BILL NO. 700 RESOLUTION NO. _______

A RESOLUTION AUTHORIZING THE SALE OF REAL ESTATE BY THE CITY OF WEST PLAINS, MISSOURI, A MUNICIPAL CORPORATION, TO RONNIE HOWARD AND DONNA HOWARD, FOR CERTAIN REAL ESTATE LOCATED IN THE CITY OF WEST PLAINS, HOWELL COUNTY, MISSOURI.

WHEREAS, the City of West Plains desires to execute a Real Estate Contract with Ronnie Howard and Donna M. Howard, for the sale of certain real estate situated in Howell County, Missouri, to Ronnie Howard and Donna M. Howard; and

WHEREAS, the City of West Plains, Missouri and Ronnie Howard and Donna M. Howard have agreed upon the terms and conditions of said Real Estate Contract which the City Council of the City of West Plains, Missouri deems just, fair and reasonable.

NOW, THEREFORE, BE IT RESOLVED by the City Council of West Plains, Missouri, as follows:

Section 1: That the Mayor and City Clerk of the City of West Plains, Missouri, are authorized to execute the attached Real Estate Contract for the sale of real estate to Ronnie Howard and Donna M. Howard and the attached contract is made a part of this resolution.

Section 2: That Mayor Joe Paul Evans and City Clerk Connie Shelton are directed to execute a general warranty deed on behalf of the City of West Plains, Missouri, in order to conclude the sale of certain real estate as provided in the attached contract.

Section 3: This resolution shall be in full force and effect as of the date of its passage.

PASSED AND APPROVED this 21st day of February 2004.

CITY OF WEST PLAINS, MISSOURI

(SEAL) BY: _______________________________

Joe Paul Evans, Mayor

ATTEST: ___________________________

Connie Shelton, City Clerk

REAL ESTATE CONTRACT

THIS CONTRACT made and entered into this 21^st day of February 2005, by and between THE CITY OF WEST PLAINS, MISSOURI, a Municipal Corporation, referred to as SELLER, and RONNIE HOWARD and DONNA M. HOWARD, husband and wife, referred to as BUYER.

WITNESSETH:

WHEREAS, SELLER is desirous of selling and BUYER is desirous of buying in its present condition the following described real estate located in Howell County, State of Missouri, to wit:

Lot located at the corner of South Aid Avenue and Maple Street in the City of West Plains, Missouri. The exact legal description will be provided prior to closing.

1. PRICE AND MANNER OF PAYMENT. The total purchase price is Three Thousand Dollars ($3,000.00) which BUYER agrees to pay in full at closing.

2. CONDITION OF PROPERTY. SELLER is making no representations as to the condition of the property and BUYER is acquiring the property “as is” and in its present condition, except as otherwise provided in this agreement. BUYER acknowledges having had ample opportunity to inspect the premises either personally or by some other individual of BUYER’S choosing. SELLER is making no warranty as to the condition of the premises, either express or implied, but does represent that it is not concealing any known defects or problems with the property from BUYER. In particular, SELLER has no knowledge as to any environmental problems with the real estate.

3. SURVEY CONTINGENCY. BUYER and SELLER agree that the premises in question will be surveyed prior to closing, and that BUYER will be responsible for the cost of such survey up to the amount of $700.00. The closing of this contract is contingent upon the survey including at least sixty 60) feet of street frontage on South Aid Avenue.

4. TITLE INSURANCE. SELLER shall within twenty (20) days from the date of the completed survey deliver to BUYER a Commitment for an Owner's Title Insurance policy on the above described real estate issued by a company authorized to do business in the State of Missouri. Said Commitment for Title Insurance shall list BUYER as the proposed insured for a policy in an amount not to exceed the sale price. The Title Insurance Commitment and policy will be paid for by BUYER.

5. DEFECTS IN TITLE. At SELLER's expense, SELLER shall have any defects noted in the Commitment for Title Insurance removed or corrected within ten (10) days from date of delivery of said Commitment for Title Insurance. In case such defects in title are not rectified within the time specified, this Contract shall be null and void, unless BUYER elects to waive such objections on delivery, and if any money is deposited it shall be returned to BUYER. It is understood and agreed that the title required to be furnished by SELLER is one marketable in fact as these words are developed or defined in Title Standard 4 of the Missouri Bar. It is also agreed that any encumbrance or defect in the title which is of the type or comes within the scope of any of the Title Standards of the Missouri Bar shall not constitute a valid objection on the part of BUYER provided SELLER furnishes the affidavits or other title papers, if any, described in the applicable Standard.

6. TAXES. BUYER shall assume responsibility for all real estate taxes incurred after the date of closing.

7. CLOSING DATE. If SELLER has marketable fee simple title to said property, SELLER shall deliver to BUYER, on or before thirty (30) days from the date of completion of the survey, at West Plains City Hall or such other location as is mutually agreed upon by BUYER and SELLER, a general warranty deed, properly executed and conveying said property free and clear of all liens and encumbrances whatsoever. BUYER shall take possession upon the closing of this Contract.

8. CLOSING COSTS. BUYER and SELLER shall each pay their own attorney fees and BUYER shall pay all fees associated with obtaining a loan, if any. All other expenses associated with the closing of this Contract and not attributed to either party under the terms of this Contract shall be paid by BUYER.

9. LIQUIDATED DAMAGES. If SELLER has kept its part of this Contract, and BUYER fails to comply with the Contract on his part as provided, BUYER shall reimburse SELLER for any actual expenses incurred as a result of this contract as liquidated damages, it being agreed that actual damages are difficult if not impossible to ascertain. This paragraph shall not waive or in any way affect SELLER'S right to specifically enforce the terms of this Contract. Time is of the essence of this Contract.

10. BUYER'S REMEDIES. If BUYER has kept their part of the agreement and SELLER fails to comply with the agreement with respect to any obligation of SELLER, then BUYER may, at his option, elect one of the following:

A. BUYER may give SELLER written notice of BUYER'S intention to terminate this agreement in its entirety on a date specified, which date shall not be earlier than five days after such notice is given, and if the events or circumstances creating or giving rise to any such failure to comply have not been rectified by that date, then this agreement shall terminate; or

B. BUYER may take such other actions as are available at law or in equity, including but not limited to, specific performance.

11. This Contract shall be binding upon the heirs administrators, successors and assigns of the parties, but this Contract cannot be assigned without the prior written consent of the SELLER.

12. This agreement may be executed in counterparts, all of which together constitute one agreement. This contract may be executed by facsimile, which is considered an original signature.

13. Any notice or document to BUYER shall be delivered to Route 1, Box 4430, Dora, Missouri 65637. Any notice or document to SELLER shall be delivered to the City of West Plains, 1910 Holiday Lane, PO Box 710, West Plains, Missouri 65775.

IN WITNESS WHEREOF, said parties hereunto subscribed their names.

CITY OF WEST PLAINS, MISSOURI

______________________________ ______________________________

Joe Paul Evans, Mayor, Seller Ronnie Howard, Buyer

______________________________

ATTEST: Donna M. Howard, Buyer

______________________________

Connie Shelton, City Clerk