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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 ORDINANCE NO. 4944 AN ORDINANCE WAIVING THE REQUIREMENTS OF §34.27, CODE OF FAYETTEVILLE AND APPROVING A REAL ESTATE SALES CONTRACT WITH HABITAT FOR HUMANITY OF WASHINGTON COUNTY, INC. IN THE AMOUNT OF $152,000 FOR THE PURCHASE OF EIGHT ACRES SOUTH OF HUNTSVILLE ROAD AND SEVEN HILLS TRANSITIONAL HOUSING; AND DESIGNATING A PORTION OF THE REMAINING ACREAGE SOUTH AND EAST OF THIS PARCEL AS PASSIVE GREENSPACE OR PARKLAND BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: . Section 1: That the City Council of the City of Fayetteville, Arkansas hereby waives the requirements of § 34.27, Code of Fayetteville, and approves a Real Estate Sales Contract with Habitat For Humanity Of Washington County, Inc. in the amount of $152,000.00 for the purchase of eight acres south of Huntsville Road and Seven Hills Transitional Housing. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. The Engineering and Planning Divisions may authorize credits to Habitat against the purchase price for the fair value of storm water management features in excess of normal code requirements and educational demonstration projects to spur innovation and increased efficiency for other developers in the storm water management area. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby designates a portion of the remaining acreage south and east of this parcel as passive greenspace or parkland to be developed after consultation among Habitat for Humanity of Washington County, Inc., the City Parks Department and the Parks and Recreation Board. A portion of the consideration to purchase the eight acres may include design and development of this parkland by Habitat and its development partner. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor and City Clerk to execute said contract with Habitat for Humanity of Washington County, Inc. PASSED and APPROVED this 7th day of November, 2006. APPROV D: ATTEST: _ n By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk 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 Engineer and 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. 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 By: Date: Attest: Sondra mith, City Clerk Date: /l /t'≤/O& HABITAT FOR HUMANITY OF WASHINGTON COUNTY, INC. By: PATSY BR ER Executive Director Date: /D -.ZS-t) la Date: l'D "off'c'Qb 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 o `—d' ay of October, 2006. `ycau mJtkAlir NOTARY Notary Public My Co fissiion'Expires: ,. PUBO0 T lr o2O t �i C>t�iter p-1-Zk 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 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. i WITNESS my hand and seal on this IS My Commission Expires: {� h, r 'F y . j:' 1' f '. 4.. n ♦ tr I. I x ' i '.I DISCLOSURE OF CLOSING AND SETTLEMENT RISK WAIVER (Pursuant to Public Act 684) Issued By: (the "Company) Policy issuing Agency/Agent: Fidelity National Title Insurance Company Heritage Land Title of Arkansas Attn: Claims Department 2153 E. Joyce Blvd. Ste 201 P.O. Box 46023 Fayetteville, AR 72703 Jacksonville, FL 32232-5023 To: (Insert Buyer Name & Current Address) To: (Insert Sellers Name & Address) i+Uf for Nurr+ani31 Purchasing the property identified as: (Insert address or a brief description: CkcrreS 6 Pursuant to the requirements of Public Act 684 and Rule 87, notice is hereby given that closing protection letter coverage is available to you for your protection by the Company as part of the above proposed transaction. ' ANOCLOSING PROTECTION LETTER IS REQUESTED. The Company is not viding any protection to you for closing or settlement funds received by it, or its policy issuing agency or agent. ❑ YES, CLOSING PROTECTION LETTER IS REQUESTED. The Company will provide you with protection for closing or settlement funds received by it, or its policy issuing agency or agent at a cost of $25.00 per letter, as set forth by statute. Waiver This is to certify that the foregoing election of a closing protection letter has been offered to me, and that I understand that the title insurer may or may not provide any protection to me for closing and settlement funds received by it, or its policy issuing agency or gent upon the selection made by me. n By: I1[% . B BuyerVy: Seller ame By: BY: Buyer Name . Seller Name Date: INFORMATION FOR REAL ESTATE 1099•S REPORT FILING as required by the Internal Revenue Service SOLICITATION Section 6045 of the Internal Revenue Code, as amended by the Tax Return Act of 1986, requires the reporting of certain information to the IRS on real estate transactions. The information may also be sent to other third parties. You are required by law to provide the settlement agent with your correct Taxpayer Identification Number. If you do not provide the settlement agent with your Taxpayer Identification Number, you may be subject to civil or criminal penalties as Imposed by law. File Number: 31359 Taxpayer ID Number: Taxpayer ID Type: Business Name: City of Fayetteville, Arkansas Mailing Address: TRANSACTION INFORMATION I. Closing Date: 2!1412008 Contract Sales Price: $152,000.00 County, city, and school taxes paid in advance by seller, charged to buyer: Description of Property: Hunliville Rd., Fayetteville, AR Has the seller received (or will receive) property other than cash and consideration treated as cash or services as part of the consideration for this transaction? No If multiple sellers- Request is hereby made that you allocate the sales price among the sellers: City of Fayetteville, Arkansas -$152,000.00 If multiple sellers- Request is hereby made that you allocate the seller tax credit among the sellers: CERTIFICATION Under penalty of perjury, I certify that the number shown on this form is my correct Taxpayer Iden ' ation Number. I also certify that the other information shown herein is correct. I acknowledge receipt of a copy of th. Date: Signature SETTLEMENT AGENT INFORMATION (to be completed by settlement agent) Name: Heritage Land Title of Arkansas 2153 E. Joyce Blvd. Ste 201 Fayetteville, AR 72703 Phone: (479) 442-6400 Taxpayer ID Number: 71-0728029 SUBSTITUTION FORM 1099 This is important tax Information and is being furnished to the Internal Revenue Service. If you are required to file a return, a negligence penalty or other sanction will be imposed on you if this item is required to be reported and the IRS determines that it has not been reported. Fidelity National Title Insurance Company COMMITMENT SCHEDULE A Case No. 31359 1. Effective Date: February 11, 2008 at 7:00 AM 2. Policy or Policies to be issued: (a) © ALTA Owner's Policy —06/16/06 Amount $152,000.00 Proposed Insured: Habitat for Humanity of Washington County, Arkansas, Inc., a non-profit corporation (b) 17 ALTA Loan Policy —06116106 Amount $20,000.00 Proposed Insured: Arvest Bank, its successors and/or assigns as their interests may appear. 3. Title to the Fee Simple estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: City of Fayetteville, Arkansas, a municipal corporation 4. The land referred to in the Commitment is described as follows: SEE ATTACHED EXHIBIT A Notice To The Insured: Please read the exceptions and the terms shown or referred to herein carefully. The exceptions are meant to provide you with notice of matters that are not covered under the terms of the title insurance policy, and should be carefully considered. This report is a written representation as to the condition of title for purposes of providing title insurance and lists all liens, defects, and encumbrances affecting title to the land that are filed of record. No title insurance agent or any other person other than a licensed Arkansas attorney may provide legal advice concerning the status of title to the property described in the title commitment Herita a Land Title of Arkansas By: Countersigned at Fayetteville, Arkansas Authorized Ag rn, A license #325418 Commitment No. 31359 This commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. Schedule A consists of 2 page(s) Fidelity National Title Insurance Company COMMITMENT SCHEDULE A Case No. 31359 EXHIBIT A A part of the E% of the NE% of Section 22, T -16-N, R -30-W, Washington County, Arkansas, being more particularly described as follows: Commencing at the NW Corner of said 80 acre tract; thence along the West line of said tract S 02°42'46" W, 58.35 feet to the South right-of-way of Huntsville Road, said right-of-way being 45.00 feet Southerly of the existing centerline per easement plat 23A- 240; thence continuing along said West line S 02°42'46" W; 1,104.92 feet to the point of beginning; thence leaving said West line S 87°49'52" E, 238.90 feet; thence N 02°45'38" E, 201.20 feet to the South line of Zola Drive; thence along said South line S 87°0848" E, 14.96 feet; thence along the East line of said Zola Drive N 02°46'54" E, 479.61 feet; thence S 87°1306" E, 18.17 feet to the Easterly property line of a property described in instrument #2001-11773 with the Circuit Clerk of Washington County, Arkansas; thence along said Easterly line of said parcel S 09°53'23" E, 132.12 feet; thence continuing along said Easterly line S 82°38'23" E, 213.47 feet; thence continuing along said Easterly line S 02°14'18" W, 204.01 feet; thence leaving said Easterly line N 87°08'48" W, 143.27 feet; thence S 02°14'18" W, 1,088.14 feet to the centerline of the Old Pacific and Great Eastern Railroad right-of- way; thence along said centerline N 83°15'47" W, 382.72 feet to the West line of said 80 acre tract; thence leaving said centerline and along said West line N 02°42'46" E, 726.11 feet to the point of beginning, containing 8.818 acres, more or less. Subject to a 30.00 foot Ingress/Egress Easement described as follows: A part of the E'/2 of the NE% of Section 22, T -16-N, R -30-W, Washington County, Arkansas, being more particularly described as follows: Commencing at the NW Corner of said 80 acre tract; thence along the West line of said tract S 02°42'46" W, 58.35 feet to the South right-of-way of Huntsville Road, said right-of-way being 45,00 feet Southerly of the existing centerline per easement plat 23A-240; thence continuing along said West line S 02°42'46" W, 1,104.92 feet; thence leaving said West line S 87°49'52" E, 238.90 feet; thence N 02°4538" E, 201.20 feet to the South right-of-way of Zola Drive; thence along said right-of- way line S 87°08'48" E, 14.96 feet to the point of beginning; thence along the West right-of-way line of said Zola Drive N 02°4654" E, 30.00 feet; thence leaving said. right-of-way line S 87°08'48" E, 119.55 feet; thence S 02°14'18" W, 30.00 feet; thence N 87°0848" W, 119.84 feet to the point of beginning, containing 0.082 acres, more or less. This commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. Schedule A consists of 2 page(s) Fidelity National Title Insurance Company COMMITMENT SCHEDULE B o Section I Requirements The following are the requirements to be complied with: . Item a) Furnish this office with proof of tract (lot) split approval from the Washington County, Arkansas, Planning Office and/or any city, town, or municipal body. Item b) File a Warranty Deed from the City of Fayetteville, Arkansas, a municipal corporation, executed by the authorized officer(s) thereof, to Habitat for Humanity of Washington County, Arkansas, Inc., an Arkansas Non -Profit corporation. Item c) Payment of 2007 Real Property taxes, which are now due but not payable until March 1, 2008, as follows: Parcel Number: 765-15079-000 Est. Amount Due: $25.80 Est. Valuation: $500.00 Millage Rate: .0516 School District: 011 Note: the above parcel contains a larger tract of land from which subject property has been carved. Item d) Return the attached Buyers/Sellers Affidavit and Indemnity Agreement, executed by all the buyers and sellers of subject property. Note: 2006 Real Property taxes have been paid as. follows: Parcel Number: 765-150797000 Amount Paid: $26.35 Valuation: $500.00 Millage Rate: .0527 Date Paid: 10/05/07 Receipt Number: 108233 Note: the above parcel contains a larger tract of land from which subject property has been carved. Case No. 31359 Commitment No. 31359 This commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. Schedule 61 consists of 1 page(s) Fidelity National Title Insurance Company COMMITMENT SCHEDULE B - Section II Exceptions The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company. p 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment ' 2. Rights or claims of parties in possession, easements, rights -of -way, and/or claims not shown by the public records, boundary line disputes, overlaps, encroachments and any matter not of record which would be disclosed by an accurate survey and/or inspection of the subject property. The area or content of the subject property is neither guaranteed nor insured. 3. Any lien or rights to a lien for services, labor or material, heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. Real property taxes and special assessments for the year 2007 and all subsequent years. 5. Any mineral interests in the subject property including ownership, leasing or any other matter concerning mineral interests or the effect of said mineral interests on the surface rights. 6. Loss arising from security interests evidenced by financing statements filed of record under the Uniform Commercial Code. 7. Judgment liens and other liens of record in any United States District Court or Bankruptcy Court. 8. Any loss arising from failure to comply with tract/lot split approval requirements of the Washington County, Arkansas, Planning Office, and/or any city, town, municipal and/or governmental body. 9. All facts disclosed on a plat of survey by of Lot Split by the City of Fayetteville Engineering Division dated January 14, 2008 designated Project Habitat for Humanity, including, but not limited to, the following: a) The variation in the location of the fence lines not being on the property lines. b) 30.00 foot ingress, egress and utility easement traversing subject property from East to West. c) 8 inch sanitary sewer line traversing subject property from East to West. d) 20 foot waterline easement traversing subject property.on the Northeast side recorded as land document #2002189439. e) 30.00 foot drainage easement along the Northeast side of subject property recorded as land document #2002006358. f) All that part of subject property contained in a Zane "A" floodplain along the East side. Case No. 31359 Commitment No. 31359 This commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. Schedule 82 consists of 1 page(s) ,.. t Part of Parcel No. 765-15079-000 ppp �rympml'p��pm�pmllp�pp�p�p�pm I' WARRANTY DEED Doe 10' 012021260001 TVDOEL Doc I0: TYOe: REL Recorded: 02/15/2008 at 04:15:18 PM BE IT KNOWN BY THESE PRESENTS: Fee Amt: $15.00 Pace I of 1 Yashinaton County. AR THAT the City of Fayetteville, Arkansas; a municipal corporation, hereinafter Bette stamoo Circuit Clerk called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other F11e2008"00005117 good and valuable consideration, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey unto Habitat for Humanity of Washington County, Arkansas, Inc., a non-profit corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, the following described land situated in the County of Washington, State of Arkansas, to -wit: A part of the East Half (E Y2) of the Northeast Quarter (NE Y.) of Section Twenty-two (22), Township Sixteen (16) North, Range Thirty (30) West, of the Fifth (5t) Principal Meridian, being more particularly described as follows: Commencing at the Northwest comer of said Eighty (80) acre tract; thence along the West line of said tract South 02°42'46" West 42.71 feet to the South right-of-way of Huntsville Road, said right-of-way being 59 feet in width per Fayetteville Master Street Plan, Resolution Number 161-67; thence continuing along said West line South 02°42'46 West 1120.56 feet to the POINT OF BEGINNING; thence leaving said West line South 87°49'52 East 238.90 feet; thence North 02°45'38' East 201.20 feet to the South line of Zola Drive; thence along said South line South 87°08'48" East 14.96 feet; thence along the East line of said Zola Drive North 02°46'54" East 479.61 feet; thence South 87°13'06" East 18.17 to the Easterly property line of a property described in Instrument Number 2001-11773 with the Circuit Clerk of Washington County. Arkansas; thence along said Easterly line of said parcel South 09°53'23" East 132.12 feet; thence continuing along said Easterly line South 82°38'23" East 213.47 feet; thence Continuing along said Easterly line South 02°14'18" West 204.01 feet; thence leaving said Easterly line North 87°08'48" West 143.27 feet; thence South 02°14'18" West 1088.14 feet to the centerline of the Old Pacific and Great Eastern Railroad right- of-way; thence along said centerline North 83°15'47' West 382.72 feet to the West line of said Eighty (80) acre tract; thence leaving said centerline and along said West line North 02"42'46" East 728.11 feet to the Point of Beginning, containing 8.618 acres, more or less. (Shown as Tract 'C" on Lot Split recorded In Instrument No. 2008-00001953.) TO HAVE AND TO HOLD the said lands and appurtenances hereunto belonging unto the said Grantee and Grantee's successors and assigns, forever. And the said Grantors, hereby covenant that they are lawfully seized of said lands and premises; that the same is unencumbered, and that the Grantors will forever warrant and defend the title to the said lands against all legal claims whatever. WITNESS the execution hereof on this 14 day of r`--brt'a n'l , 2008. City of Fj�yyeeHevllle, Arkansas, A mun{Elolal corporation By: ATTEST: wncwur, ,.,oj &p Sohdra Smith, City Clerk [SEAL) ACKNOWLEDGMENT STATE OF ARKANSAS as. COUNTY OF WASHINGTON 19 605 BE IT REMEMBERED, that on this date, before the undersigned, a duly comiifissioned 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. 14 WITNESS my hand and seal on this 1 day of jhiva 2008. MY COMMISSION EXPIRES: flFFlClALSAL Nota u lie ELIZABETH A. GUINN NOTARY PUBLIC. ARKANSAS WASHINGTON COUNTY COMMISSION EXP. 0910112014 91359 e$ ---------- — - - RECEIVED AUG05 5 2008 CITY OF FAYETTEVILLE CITY CLERKS OFFICE 2/14/088:47 AM nMR Mn oaro-lonn A. U.S. Departmer. Housing and Urban Development Settlement Statement .6. Type of Loan 1, I 1 FHA 2.1 1 FMHA 3.11 Conn. Unins. 4. VA 5. Conv. Ins. Other. 6. File Number 7. Loan Number 31359 8. Mortgage Ins. Case No. C. Note: This form Is furnished to give you a statement at actual settlement costs. Amounts pain to and by the settlement agent am shown. Items marked CPOC9 were paid outside the closing: they ate shown hem for Information pumoses and are not included M the totals. D. Name of Borrower. Habitat for Humanity of Washington County, Arkansas, Inc. E. Name of Seller. City of Fayetteville. Arkansas TIN: F. Name of Lender, Arvest Bank, P.O. Box 1327, Fayetteville, AR 72702 G. Property Loaton: 8.16 acres of of the E 1/2 of the NE, Section 22-16-30 Huntsville Rd., Fayettevlli9, AR H. Settlement Agent: Heritage Land Title of Arkansas (479) 442-6400 TIN: 71-0728029 Place of Settlement 2153 E. Joyce Blvd, Suite 201. Fayettevlle, AR 72703 I. Settlement Date: 21142008 Proration Date: 2/142008 "k`I�J�NSu1r'ima""' orrtti"w`e �Tra7is5ct� -*` ` `7� ^'-' ^� ' '1C5Summa `of"S9'ller's 7rari``Mi: n _ ' 100. Gross amount duo from borrower, 400. Gross amount due to Seller. 101. Contract Sales price 152,000.00 401. Contract sales price 152,000.00 102. Personal property402. Personal property 103. Settlement charges to borrower (fine 1400) 1,491,77 403. IDS, 404. 105. 405. n'+4 r .+!..] r c8- 'I `a,w h`f .-.w / n�ryx✓Jyal, /�fUsbnents"9orltema paid by3selle�Y�hat�`ehce,r�'�^yy�yq-��.y�z„wR,fy rv.rr ,a+n-fj ,.,s i Ai�Ns�llBnlslomlam6baiNLy e}r lnedvence -C 106, City/lawn taxes 406. CI /town taxes 107. County taxes 407. County taxes 108. Assessments 408. Assessments '109. 409. 110. 410. 111. 411. 112. 412. 120. Gross amount due from borrower. 153.491.77 420. Gross amount due to seller. 152,000.00 200'e'A rt(dd(11kS(ialtl',p0)'ili�t�ll H,6t m'e',�bofyi1?RL?!'t4�('s"i°.' r'-'-Fr47S00,'Fetliicgo'r1'(4�E 11i?T((d0e,10 sEII0PJs :an « G�� .,'.. -...:::. 201. De sit or earnest money 501. Excess deposit (see Instructions 202. Pilnclpai amount of new loan(s) 502. Settlement charges to seller (fine 1400) 501.60 203. Existing loon(s) taken subject to 603. Existing loan(s) taken subject to 204. 604. Payoff of first mortgaoe loan 206. Loan Proceeds 11.488.75 605. Payoff of second more age loan 206. CDBG 90.000.00 506. 207. Credit from City of Fayetteville 52,000.00 607. Credit from City of Fayetteville 52,000.00 208. 508. 209. 608. p'�/� „y, A!q!'.6im��{erla'7LI�ep165�1P.5•h�Jl.'�l�le�rl�e�ei'�f .K' 9 m'e't*,,-w'F,y i` �'.a* iCBju$6ne0TaT(or,lCelq�i`.un_6aY_tl_�b setl€r iY of?��_m .. .., . . 3l, 610. CItyROAm taxes 210. CltyAown taxes 211. County taxes 1112006 to 2/142008 3.02 611. County taxes 1112008 to 2/1412008 3.02 212. Assessments 512. Assessments 213, 513. 214. 514. 215. 515. 216. 516. 217. 617. 218. 618. 218. 619. 220. Total paid bylfor borrower. 153,491.77 520. Totalreductlon In amount due Seller 52.504.62 GgFE�a`'K,a3tllellenrh`oof'i?'..ay ObiCesh''`ref'Mf�¢niYo3frnf'se11e`r!. _". .. 301. Gross amount due from borrower (line 120) 153,491.77 601. Gross amount due to seller (line 420) 152,000.00 302. Less amount paid by/for borrower (line 220) 153,491.77 602. Less total reduction In amount due soller(line 520) 52,504.62 303. CASH ()FROM OTO BORROWER 0.00 603. CASH ()FROM (A)TO SELLER 99,495.38 SUBSTITUTE FORM 1069 SELLER STATEMENT -The btonnrbn contehed In Bbcks E. GAn d I and on me am or, rifle auo o amemkov. ..,ca .ua mN ...y and 408-412 (applicable pan of buyers reel estate tax aponess to the IRS) Is bnponenl lox hiormelbn and 15 being Nmlahed to the Internal Revenue Service. II you are required to 6e a return, a negtlgence penalty or other sandbn v.11 be Imposed on you 9 thb hem a requl'ed to be reported and the IRS determhes that b has not been reported. SELLER INSTRUCTION - If the real estate was your prhtlpal reseence, fde form 2119. Said or Exchange of Prinebei Reatlence. for any gah, wth your income tar return: for other vensadbns. complete the applicable parts olform 4797, Form 6252 and/x Schedule 0 (Form 1040). Buyers): Habitat For Humanity of Washington County, AR D,cd6?:y / Patsy Brewer. cutive Director Seller(s): City of Fayetteville. Arkansas. a municipal corporation '!:�'?a'%LT ySeltlBmen3:GBB-';1"r`13fi✓'"..Fvk .;c � 7B70QdLM7 AM'-i/�k.`.':'s'�.'t.?'..k vT»` a.`' 700. Total stesfroker commission Division of commbsion (Rae 700) as follows: f -, iil6:NGtnNr.,3j3S9.;„ '; Paid From Borrowers Funds at Settlement Paid From. Severs Funds at Settlement 701. S 702. $ 103. Commission paid at settlement 701 801. Loan origination an 802. Loan discount 603. Appraisal fee 504. Credit report 805. Lenders inspection fee 806. Mortgage insurance aDacetain fee 607. Assumption roe 808. Flood Certification to Arvest Bank 25.00 806. Future Release Fee to Arvesi Bank 30.00 810. Processing Fee to Arvesi Bank 75.00 811. Tax Service Fee - 812. Doc Prep Fee 813 816. 000'?'(artw'?fe0uire'a:'M�9e'ntleF,idS6DaTdTn':5'U(%ence� x.`;,�,:sizY.w.,i/?.i: :'�=,tw,-' ."a..S: y.«v ri.s 801. Interest from 902. Mortgage Insurance premium for 803. Hazard Insurance premium for 804. 905. 1x001Y�,"/.R9E6`Na?frd¢pb9itef1,41161j�andelt n}e'ajy',.'�' j!.t "�1Ti�ti'. +�s .r''✓47571 t1 +/ t no .. ter_., 1001. Hazard insurance 1002. Mortgage Insurance 1003. CI m rty taxes 1004. County taxes 1005. Annual assessments (main. 1006. 1007. 1006. 1006. Aggregate Adlusbnent - 10D ;41Q{7 as. r« i4.' ' aR�Sa",$4'n'r:S 'a w. ". n'w " wd�rSitl'w • w3 rl'fia i R;7, r::! 1101. Endeament or closing fee to Heritage Lend 11e of Arkansas 175.00 175.00 1102. Abstract or We search to Heritage land TNe of Anensas 50.00 50.00 1103. The examination 1104. Tllb insurance binder 110$. Document preparation 1108. Notary fees 1107. Attorneys fees to InWdes above Items no.: 1108. Title Insurance to Hers. a Land Tlik & Fidelity Natt. Title or Souther 887.10 Includes above Sams no.: 1109, Lenders covers a $20,000.00 1110. Owners coverage 5152.000.00 $887.10 1111. Owners Enhanced Policy to Heritage land Title of Arkansas 61.28 1112. Delivery & Handling Fees 1113. Clo&ng Protection Letter Fee 1114. Title Discount to Habitat ror Humanity of Washington County, Arkin (167.42) 130a'li�'Oa'v,E".rh_mad[kf:_�ki9oae.�naie're%ia"fse"s�$a++';••"7a:�w�rTn+"aiiq,�.?v.,. nrs.on/+�;vc•v.'F...x.;w..:- 1201. Recording fees; Deed 525.00 Mortgage 560.00 85.00 1202. C/county tax/stamps: 1203. State lax/stamps: Deed $501.00 250.80 250.60 1201 1205. 1206. iS403e$'rX'ddl6afial"stftllah56nCdigID-cre,°t;!'`-''vi -:�'7 0 �:�)z .• .- M -S A Vlt]{ VIb .. �jeT l ..Y L12Y ,�. S rl. ...3L. :"..I/ fY ♦l / ;;:;, t'' 1301. SurVey 1302. Post Inspection 1303. 1301. Est 2007 R/E taxes due A765-150'to Washington County Tax Coeector 25.80 1305. 1600. Total settlement charges (entered on Ores 103, section J and 502, section K) 1 491.77 501.6D SELLER WSTRUCTON-a OS ntl nisews, tarprMptl rss nce.6Mbm 2119. SS or Exchange of PMcb&Re.Hence. twat' gah, wM yew hcane lax rel=: MMau sadln, conOMe the appfce6b pub of bin s]T. Fam 6252 m4ly 6derela D (Tam 1010y You en seabed by bsreprovide Nudsge LaMTflb of ar as(47%xa2b1W with yew mneJ taSperm kbnl6keln,mnber. sins do rd pn/He Hulbgn Land TXb of AMneae (RaiM2b4Mwt you cants ImPM. NaMHalbn ^weber. you may W Inject a cM or aMN& peronbs. Buyer(.): Habitat For Humanity of Washington County, AR Seter(e): CERTIFICATION I have carefuly reviewed the HUD -1 Settlement Statement and to the best of my knowledge end belief, It Is a true and accurate statement of all receipts and disbursements made on my account or by me In this transaction. I further certify that I have received a copy of the HUD -1 Settlement Statement SELLER'S AND/OR PURCHASER'S STATEMENT Sellers and Purchaser's signature hereon acknowledges hisltheir approval of tax proration and signifies their understanding that prorations were based on taxes for the preceding year. or estimates for the current year. and In the event of any change for the current year. all necessary adjustments must be made between Seller and Purchaser, likewise any default in delinquent taxes will be reimbursed to Title Company by the Seller. Title Company. In Its capacity as Escrow/Settlement Agent, is and has been authorized to deposit all funds It receives In this transaction In any financial institution, whether affiliated or not. Such financial institution may provide The Company computer accounting and audit services directly or through a separate entity which, If affiliated with Title Company, may charge the financial institution reasonable and proper compensation therefore and retain any profits therefrom, Any escrow fees paid by any party Involved In this transaction shall only be for checkwritlng and Input to the computers, but not for aforesaid accounting and audit services. Title Company shall not be liable for any Interest or other charges on the earnest money and shall be under no duty to invest or reinvest funds held by it at any time. Sellers and Purchasers hereby acknowledge and consent to the deposit of the escrow money In financial institutions with which Title Company has or may have other banking relationships and further consent to the retention by Title Company andior Its affiliates of any and all benefits (Including advantageous Interest rtes on loans) Title Company and/or Its affiliates may receive from such financial institutions by mason of their maintenance of said escrow accounts. The parties have read the above sentences, recognize that the recitations herein am material, agree to same, and recognize Title Company Is relying on the same. Buyer(s): Seller(s): Habitat For Humanity of Washington County, AR Pa y Brewer, recutNe Director City of Fayetteville, Arkansas, a municipal corporation ESCROW I SETTLEMENT AGENT CERTIFICATION To the best of my knowledge, the HUD -1 Settlement Statement which I have prepared Is a true and accurate account of the funds which were received and have been or will be disbursed by the undersigned as part of the settlement of this transaction. ... �LGie I: i ���a. a� A c2 j4.o2 Date 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 and imprisonment. For details see: Title 18: U.S. Code Section 1001 and Section 1010. Heritage land The of Arkansas. 2153 E. Joyce efrd, SWIe 201 FeyeUvice. Arkansas 72703 SELLERSIBUYERS AFFIDAVIT AND INDEMNITY AGREEMENT BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC, PERSONALLY APPEARED THE PERSONS WHOSE NAMES ARE SUBSCRIBED BELOW, AND THEY, AFTER HAVING BEEN DULY SWORN, MADE THE FOLLOWING REPRESENTATIONS, STATEMENTS AND ASSERTIONS AND SWORE THEM TO BE TRUE AND CORRECT TO THE BEST OF THEIR KNOWLEDGE AND BELIEF EXCEPT TO THE EXTENT MODIFIED OR EXCEPTED TO IN PARAGRAPH 14 BELOW: 1. The property that is the subject of this sale is in Washington County, Arkansas, and is more particularly desalted as follows: As Per Commitments #31359 hereinafter referred to as 'THE PROPERTY'. 2. The people signing below that are identified as "SELLERS" are all the sellers and the only ones needed to transfer tine to the property. 3. The people signing below that are identified as "BUYERS" are all the Buyers of the property. 4. A8 persons signing this document are adults and free from legal disability. 5. The SELLERS and the BUYERS are the only persons in possession of the property. 6. There are no leases or rental agreements in effect on the property. 7. There has been no labor, materials or services provided to improve the property for which payment has not been made. 8. There are no security interests in effect on the property or on any personally on the property. 9. There are no judgments, executons, attachments, pending litigation or proceedings of any kind in any court, including any bankruptcy court affecting the property or any one signing this document. 10. There are no contracts of sale, purchase agreements or escrow agreements in effect involving this property except for the one, if any, between the parties signing this Affidavit. 11. There are no unpaid local, state a federal taxes due any taxing authority or improvement district due from any person signing this document which might result in a ten on the property. 12. No instruments have been filed of record since the opening of the be order in connection with which this document is being signed. 13. There is no unpaid alimony or child support which might become a lien on the property. 14. Each of us has read over the foregoing representations, statements and assertions, and a0 of them are correct and none need be changed except the following: Paragraph # Correction, Addition or Moddication: Our Initials 15. Each of us covenants and agrees to cooperate in correcting any mistakes or omissions inadvertently made in the dosing for which this Affidavit and Agreement was signed. They agree that the Agreement win survive the dosing of the transaction. 16. That we as the BUYERS of the property certify that we understand we will be receiving a Owner's Policy of TrUe Insurance in the amount of $152,000.00 which win be issued by Heritage Land The of Arkansas AND Fidelity National Title Insurance Company and that we have received a copy of the Title Insurance Commitment to insure and have had an opportunity to review and have had our questions about It answered and are aware of the exceptions contained therein. REAL PROPERTY TAX INDEMNITY AGREEMENT Whereas, Heritage Land Title of Arkansas, hereinafter "CLOSING AGENT", is collecting prorata from the SELLER and crediting the BUYER the funds to pay real property taxes for tax year 2008. Whereas, CLOSING AGENT'S Information regarding said taxes is based on figures obtained from the Assessor'siCollector's office in the county in which the subject property is located, and said information available at the time of dosing of the transaction is on some occasions only an estimate of the taxes for the parcel of real property. Now, therefore, In consideration of CLOSING AGENTS dosing this transaction for BUYER and SELLER based on the information available to CLOSING AGENT, the BUYER and SELLER agree with the CLOSING AGENT as follows: Page 2- Affidavit and Indemnity Agreement 1. In the event the funds collected by or prorated by CLOSING AGENT from BUYER and/or SELLER to pay taxes for the year referenced above, as shown on the closing statements for BUYER and SELLER herein, are not sufficient to pay in full the actual real property taxes for said calendar year, the BUYER and SELLER agree to hold the CLOSING AGENT harmless from any claims or demands from any lending Institution or other entity for the payment of said [axes. 2. If CLOSING AGENT is required to advance any of its own funds to pay said taxes, the BUYER and SELLER will reimburse CLOSING AGENT for any such funds so advanced by CLOSING AGENT. 3. The BUYER and SELLER will make a pro -rata payment of said taxes based on the same percentage reflected in their respective dosing statements regarding this transaction when advised by CLOSING AGENT that the funds collected at dosing for the payment of said taxes were not sufficient to pay same. 4. This agreement shall be binding on the heirs, successors and assigns of the parties hereto. The undersigned execute this document and make the representations contained herein for the purpose of indudng Heritage Land This of Arkansas and Fidelity National Title Insurance Company, to insure the fife in and to the property for the purchaserslmortgagors named below and for the mortgagee that may be named in the title commitment referenced above, and wanant that the statements of fad contained herein are true and coned. In consideration of the issuance of titre insurance under the auspices of Fidelity National Title Insurance Company and Heritage Land This of Arkansas, each of the undersigned agree to indemnify and hold harmless Fidelity National Title Insurance Company and Heritage Land Title of Arkansas, against all loss a expenses on account of any misstatement of fact. The indemnification obligation shall extend to include the expenses of enforcing this agreement including a reasonable attorneys fee. In wibess whereof, the parties hereunto set their hands and seals this A day of February, 2008. SELLERS: City of BUYERS: Habitat for Humanity of Washkrgt6n County, Arkansas, Inc. Patsy Brewerjtxecutive Director ACKNOWLEDGMENT State of Arkansas )as. County of Washington SUBSCRIBED AND SWORN TO BEFORE ME, A NOTARY PUBLIC IN AND FOR THE COUNTY AND STATE AFORESAID, ON THIS DAY OF February, 2008. OFFICIAL MY COMMISSION EXPIRES: NOTq ay ABE7H qSG�� �PUBLIc WAS PU6LIC.AR NN OOMAI/SS�pG7pN COUN NSAS N fXP, 9/01/2014 Part of Parcel No. 765-15079-000 WARRANTY DEED 1111101111111 III 11111 liii iii 11111 '111111 iii Doe ID: 012021260001 Tvoe: REL Recorded: 02/15/2008 at 04:15:18 PM BE IT KNOWN BY THESE PRESENTS: Fee Amt: $15.00 Pace I of I Vashinaton County. AR Bette Stamps Circuit Clerk THAT the City of Fayetteville, Arkansas, a municipal corporation, hereinafter 2008u0000 8-0000 5 117 called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other File J good and valuable consideration, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey unto Habitat for Humanity of Washington County, Arkansas, Inc., a non-profit corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, the following described land situated in the County of Washington, State of Arkansas, to -wit: A part of the East Half (E 'I,) of the Northeast Quarter (NE '/) of Section Twenty-two (22), Township Sixteen (16) North, Range Thirty (30) West, of the Fifth (5th) Principal Meridian, being more particularly described as follows: Commencing at the Northwest comer of said Eighty (80) acre tract; thence along the West line of said tract South 02°42'46" West 42.71 feet to the South right-of-way of Huntsville Road, said right-of-way being 59 feet in width per Fayetteville Master Street Plan, Resolution Number 161-67; thence continuing along said West line South 02°42'46 West 1120.56 feet to the POINT OF BEGINNING; thence leaving said West line South 87°49'52 East 238.90 feet; thence North 02°45'38" East 201.20 feet to the South line of Zola Drive; thence along said South line South 87°08'48" East 14.96 feet; thence along the East line of said Zola Drive North 02°46'54" East 479.61 feet; thence South 87°13'06" East 18.17 to the Easterly property line of a property described in Instrument Number 2001-11773 with the Circuit Clerk of Washington County, Arkansas; thence along said Easterly line of said parcel South 09°53'23" East 132.12 feet; thence continuing along said Easterly line South 82°38'23" East 213.47 feet; thence continuing along said Easterly line South 02°14'18" West 204.01 feet; thence leaving said Easterly line North 87°08'48" West 143.27 feet; thence South 02°14'18" West 1088.14 feet to the centerline of the Old Pacific and Great Eastern Railroad right- of-way; thence along said centerline North 83°15'47" West 382.72 feet to the West line of said Eighty (80) acre tract; thence leaving said centerline and along said West line North 02°42'46" East 728.11 feet to the Point of Beginning, containing 8.818 acres, more or less. (Shown as Tract "C" on Lot Split recorded in Instrument No. 2008-00001953.) TO HAVE AND TO HOLD the said lands and appurtenances hereunto belonging unto the said Grantee and Grantee's successors and assigns, forever. And the said Grantors, hereby covenant that they are lawfully seized of said lands and premises; that the same is unencumbered, and that the Grantors will forever warrant and defend the title to the said lands against all legal claims whatever. WITNESS the execution hereof on this 14 day of re-br a rN 2008. BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and Stung Notary ruouc wnnm aria 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 14 day of rua , 2008. MY COMMISSION EXPIRES: CFFICIALSEAL Nota lic ELIZABETH A. GUINN NOTARY PUBLIC . ARKANSAS WASHINGTON COUNTY 354 e� RECEIVED AUG 0 5 2008 -CITY OF FAYETTEVILLE CITY CLERKS OFFICE 2114108 8:47 AM OMB No. 2502-0265 A. U.S. Departmer. Housing and Urban Development Settlement Statement B. Type of Loan 1. [ 1 FHA ' 2. [ I FMHA 3. I] Conv. Unins. 4. ( ) VA 5. [ ] Conv. Ins. [X] Other. 6. File Number 31359 7. Loan Number 8. Mortgage Ins. Case No. C. Note: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked ("POC") were paid outside the closing: they are shown here for information purposes and are not included in the totals. D. Name of Borrower: Habitat for Humanity of Washington County, Arkansas, Inc. E. Name of Seller: City of Fayetteville, Arkansas TIN: F. Name of Lender: Arvest Bank, P.O. Box 1327, Fayetteville, AR 72702 G. Property Location: 8.18 acres of of the E 1/2 of the NE, Section 22-16-30 Huntsville Rd., Fayetteville, AR H. Settlement Agent: Heritage Land Title of Arkansas (479) 442-6400 TIN: 71-0728029 Place of Settlement: 2153 E. Joyce Blvd. Suite 201. Fayetteville, AR 72703 I. Settlement Date: 2/14/2008 Proration Date: 2/14/2008 :. \ •r 7w +":'n'mr. %fl rW t fi .c; ' CI'?.,'<i'AF K' "5 ^ ^ti'a4+ q, t`Y. Lt\:,p 'v 4„ y,y r;J.;5ummaty4of��orroweYs Tran#a , pn u t� �a .sshu > ">YCS- Y ✓ • , .. r.f ,,1,,Gx ' umma" 'YS:MM' Seller's Transactltin •s,.y A,. .,._-_ a . J.+\� It I 100. Gross amount due from borrower. 400. Gross amount due to seller: 101. Contract sales price . 152,000.00 401. Contract sales price 152.000.00 102. Personal property 402. Personal property 103. Settlement charges to borrower (line 1400) 1,491.77 403. 104. 404. 108, 405. e. I',YI \W ,YT , 1/14. r✓ .Myy Nilµ,:•, L✓\,qtr Ad�us(ments for itertis Dald by,selleY(�i a�fYahce,:=„>: ,.,,,, ,T,d rl .. `PII LJ-wr „y;,ay,��,.;-„_,.,;; 1n i" 4A0. Y .q .. \ 7�dI0s4rrr`nts fordems,p'aid by selleT,m;advartce 106. City/town taxes 406. City/town taxes 107. County taxes 407. County taxes 108. Assessments 408. Assessments 109. 409. 110. 410. 111. 411. 112. 412. 120. Gross amount due from borrower: 153,491.77 420. Gross amount due to seller: 152.000.00 2g0 nts115a;5;yinrbeh ltw elbo'f 'o4/e-"r,' t^?:;%� },&.r"+:^ X 500R"etlticpoh lo'amoti"ntAdue;tgeller ti ;,.; r,; ; ,--, -- - - 201. Deposit or earnest money 601. Excess deposit (see instructions) 202. Principal amount of new loan(s) 602. Settlement charges to seller (line 1400) 501.60 203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to 204. 504. Payoff of first mortgage loan 205. Loan Proceeds 11,488.75 505. Payoff of second mortgage loan 206. CDBG 90,000.00 506. 207. Credit from City of Fayetteville 52,000.00 507. Credit from City of Fayetteville 52,000.00 208. 608• 209. 509. .,", r ._:-•,•,.. z<., , ,.r•3 A310gV_repis\for. rnQUnp₹Ic1l, i e(li r ,,.`, rte: " •�r,F :'x. Skz ..• : xb r...� a . , .fl..,,, ..-. T ,.. D Y .. - :.. ad tf5lme T's4for•Ile s'sel(ey„ Y un 'aidb ;r_.�-._�,,.�. ...::,.: 210. City/town taxes 211. County taxes 1/1/2008 to 2/1412008 3.02 510. City/town taxes 511. County taxes 1/112008 to 2114/2008 3.02 212. Assessments 612. Assessments 213. 513. 214. 514. 215. 616. 216. 516. 217. 617. 218. 518. 219. 519. 220. Total paid by/for borrower. 153,491.77 520. Totalreduetlon in amount due seller: 52,504.62 310iaG`a`.h'1"`etli;lrient"'�rofnlid;;bprf`oWe�tn?'S`A'�",�„'_,,,s: �.,tc „f,V ; .a. fq I I' &rr ran j. \ - 6•. . 0 �Gashat'Sete(n�n't ioftrpFnselleP 301. Gross amount due from borrower (line 120) 153,491.77 601. Gross amount due to seller (line 420) 152,000.00 302. Less amount paid by/for borrower (line 220) 153,491.77 602. Less total reduction in amount due seller(line 520) 52,504.62 303. CASH ()FROM [)TO BORROWER 0.00 603. CASH [)FROM (X)TO SELLER 99,495.38 SUBSTITUTE FORM 1099 SELLER STATEMENT .me Information contained In Blocks E.G. Hanoi and on the 4u1 tor, if line ev 1 ,s dblurIsseu, Illia •.uo oily ,u,L _V. and 408-412 (applicable pan of buyers real estate tax reportable to the IRS) Is knponant tax information and Is being furnished to the Internal Revenue Service. If you are required to rile a return, a negligence penalty or other sanction will be Imposed on you R this Items required to be reported and the IRS determines that It has not been reported. SELLER INSTRUCTION • If Ihls real estate was your principal residence, rile foml 2119. Sale or Exchange of Principal Residence, for any gain, with your Income tax return; for other transactions, complete the applicable parts of form 4797, Form 6252 and/or Schedule D (Form 1040). Buyer(s): Habitat For Humanity of Washington County, AR (1 4'/ Patsy Brewer, E eutive Director Seller(s): City of Fayetteville, Arkansas, a municipal corporation • •'.1 a emen-. a &4 "%',.;•-9.%*et,✓+z;.y,,*•$` "i O5� 47, . -+:, , -'+ --... V:.:rFl, .• r. .. e, .. _.h •r .rv. jl ..N++. V t v,'. f_I 700. Total sales/broker commission Division of commission (line 700) as follows: File-Ntimber...3135g. - - • .-. Paid From Borrowers Fundsat Settlement Paid From. Sellers Fundsat Settlement 701. $ 702. $ 703. Commission paid at settlement 704. 600 . �p lera��.a - b.e`in'Conheci(o �v71 .,,Darr �.�'*Ktn°��.;5 r��' '��i33a��'�t'{A��`'E.. y�'�„f Y�^r "m y:,<•: t,a,; :;' rl . ._... 801. Loan origination fee 802. Loan discount 803. Appraisal fee 804. Credit report 805. Lenders Inspection fee 806. Mortgage Insurance application fee 807. Assumption fee 808. Flood Certification to Arvest Bank 25.00 809. Future Release Fee to Arvest Bank 30.00 810. Processing Fee to Arvest Bank 75.00 811. Tax Service Fee 812. Doc Prep Fee 813. 814. .. r< , 900'?f),^Ifemsii8qutredbylendeF,jo bE�p47.d-IF'Wli npe•, •,: ��'�• „^ `.+.: n 1.; , •. .�. .. . ... - ✓., n., •. ifY (��JY'L]r. V.. fPC V .' 5-., - .�:. y .... 901, Interest from 902. Mortgage insurance premium for 903. Hazard insurance premium for 904. 905. 1000r. R€se`rves•deposited#vNhllenderl,";;'ask;,,, ,,:' Z11:` , :e; .,, I :. 1001. Hazard insurance 1002. Mortgage insurance 1003. City property taxes 1004. County property taxes 1005. Annual assessments (maint.) 1006. 1007. 1008. 1009. Aggregate Adjustment 3�A;�eiEliar'es�o:��'5;Y�'�.�;l�xe'�':•` .%�IvT.r""���'�:u*��tt"u•Yr.fr ��,>re,•F'i:;'n','f`h�:•'r-.,•,., A. T '• l ) YlnM h Y.. 11 t M e.- s.... 1101. • Settlement or dosing fee to Heritage Land Title of Arkansas 175.00 175.00 1102. Abstract or title search to Heritage Land Title of Arkansas 50.00 50.00 1103. Title examination 1104. Title Insurance binder 1106. Document preparation 1106. Notary fees 1107. Attorney's fees to Includes above items no.: 1108. Title Insurance to Heritage Land Title & Fidelity Natl. Title or Souther 887.10 Includes above Items no.: 1109. Lenders coverage $20,000.00 1110. Owner's coverage $152,000.00 $887.10 1111. Owner's Enhanced Policy to Heritage Land Title of Arkansas 81.29 1112. Delivery & Handling Fees 1113. Closing Protection Letter Fee 1114. Title Discount to Habitat for Humanity of Washington County, Arkar (167.42) • ,l ,My \.)- e1, &.r11 -a s. -1 I Np . .•�AiS ,-,.Y^, Sj, IF,fRrR �VrV,Y \ ( ♦ /L.i RN .I f28d.•,�GoyernmenT4`ecordi0g:andyGan7er'hargeslvlP�.,esw-xl+Wl..rn..w,t ,.n.�•;l,',;FY�.�z...is-r ,n•»a<::r->a,•.- f . 1201. Recording fees: Deed $25.00 Mortgage $60.00 85.00 1202. Citylcounty tax/stamps: 1203. State tax/stamps: Deed $501.60 250.80 250.80 1204. 1205. 1206. .,, .. _. f .'. .. .. }500 ,f„Addifional settlement dlarges,, 1 �-a,_.,.�., �. .,?•xr ,d' - ,'c -j,, L cZ:� 1. t , .:.f ;.:s , ,.• r ...: : 1301. Survey 1302. Pest Inspection 1303. 1304. Est 2007 R/E taxes due 4765-150to Washington County Tax Collector 25.80 1305. 1400. Total settlement charges (entered on lines 103, section J and 502, section K) 1,491.77 501.60 SELLER INSTRUCTION - If this reel estate was your principal residence. file form 2119, Sale or Exchange a vnncgai nesnence, ior any gan. wmn yuu1 111{:u1uu lax ( V iup', for other transactions, complete the applicable pans of form 4797. Form 6252 and/or Schedule D (Form 1040). You are required by law to provide Heritage Land Title of Arkansas (479) 442.6400 with your correct taxpayer Identification number. if you do not provide Heritage Land Tile of Arkanas (479) 442.6400 with your correct taxpayer Identific ton rsx,ber, you may be subject to civil or crb, nal pennies. Buyer(s): Habitat For Humanity of Washington County, AR (Za1r 4& Patsy Brewer ecutlre Director Seller(s): City of Fayettevjlle, Arkansas, a municipal corporation Dan I have carefully reviewed the HUD -1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of the HUD -1 Settlement Statement. SELLER'S AND/OR PURCHASER'S STATEMENT Seller's and Purchaser's signature hereon acknowledges his/their approval of tax prorations and signifies their understanding that prorations were based on taxes for the preceding year, or estimates for the current year, and In the event of any change for the current year, all necessary adjustments must be made between Seller and Purchaser; likewise any default in delinquent taxes will be reimbursed to Title Company by the Seller. Title Company, in Its capacity as Escrow/Settlement Agent, is and has been authorized to deposit all funds it receives In this transaction In any financial institution, whether affiliated or not. Such financial institution may provide Title Company computer accounting and audit services directly or through a separate entity which, if affiliated with Title Company, may charge the financial institution reasonable and proper compensation therefore and retain any profits therefrom. Any escrow fees paid by any party Involved in this transaction shall only be for checkwriting and Input to the computers, but not for aforesaid accounting and audit services. Title Company shall not be liable for any Interest or other charges on the earnest money and shall be under no duty to Invest or reinvest funds held by it at any time. Sellers and Purchasers hereby acknowledge and consent to the deposit of the escrow money in financial Institutions with which Title Company has or may have other banking relationships and further consent to the retention by Title Company and/or Its affiliates of any and all benefits (including advantageous interest rates on loans) Title Company and/or Its affiliates may receive from such financial institutions by reason of their maintenance of said escrow accounts. The parties have read the above sentences, recognize that the recitations herein are material, agree to same, and recognize Title Company is relying on the same. Buyer(s): Habitat For Humanity of Washington County, AR Patsy Brewer, cecutive Director Seller(s): City of Fayetteville, Arkansas, a municipal corporation ESCROW I SETTLEMENT AGENT CERTIFICATION To the best of my knowledge, the HUD -1 Settlement Statement which I have prepared is a true and accurate account of the funds which were received and have been or will be disbursed by the undersigned as part of the settlement of this transaction. Date 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 and imprisonment. For details see: Title 18: U.S. Code Section 1001 and Section 1010. Heritage Land Title of Arkansas. 2153 E. Joyce Blvd, Suite 201 Fayetteville, Arkansas 72703 SELLERS/BUYERS AFFIDAVIT AND INDEMNITY AGREEMENT BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC, PERSONALLY APPEARED THE PERSONS WHOSE NAMES ARE SUBSCRIBED BELOW, AND THEY, AFTER HAVING BEEN DULY SWORN, MADE THE FOLLOWING REPRESENTATIONS, STATEMENTS AND ASSERTIONS AND SWORE THEM TO BE TRUE AND CORRECT TO THE BEST OF THEIR KNOWLEDGE AND BELIEF EXCEPT TO THE EXTENT MODIFIED OR EXCEPTED TO IN PARAGRAPH 14 BELOW: The property that is the subject of this sale is in Washington County, Arkansas, and is more particularly described as follows: As Per Commitments #31359 hereinafter referred to as "THE PROPERTY". 2. The people signing below that are identified as "SELLERS" are all the sellers and the only ones needed to transfer title to the property. — The people signing below that are identified as "BUYERS" are all the Buyers of the property. 4. All persons signing this document are adults and free from legal disability. 5. The SELLERS and the BUYERS are the only persons in possession of the property. 6. There are no leases or rental agreements in effect on the property. 7. There has been no labor, materials or services provided to improve the property for which payment has not been made. 8. There are no security interests in effect on the property or on any personalty on the property. 9. There are no judgments, executions, attachments, pending litigation or proceedings of any kind in any court, including any bankruptcy court affecting the property or any one signing this document. 10. There are no contracts of sale, purchase agreements or escrow agreements in effect involving this property except for the one, if any, between the parties signing this Affidavit. 11. There are no unpaid local, state or federal taxes due any taxing authority or improvement district due from any person signing this document which might result in a lien on the property. 12. No instruments have been filed of record since the opening of the title order in connection with which -this document is being signed. 13. There is no unpaid alimony or child support which might become a lien on the property. 14. Each of us has read over the foregoing representations, statements and assertions, and all of them are correct and none need be changed except the following: Paragraph # Correction, Addition or Modification: Our Initials 15. Each of us covenants and agrees to cooperate in correcting any mistakes or omissions inadvertently made in the dosing for which this Affidavit and Agreement was signed. They agree that the Agreement will survive the closing of the transaction. 16. That we as the BUYERS of the property certify that we understand we will be receiving a Owners Policy of Title Insurance in the amount of $152,000.00 which will be issued by Heritage Land Title of Arkansas AND Fidelity National Title Insurance Company and that we have received a copy of the Title Insurance Commitment to insure and have had an opportunity to review and have had our questions about it answered and are aware of the exceptions contained therein. REAL PROPERTY TAX INDEMNITY AGREEMENT Whereas, Heritage Land Title of Arkansas, hereinafter "CLOSING AGENT", is collecting prorate from the SELLER and crediting the BUYER the funds to pay real property taxes for tax year 2008. Whereas, CLOSING AGENT'S information regarding said taxes is based on figures obtained from the Assessor'slCollector's office in the county in which the subject property is located, and said information available at the time of dosing of the transaction is on some occasions only an estimate of the taxes for the parcel of real property. Now, therefore, in consideration of CLOSING AGENT'S dosing this transaction for BUYER and SELLER based on the information available to CLOSING AGENT, the BUYER and SELLER agree with the CLOSING AGENT as follows: Page 2 - Affidavit and Indemnity Agreement 1. In the event the funds collected by or prorated by CLOSING AGENT from BUYER and/or SELLER to pay taxes for the year referenced above, as shown on the closing statements for BUYER and SELLER herein, are not sufficient to pay in full the actual real property taxes for said calendar year, the BUYER and SELLER agree to hold the CLOSING AGENT harmless from any claims or demands from any lending institution or other entity for the payment of said taxes. 2. If CLOSING AGENT is required to advance any of its own funds to pay said taxes, the BUYER and SELLER will reimburse CLOSING AGENT for any such funds so advanced by CLOSING AGENT. 3. The BUYER and SELLER will make a pro -rata payment of said taxes based on the same percentage reflected in their respective dosing statements regarding this transaction when advised by CLOSING AGENT that the funds collected at dosing for the payment of said taxes were not sufficient to pay same. 4. This agreement shall be binding on the heirs, successors and assigns of the parties hereto. The undersigned execute this document and make the representations contained herein for the purpose of inducing Heritage Land Title of Arkansas and Fidelity National Title Insurance Company, to insure the tide in and to the property for the purchaserstmortgagors named below and for the mortgagee that may be named in the title commitment referenced above, and warrant that the statements of fact contained herein are true and coned. In consideration of the issuance of title insurance under the auspices of Fidelity National Title Insurance Company and Heritage Land Title of Arkansas, each of the undersigned agree to indemnify and hold harmless Fidelity National Title Insurance Company and Heritage Land Title of Arkansas, against all loss or expenses on account of any misstatement of fact. The indemnification obligation shall extend to include the expenses of enforcing this agreement including a reasonable attorneys fee. �I In witness whereof, the parties hereunto set their hands and seals this j I 4day of February, 2008. SELLERS: ACod BUYERS: Habitat for Humanity of Washingfdn County, Arkansas, Inc. Patsy Brewer xecutive Director ACKNOWLEDGMENT State of Arkansas )ss. County of Washington SUBSCRIBED AND SWORN TO BEFORE ME, A NOTARY PUBLIC IN AND FOR THE COUNTY AND STATE AFORESAID, ON THIS DAY OF February, 2008. vrP l(.if i L MY COMMISSION EXPIRES:LO,,r4 ELIZA m SEA RYF pL8� INN N TARYPUBLIC A SSJOJVf rvn UN7y AS