: Audit Tm, Attached is a copy of the above resolution passed by City Council regarding Habitat for Humanity Contract Amendment 1. Please let me know if there is anything needed Have a good day. Thanks. Clarice Clarice Buffalohead-Pearman, CMC City Clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 cpearman(dci.favetteville.ar. us FOR DAT?,s 1-r Z 6 -at • ES s 'GE /e gl�rrte'1 .51 77 tan 66/9/ 43. ■ ►q9 reS TELEPHONED RETURNED YOUR CALL PLEASE CALL V/ILL CALL AGAIN Q^C/ �k� � Inn CAME TO SEE YOU SIGNED WANTS TO SEE YOU VG2ea r Tle la Gail : talp6lcd alas-%ny P5 Ant 'sy ;rept V •CCA4Gerfr / /i rem At i 786,•17 Pk- v - /tam eb4ivit -17& incsg ► ff 777n ecokbel 82) , sfrc,�' te a. yvt-o- /' hiaotitittot Car 'ta. Heritage Land Title of Arkansas Legacy National Bank File : 31359 Buyer : Habitat for Humanity of Washington County, Arkansas, Inc. Seller : City of Fayetteville, Arkansas Legal Description : 8.18 acres of of the E 1/2 of the NE, Section 22-16-30 Property Address : (603) Cash to seller - $99,495.38 Payable to: City of Fayetteville, Arkansas 1-17078 Date 2/14/2008 8 THE FACE OF THIS DOCUMENT CONTAINS.A VOID PANTOGRAPH. ADDITIONAL SECURITY FEATURES DETAILED ON BACK. 8 Heritage Land Title of A kansas'• Escrow Account 2153 E. Joyce Blvd Suite 201 Fayetteville, Arkansas 72703 479.442.640 PAY ORDER OF Legacy National Bank` Springdale, Arkansas 72766 /oG-07 1417078 • Date 2/14/2008 Pay Ninety Nine Thousand Four Hundred Ninety Five and 38/100 Dollarsy. , $ "`$99,495.35^ City of Fayetteville, Arkansas File : 31359 (603) Cash to seller = $99,495.38 r 90 days Atlas no 1 L 70 781t' -r:oa 290:8'8 58t: 90004 7? 311' Void aft RESOLUTION NO. 106-07 A RESOLUTION APPROVING CONTRACT AMENDMENT #1 TO THE REAL ESTATE SALES CONTRACT WITH HABITAT FOR HUMANITY OF WASHINGTON COUNTY, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYEI'TEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves Amendment #1 to the Real Estate Sales Contract with Habitat for Humanity of Washington County, Inc. A copy of Amendment #1, marked Exhibit "A" is attached hereto and made a part hereof. 0111,,,,,,,,, 4-15:• G\S Y •OF'SG� U• :FAYETTEVILLE: ATTEST: • q 5• • �' By: S-�'I� %'9sy.RKANSPOJ�,' SONDRA E. SMITH, City Clerk/Treasurer PASSED and APPROVED this 15th day of May, 2007. APPROVED: EXHIBIT "A" AMENDMENT #1 TO THE REAL ESTATE SALES CONTRACT WITH HABITAT FOR HUMANITY OF WASHINGTON COUNTY, INC. BE IT KNOWN TO ALL: That the City of Fayetteville,kansas and Habitat For Humanity of Washington County, Inc., on this 5M day of r 2007, hereby agree that the Real Estate Sales Contract of November 15, 2006, shall be amended by striking Paragraph 7 and inserting the following in its stead: 7. The closing date shall be within two hundred seventy (270) days after approval of this Amendment by the City Council. If such date of closing falls on a weekend or a holiday, closing shall be held on the next regular business day. The parties agree and understand that this Amendment is supplemental to the original Real Estate Sales Contract, and that it does not alter, amend or abridge any of the rights, obligations, or duties of the parties not expressly addressed herein. IN WITNESS WHEREOF, the parties hereto have caused their signatures to be set by their authorized representative effective the date set forth herein above. Habitat For Humanity of City of Fayetteville, Arkansas Washington County, Inc. 9I(� B R, Executive Director WITNESS: tutifii-e4 900, DAN COODY, yor ATTEST: A :FAYETiEVILLE: crrirP 9pkAN sP.•'2,� Sondra E. Smith, City Clerk/Treasurer