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HomeMy WebLinkAboutContract 62265CSC # 62265 CONTRACT OF SALE AND PURCHASE THIS CONTRACT OF SALE AND PURCHASE ("Contract") is made and entered into by and between the CITY OF FORT WORTH, TEXAS, a home rule municipal corporation of the State of Texas ("Purchaser"), acting by and through its duly authorized City Manager or Assistant City Manager, and DORIS J. TRAMMELL ("Seller") as of the date on which this Contract is executed by the last to sign of Seller and Purchaser ("Effective Date"). AGREEMENT In consideration of the mutual covenants in this Contract, Seller and Purchaser agree as follows: Section 1. Sale and Purchase. (a) Seller agrees to sell and convey to Purchaser and Purchaser agrees to purchase and accept from Seller, on and subject to the terms and conditions set forth in this Contract, a tract of land known as Lot 2R, Block 6 of Lakeland Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat thereof recorded in Volume 388-3, Page 60, of the Plat Records of Tarrant County, Texas and, also known as 8541 Shelby Lane, Fort Worth, Texas 76135 (Tarrant Appraisal District Account No. 05635705) (the "Land") as more particularly described on the attached Exhibit "A," which is attached hereto and incorporated herein by reference for all purposes, together with (i) all buildings, fixtures, structures and improvements thereon; (ii) any strips or gores between the Land and all abutting properties; (iii) all roads, alleys, rights -of -way, easements, streets and ways adjacent to or serving the Land and rights of ingress and egress thereto, whether surface, subsurface or otherwise; (iv) any land lying in the bed of any street, road or access way, opened or proposed, in front of, at a side of or adjoining the Land, to the centerline of such street, road or access way; (v) all of Seller's rights, titles and interest, if any, in and to all water rights or any kind or character pertaining to the Land; and (vi) all licenses, interests, and rights appurtenant to the Land. The Land and Items (i)-(vi) are collectively referred to as the "Property." (b) Seller shall convey the Property to Purchaser free and clear of all liens, claims, easements, rights -of -way, reservations, restrictions, encroachments, tenancies, and any other encumbrances (collectively, the "Encumbrances") except the Encumbrances appearing in the Title Commitment and the Survey (hereinafter defined) that are not cured and that are subsequently waived pursuant to Section 3 ("Permitted Encumbrances"). (c) Notwithstanding anything to the contrary, Seller hereby retains and reserves from this conveyance (and the Property does not include) for itself, and its successors and assigns, any and all interest in any and all oil, gas and other minerals in, on, or under the Land; provided, however, Seller hereby waives and relinquishes access to any use of the surface of the Property. Section 2. Earnest Monev and Purchase Price. (a) Within ten (10) days after the Effective Date, Purchaser must deliver to the Title Company's escrow agent an Earnest Money deposit of One Thousand Dollars and 00/100 ($1,000.00) in Cash Funds (the "Earnest Money"); however, upon Closing (as hereinafter defined), the Earnest Money shall be applied as a credit toward the Purchase Price (as hereinafter defined). All Earnest Money will be (i) refunded to Purchaser if Purchaser terminates the Contract prior to expiration of the Contract's Option Period or (ii) forfeited to Seller if Purchaser does not terminate but defaults in its obligation to close. OFFICIAL RECORD Contract of Sale and Purchase 8541 Shelby Lane CITY SECRETARY FT. WORTH, TX Page 1 of 25 (b) The purchase price ("Purchase Price") for the Property, payable by Purchaser to Seller at Closing (as hereinafter defined), is THREE HUNDRED TEWNTY-FIVE THOUSAND DOLLARS AND 00/100 ($325,000.00). (c) Contemporaneously with the execution of this Contract, Purchaser hereby delivers to Seller the amount of One Hundred Dollars and 00/100 ($100.00) ("Independent Contract Consideration"), which amount the parties bargained for and agreed to as consideration for Seller's execution and delivery of this Contract. This Independent Contract Consideration is in addition to and independent of any other consideration or payment provided for in this Contract, is nonrefundable, and shall be retained by Seller notwithstanding any other provision of this Contract. In the event Purchaser purchases the Property, the Independent Contract Consideration shall be credited to the Purchase Price (as hereinafter defined) of the Property. Section 3. Title Commitment and Survev. (a) Within ten (10) days after the Effective Date, Seller shall obtain, at Seller's sole cost and expense, a Commitment for Title Insurance ("Title Commitment") from Alamo Title Company, 4217 Camp Bowie Blvd., Ste 3rd Floor, Fort Worth, Texas 76107 (the "Title Company"). The Title Commitment shall be effective as of a date which is on or after the Effective Date, showing Seller as the record title owner of the Land, and shall show all Encumbrances and other matters, if any, relating to the Property. The Title Company shall also deliver contemporaneously with the Title Commitment legible copies of all documents referred to in the Title Commitment, including but not limited to, plats, reservations, restrictions, and easements. (b) Purchaser may obtain a survey of the Property ("Survey") at Purchaser's sole cost and expense. The Survey shall consist of a plat and field notes describing the Property, prepared pursuant to a current on -the -ground staked survey performed by a registered public surveyor or engineer satisfactory to Purchaser and Title Company. The Survey shall (i) be certified to Purchaser, its successors and assigns, and Title Company, (ii) reflect the actual dimensions of and the total number of square feet within the Property net of any portion thereof lying within a publicly dedicated roadway or a utility easement, (iii) identify any rights -of -way, easements, or other encumbrances by reference to applicable recording data, and (iv) include the Surveyor's registered number and seal and the date of the Survey. The description of the Property prepared as a part of the Survey will be used in all of the documents set forth in this Contract that require a legal description of the Property. (c) Purchaser shall have a period of time ("Title Review Period") commencing on the Effective Date and ending thirty (30) calendar days after the later to occur of (i) Purchaser's receipt of the Title Commitment or (ii) Purchaser's receipt of the Survey in which to notify Seller in writing of any objections ("Objections") Purchaser has to any matters shown on the Title Commitment or the Survey. (d) Seller shall have the option, but not the obligation, to remedy or remove all Objections (or agree irrevocably in writing to remedy or remove all such Objections at or prior to Closing) during the period of time (the "Cure Period") ending on the tenth day after Seller's receipt of Purchaser' s notice of such Objections. Except to the extent that Seller cures, or agrees in writing to cure, such Objections during the Cure Period, Seller shall be deemed to have elected not to cure such matters. If Seller is, or is deemed to be, unable or unwilling to remedy or cause the removal of any Objections (or agree irrevocably to do so at or prior to Closing) within the Cure Period, then either (i) this Agreement may be terminated in its entirety by Purchaser by giving Seller written notice to such effect during the period of time (the "Termination Period") ending on the fifth business day following the end of the Cure Period, and the parties shall be released of further obligations under this Agreement; Contract of Sale and Purchase 8541 Shelby Lane Page 2 of 25 or (ii) any such Objections may be waived by or on behalf of Purchaser, with Purchaser to be deemed to have waived such Objections if notice of termination is not given within the Termination Period. Any title encumbrances or exceptions which are set forth in the Title Commitment or the Survey and to which Purchaser does not object within Title Review Period (or which are thereafter waived or deemed to be waived by Purchaser) shall be deemed to be permitted exceptions (the "Permitted Exceptions") to the status of Seller's title to the Property. (e) Any other provision herein to the contrary notwithstanding, (i) all exceptions disclosed in the Title Commitment (or any subsequent commitment) which arise on or after the Effective Date of this Agreement and are not attributable to actions by Purchaser, and which may be cured by the payment of money, and (ii) all Objections that Seller agrees in writing to cure at or prior to Closing (collectively, the "Mandatory Cure Items") shall be satisfied, cured or removed by Seller, at Seller's sole cost and expense, at or prior to Closing. Section 4. Due Diligence Documents. Within five (5) days after the Effective Date, Seller shall deliver to Purchaser for Purchaser's review (i) any and all tests, studies and investigations relating to the Property, including, without limitation, any soil tests, engineering reports or studies, and any Phase I or other environmental audits, reports or studies of the Property; (ii) any and all information regarding condemnation notice(s), proceedings and awards affecting the Property; (iii) any existing survey(s) of the Property (the "Due Diligence Material"). Section 5. Tests. Purchaser, at Purchaser's sole cost and risk, shall have the right to go on to the Property, including any improvements thereon, to make inspections, surveys, test borings, soil analysis, and other tests, studies and surveys, including without limitation, environmental and engineering tests, borings, analysis, and studies ("Tests"). Any Tests shall be conducted at Purchaser's sole expense. At the conclusion of the Tests, Purchaser shall repair any damage caused to the Property by Purchaser or its agents, employees, representatives, consultants or contractors in connection with Purchaser's Tests and the Property will be restored by Purchaser, at Purchaser's sole expense, to at least a similar condition as before the Tests were conducted. Purchaser shall keep the Property free and clear of any liens for any such Tests. In the event this transaction does not close for any reason whatsoever, the Purchaser shall release to Seller any and all independent studies or results of Tests obtained during the Option Period (as defined below). Section 6. Option Period. (a) Notwithstanding anything to the contrary contained in this Contract, until 60 (sixty) days after the Effective Date ("Option Period"), the following is a condition precedent to Purchaser's obligations under this Contract: Purchaser being satisfied in Purchaser's sole and absolute discretion that the Property is suitable for Purchaser's intended uses, including, without limitation, Purchaser being satisfied with the results of the Tests (defined in Section 5 above). (b) If Purchaser is not satisfied in Purchaser's sole and absolute discretion as to the condition precedent described in Section 6(a) above, Purchaser may give written notice thereof to Seller on or before the end of the Option Period, whereupon this Contract shall terminate. Upon such termination, the Contract will terminate, the Earnest Money will be refunded to Purchaser, and neither party shall have any further rights or obligations under this Contract. Contract of Sale and Purchase 8541 Shelby Lane Page 3 of 25 (c) Purchaser shall have the right, in its sole discretion, to extend the Option Period for one (1) period of thirty (30) calendar days. (d) The parties agree that the Option Period will not be further extended upon expiration without a written amendment signed by both parties. (e) The provisions of this Section 6 control all other provisions of this Contract. Section 7. Closin2 Deadline. The closing ("Closing") of the sale of the Property by Seller to Purchaser shall occur through the office of the Title Company on or before thirty-one (31) calendar days after the expiration of the Option Period. Section 8. Closing. (a) At the Closing, all of the following shall occur, all of which are deemed concurrent conditions: (1) Seller shall deliver or cause to be delivered to Purchaser the following: (i) A General Warranty Deed ("Deed"), in substantially the same form attached hereto as Exhibit "B". fully executed and acknowledged by Seller, conveying to Purchaser good and indefeasible fee simple title to the Property subject only to the Permitted Encumbrances, but containing a reservation of the mineral rights; (ii) A Non -Foreign Person Affidavit, in form and substance reasonably satisfactory to Purchaser, fully executed and acknowledged by Seller, confirming that Seller is not a foreign person or entity within the meaning of Section 1445 of the Internal Revenue Code of 1986, as amended; (iii) Evidence of authority to consummate the sale of the Property as is contemplated in this Agreement or as Purchaser may reasonably request; and (iv) Any other instrument or document necessary for Title Company to issue the Owner Policy in accordance with Section 8(a)(3) below. (2) Purchaser, at Purchaser's sole cost and expense, shall deliver or cause to be delivered to Seller through the Title Company federally wired funds or a certified or cashier's check or such other means of funding acceptable to Seller, in an amount equal to the Purchase Price, adjusted for closing costs and prorations. (3) Title Company shall issue to Purchaser, at Seller's sole cost and expense, an Owner Policy of Title Insurance ("Owner Policy") issued by Title Company in the amount of the Purchase Price insuring that, after the completion of the Closing, Purchaser is the owner of indefeasible fee simple title to the Property, subject only to the Permitted Encumbrances, and the standard printed exceptions included in a Texas Standard Form Owner Policy of Title Insurance; provided, however, the printed form survey exception shall be limited to "shortages in area," the printed form exception for restrictive covenants shall be deleted except for those restrictive covenants that Contract of Sale and Purchase 8541 Shelby Lane Page 4 of 25 are Permitted Encumbrances, there shall be no exception for rights of parties in possession, and the standard exception for taxes shall read: "Standby Fees and Taxes for the year of Closing and subsequent years, and subsequent assessments for prior years due to change in land usage or ownership"; (4) Seller and Purchaser shall each pay their respective attorneys' fees. (5) Seller and Purchaser shall each pay one-half of all recording fees and one-half of any other closing costs as set forth by the Title Company. (6) Purchaser shall not pay Broker's commission. (b) Purchaser will qualify for exemption from ad valorem taxation for the Property, and no ad valorem taxation shall accrue after the date of Closing. Therefore, any ad valorem taxes assessed against the property for the current year shall be for the period of time the Property was owned by Seller, and based on estimates of the amount of taxes that will be due and payable on the Property during the current year, Purchaser shall pay for any taxes and assessments applicable to the Property up to and including the date of Closing. As soon as the amount of taxes and assessments on the Property for the current year is known, Seller shall pay any additional amount of taxes to be paid for any taxes and assessments applicable to the Property up to and including the date of Closing. The provisions of this Section 8(b) survive the Closing. Seller shall not be responsible for any Rollback taxes that arise due to a change in use of the Property after Closing. Rollback taxes, if any, that arise due to a change in use of the Property will be the responsibility of Purchaser. (c) Upon completion of the Closing, Seller shall deliver possession of the Property to Purchaser, free and clear of all tenancies of every kind except those disclosed in the Permitted Encumbrances. Section 9. Seller's Reuresentations. Seller hereby represents and warrants to Purchaser, as of the Effective Date and as of the Closing Date, except as otherwise disclosed in written notice from Seller to Purchaser at or prior to Closing, that: (a) Seller's Authority. This Contract has been duly authorized by requisite action and is enforceable against Seller in accordance with its terms; neither the execution and delivery of this Agreement nor the consummation of the sale provided for herein will constitute a violation or breach by Seller of any provision of any agreement or other instrument to which Seller is a party or to which Seller may be subject although not a party, or will result in or constitute a violation or breach of any judgment, order, writ, junction or decree issued against or binding upon Seller or the Property; (b) No Pending Proceedings. There is no action, suit, proceeding or claim affecting the Property or any portion thereof, or affecting Seller and relating to the ownership, operation, use or occupancy of the Property, pending or being prosecuted in any court or by or before any federal, state, county or municipal department, commission, board, bureau or agency or other governmental entity and no such action, suit, proceeding or claim is threatened or asserted; (c) Seller is Not a Foreign Person. Seller is not a foreign person or entity as defined in Section 1445 of the Internal Revenue Code of 1986, as amended, and Purchaser is Contract of Sale and Purchase 8541 Shelby Lane Page 5 of 25 not obligated to withhold any portion of the Sales Price for the benefit of the Internal Revenue Service; (d) No Insolvency Proceedings. No attachment, execution, assignment for the benefit of creditors, receivership, conservatorship or voluntary or involuntary proceedings in bankruptcy or pursuant to any other debtor relief laws is contemplated or has been filed by or against Seller or the Property, nor is any such action pending by or against Seller or the Property; (e) Contract Obligations. Except as otherwise disclosed in the Title Commitment, no lease, contract or agreement exists relating to the Property or any portion thereof which is not terminable at will or upon not more than 30 days' prior notice except tenant leases; (f) No Competing Rights. No person, firm or entity, other than Purchaser, has any right to purchase, lease or otherwise acquire or possess the Property or any part thereof, (g) No Regulatory Violations. Seller has not received written notice that the Property is in breach of any law, ordinance or regulation, or any order of any court or any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality wherever located, including, without limitation, those relating to environmental matters and hazardous waste, and no claim, action, suit or proceeding is pending, nor has Seller received written notice of any additional inquiry or investigation, threatened against or affecting Seller or affecting the Property, at law or in equity, or before or by any federal, state, municipal or other governmental department, commission, board, bureau, agency or entity wherever located, with respect to the Property or the Seller's present use and operation of the Property; and (h) No Hazardous Materials. To Seller's actual knowledge, without inquiry or investigation: (i) all required federal, state and local permits concerning or related to environmental protection and regulation for the Property have been secured and are current; (ii) Seller is and has been in full compliance with such environmental permits and other requirements regarding environmental protection under applicable federal, state or local laws, regulations or ordinances; (iii) there is no pending action against Seller under any environmental law, regulation or ordinance and Seller has not received written notice of any such action or possible action; (iv) there is not now, nor has there been in the past, any release of hazardous substances on, over, at, from, into or onto any facility at the Property, as such terms are understood under the Comprehensive Environmental Response, Compensation and Liability Act; and (v) Seller does not have actual knowledge of any environmental condition, situation or incident on, at or concerning the Property that could reasonably be expected to give rise to an action or to liability under any law, rule, ordinance or common law theory governing environmental protection. (i) As -Is Purchase. Purchaser hereby agrees and acknowledges that, except as otherwise expressly set forth in this Contract, neither Seller nor any agent, attorney, employee or representative of Seller has made any representation or warranty whatsoever regarding the subject matter of this transaction, or any part thereof, including (without limiting the generality of the foregoing) representations as to the physical nature or physical condition of the Property or the capabilities thereof, or title to the Property, and that Contract of Sale and Purchase 8541 Shelby Lane Page 6 of 25 Purchaser, in executing, delivering and/or performing this Contract, does not rely upon any statement and/or information to whomever made or given, directly or indirectly, orally or in writing, by any individual, firm or entity. Accordingly, Purchaser agrees that, if Purchaser proceeds to the Closing, the Property shall be deemed acceptable to Purchaser and the acquisition of the Property shall be on an "as is. where is" basis, with all faults. subject to the provisions of this Contract. Purchaser further acknowledges that Seller would not agree to sell the Property to Purchaser for the Purchase Price stated herein without the disclaimers, agreements and other statements set forth in this Section. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE PHYSICAL CONDITION OF THE PROPERTY OR THE SUITABILITY THEREOF FOR ANY PURPOSE, INCLUDING THE LEGALITY AND ENFORCEABILITY OF ANY PROVISIONS THEREIN OR ANY DEFAULT OR OUTSTANDING OBLIGATION OF ANY PARTY THERETO. SELLER HEREBY EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE AND ANY OTHER WARRANTIES OR REPRESENTATIONS AS TO THE PHYSICAL CONDITION OF THE PROPERTY. Purchaser will conduct such due diligence investigations of the Property, including but not limited to, the physical and environmental conditions thereof, as Purchaser deemed or deems necessary or desirable to satisfy itself as to the condition of the Property and the existence or non-existence or curative action to be taken with respect to any hazardous materials including, without limitation, lead products or lead paint on or discharged from the Property, and Purchaser will rely solely upon same, and not upon any information provided by or on behalf of Seller or its agents or attorneys with respect thereto, or whether to acquire the Property from Seller. The provisions of this Section 9(i) shall survive the Closing and the Deed to be delivered at Closing shall contain substantially the foregoing provision. Section 10. Seller's Covenants. (a) Updating of Information. Seller acknowledges that Purchaser will rely upon the Due Diligence documents delivered by Seller and other materials delivered by Seller to Purchaser hereunder to satisfy itself with respect to the condition and operation of the Property, and Seller agrees that, if Seller discovers that the information contained in any of the materials delivered to Purchaser hereunder is inaccurate or misleading in any respect, then Seller shall promptly notify Purchaser of such changes and supplement such materials. (b) Prohibited Activities. During the term of this Agreement, Seller shall not, without the prior written consent of Purchaser, which consent Purchaser shall have no obligation to grant and which consent, if granted, may be conditioned in such manner as Purchaser shall deem appropriate in the sole discretion of Purchaser: (i) grant any licenses, easements or other uses affecting any portions of the Property; (ii) permit any mechanic's or materialman's lien to attach to any portion of the Property; (iii) place or permit to be placed on, or remove or permit to be removed from, the Property any trees, buildings, structures or other improvements of any kind; or (iv) excavate or permit the excavation of the Property or any portion thereof. (c) Cooperation in Permitting Activities. During the term of this Agreement, Seller will cooperate with Purchaser in such manner and at such times as Purchaser may request in obtaining subdivision, zoning or rezoning, site plan development, building permit and other approvals required for Purchaser's proposed use, including without limitation, signing such Contract of Sale and Purchase 8541 Shelby Lane Page 7 of 25 applications for such approvals and other instruments as may be required or authorizing Purchaser to sign such applications or instruments as Seller's agent or both. Purchaser shall bear the costs and expenses of obtaining all such approvals, including reasonable attorneys' fees that Seller may incur in connection with reviewing such applications and instruments. Section 11. Agents. Seller and Purchaser each represents to the other that it has had no dealings, negotiations, or consultations with any broker, representative, employee, agent or other intermediary in connection with the sale of the Property. Section 12. Closing Documents. No later three (3) business days prior to the Closing, Seller shall deliver to Purchaser copies of the closing documents (including, but not limited to, the Deed) for Purchaser's reasonable right of approval. Section 13. Notices. (a) Any notice under this Contract shall be in writing and shall be deemed to have been served if (i) delivered in person to the address set forth below for the party to whom the notice is given, (ii) delivered in person at the Closing (if that party is present at the Closing), (iii) placed in the United States mail, return receipt requested, addressed to such party at the address specified below, or (iv) deposited into the custody of Federal Express Corporation to be sent by Fed Ex Overnight Delivery or other reputable overnight carrier for next day delivery, addressed to the party at the address specified below. (b) The address of Purchaser under this Contract is: City of Fort Worth Property Management Department 200 Texas Street Fort Worth, Texas 76102 Attn: Nita Shinsky Telephone: 817-392-8053 With a copy to: Matthew A. Murray City Attorney's Office 100 Fort Worth Trail Fort Worth, Texas 76102 Telephone 817-392-7600 (c) The address of Seller under this Contract is: Doris Trammell 8541 Shelby Lane Fort Worth, Texas 76135 Contract of Sale and Purchase 8541 Shelby Lane Page 8 of 25 (d) From time to time either party may designate another address or fax number under this Contract by giving the other party advance written notice of the change. Section 14. Termination, Default, and Remedies. (a) If Purchaser fails or refuses to consummate the purchase of the Property pursuant to this Contract at the Closing for any reason other than termination of this Contract by Purchaser pursuant to a right so to terminate expressly set forth in this Contract or Seller's failure to perform Seller's obligations under this Contract, then Seller, as Seller's sole and exclusive remedy, shall have the right to terminate this Contract by giving written notice thereof to Purchaser prior to or at the Closing, and receive the Earnest Money as full liquidated damages (and not as a penalty) for Purchaser's failure to consummate the purchase, whereupon neither party hereto shall have any further rights or obligations hereunder. (b) If (1) Seller fails or refuses to timely consummate the sale of the Property pursuant to this Contract at Closing, (2) at the Closing any of Seller's representations, warranties or covenants contained herein is not true or has been breached or modified, or (3) Seller fails to perform any of Seller' s other obligations hereunder either prior to or at the Closing for any reason other than the termination of this Contract by Seller pursuant to a right so to terminate expressly set forth in this Contract or Purchaser' s failure to perform Purchaser's obligations under this Contract, then Purchaser shall have the right to: (i) terminate this Contract by giving written notice thereof to Seller prior to or at the Closing and neither party hereto shall have any further rights or obligations hereunder; (ii) waive, prior to or at the Closing, the applicable objection or condition and proceed to close the transaction contemplated hereby in accordance with the remaining terms hereof; or (iii) enforce specific performance of Seller's obligations under this Agreement. Section 15. Survival of ObliEations. To the extent necessary to carry out the terms and provisions hereof, the terms, conditions, warranties, representations, obligations and rights set forth herein shall not be deemed terminated at the time of the Closing, nor shall they merge into the various documents executed and delivered at the time of the Closing. All representations and warranties by Seller in this Agreement shall survive Closing for a period of six (6) months after Closing (the "Survival Period"). Unless Purchaser discovers the breach of any such representation or warranty on a date (the "Discovery Date") prior to the end of the Survival Period and gives Seller written notice (the "Breach Notice") of the breach within thirty (30) days after the Discovery Date, no alleged breach of any such representation or warranty may form the basis of an action by Purchaser against Seller for breach of any such representation or warranty. Any such action must be brought within three (3) months after the Discovery Date, provided that a Breach Notice has been timely given in accordance with the immediately preceding sentence. Section 16. Entire Contract. This Contract (including the attached Exhibits) contains the entire contract between Seller and Purchaser, and no oral statements or prior written matter not specifically incorporated herein is of any force and effect. No modifications are binding on either party unless set forth in a document executed by that party. Contract of Sale and Purchase 8541 Shelby Lane Page 9 of 25 Section 17. Assigns. This Contract inures to the benefit of and is binding on the parties and their respective legal representatives, successors, and assigns. Neither party may assign its interest under this Contract without the prior written consent of the other party. Section 18. Taking Prior to Closing. If, prior to Closing, the Property or any portion thereof becomes subject to a taking by virtue of eminent domain, Purchaser may, in Purchaser's sole discretion, either (i) terminate this Contract and neither party shall have any further rights or obligations hereunder, or (ii) proceed with the Closing of the transaction with an adjustment in the Purchase Price to reflect the net square footage of the Property after the taking. Section 19. Governing Law. This Contract shall be governed by and construed in accordance with the laws of the State of Texas. Section 20. Performance of Contract. The obligations under the terms of the Contract are performable in Tarrant County, Texas, and any and all payments under the terms of the Contract are to be made in Tarrant County, Texas. Section 21. Venue. Venue of any action brought under this Contract shall be in Tarrant County, Texas if venue is legally proper in that County. Section 22. Severability. Execution. If any provision of this Contract is held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this Contract will be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. A signature sent on this Contract by facsimile or PDF/e- mail shall constitute an original signature for all purposes. Section 23. Business Days. If the Closing or the day for performance of any act required under this Contract falls on a Saturday, Sunday, or legal holiday, then the Closing or the day of or such performance, as the case may be, shall be the next following regular business day. Section 24. Counterparts. This Contract may be executed in multiple counterparts, each of which will be deemed an original, but which together will constitute one instrument. Section 25. Terminoloev. The captions beside the section numbers of this Contract are for reference only and do not modify or affect this Contract in any manner. Wherever required by the context, any gender includes any other gender, the singular includes the plural, and the plural includes the singular. Section 26. Construction. The parties acknowledge that each party and its counsel have reviewed and revised this Contract and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party is not to be employed in the interpretation of this Contract or any amendments or exhibits to it. Section 27. Attornev's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Contract, the prevailing party or parties are entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party or parties may be entitled. Section 28. City Council Approval. Notwithstanding anything herein to the contrary, Seller hereby acknowledges and agrees that the Purchaser's execution of this Contract, its representations and warranties under this Contract, Purchaser's willingness and agreement to purchase the Property, and to consummate the transactions contemplated under this Contract are expressly subject to and contingent upon the approval of the Fort Worth City Council in a public Contract of Sale and Purchase 8541 Shelby Lane Page 10 of 25 meeting ("City Council Approval'). Purchaser expects that City Council Approval shall occur within the Option Period. [signature page follows] Contract of Sale and Purchase 8541 Shelby Lane Page 11 of 25 This Contract is EXECUTED as of the Effective Date. DORIS TRAMMELL By: /it il �—, /Doris J. Tr mell [signature page continues] / Contract of Sale and Purchase 8541 Shelby Lane Page 12 of 25 CITY OF FORT WORTH, TEXAS Dana Bu-randaff By: Dana Burghdoff(Nov , 02414:45 CST) Dana Burghdoff, Assistant City Manager Date: 4� FORT IlII� d0 0p0 oo`% a ATTEST: Jannette S. Goodall City Secretary APPROVED AS TO LEGALITY AND FORM: By: Matthew A. Murray Assistant City Attorney M&C: 24-0922 Date: 10.29.24 1295 Form No.: Not required Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, ensuring all performance and reporting requirements. Nita S� ky (� 14:58 CDT) Nita Shinsky, Land Agent Property Management Department — Real Estate Division Contract of Sale and Purchase 8541 Shelby Lane including OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 13 of 25 By its execution below, Title Company agrees to perform its other duties pursuant to the provisions of this Contract. TITLE COMPANY: By: Lavonne Keith, Escrow Agent Alamo Title Phone: (817) 921-3893 Date: Contract of Sale and Purchase 8541 Shelby Lane Page 14 of 25 Exhibit A The Land Lot 2R, Block 6 of Lakeland Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat thereof recorded in Volume 388-3, Page 60, of the Plat Records of Tarrant County, Texas and, also known as 8541 Shelby Lane, Fort Worth, Texas 76135 (Tarrant Appraisal District Account No. 05635705) Contract of Sale and Purchase 8541 Shelby Lane Page 15 of 25 Exhibit B Form of General Warranty Deed NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. GENERAL WARRANTY DEED Date: Grantor: DORIS J. TRAMMELL Grantor's Mailing Address (including County): 8541 SHELBY LANE FORT WORTH, TARRANT COUNTY, TEXAS 76135 Grantee: THE CITY OF FORT WORTH, TEXAS A MUNICIPAL CORPORATION Grantee's Mailing Address (including County): 200 TEXAS STREET FORT WORTH, TARRANT COUNTY, TEXAS 76102 Consideration: TEN AND NO/100--- ($10.00) --- DOLLARS and other good and valuable consideration, the receipt of which is hereby acknowledged and confessed Property (including any improvements): Lot 2R, Block 6 of Lakeland Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat thereof recorded in Volume 388-3, Page 60, of the Plat Records of Tarrant County, Texas and, also known as 8541 Shelby Lane, Fort Worth, Texas 76135 (Tarrant Appraisal District Account No. 05635705) Exceptions to Conveyance and Warranty: This conveyance is expressly made by Grantor and accepted by Grantee subject to the permitted encumbrances included in Exhibit "A," attached hereto and incorporated herein for all purposes. Reservations from Conveyance: A. FOR GRANTOR AND GRANTOR'S ASSIGNS, A RESERVATION OF THE FULL POSSESSION, BENEFIT, AND USE OF THE PROPERTY FOR THE REMAINDER OF THE LIFE OF DORIS J. TRAMMELL, AS A LIFE ESTATE, SUBJECT TO THE TERMS OF THE Contract of Sale and Purchase 8541 Shelby Lane Page 16 of 25 LIFE ESTATE AGREEMENT ATTACHED HERETO AS EXHIBIT "B" AND INCORPORATED HEREIN FOR ALL PURPOSES. B. THIS CONVEYANCE IS MADE SUBJECT TO AND THERE IS EXCEPTED HEREFROM, ALL OIL, GAS AND OTHER MINERALS AND ROYALTIES HERETOFORE RESERVED OR CONVEYED TO OTHERS AND GRANTOR HEREBY EXCEPTS AND RESERVES UNTO GRANTOR, GRANTOR'S HEIRS SUCCESSORS AND ASSIGNS FOREVER, ALL REMAINING OIL, GAS AND OTHER MINERALS IN AND UNDER AND THAT MAY BE PRODUCED FROM THE PROPERTY DESCRIBED HEREIN. IF THE MINERAL ESTATE IS SUBJECT TO EXISTING PRODUCTION OR AN EXISTING LEASE, THIS RESERVATION INCLUDES THE PRODUCTION, THE LEASE AND ALL BENEFITS FROM IT. GRANTOR DOES HEREBY EXPRESSLY RELEASE AND WAIVE, ON BEHALF OF THE GRANTOR AND THE GRANTOR'S HEIRS, SUCCESSORS, AND ASSIGNS, ALL RIGHTS OF INGRESS AND EGRESS, AND ANY AND ALL OTHER RIGHTS OF EVERY KIND AND CHARACTER WHATSOEVER, TO ENTER UPON AND USE ANY PART OF THE SURFACE OF THE PROPERTY FOR ANY PURPOSE INCIDENT TO EXPLORING FOR, DEVELOPING, DRILLING FOR, PRODUCING, TRANSPORTING, MINING, TREATING, OR STORING THE OIL, GAS AND OTHER MINERALS IN, ON, AND UNDER THE SUBJECT PROPERTY. C. NOTHING HEREIN CONTAINED SHALL EVER BE CONSTRUED TO PREVENT THE GRANTOR, OR THE GRANTOR'S HEIRS, SUCCESSORS, OR ASSIGNS, FROM DEVELOPING OR PRODUCING THE OIL, GAS AND OTHER MINERALS IN AND UNDER THE PROPERTY BY POOLING OR BY DIRECTIONAL DRILLING UNDER THE PROPERTY FROM WELL SITES LOCATED ON TRACTS OUTSIDE THE PROPERTY. Grantee hereby agrees and acknowledges that, except as otherwise expressly set forth in that certain Contract of Sale and Purchase between Grantor and Grantee, neither Grantor nor any agent, attorney, employee or representative of Grantor has made any representation or warranty whatsoever regarding the subject matter of this transaction, or any part thereof, including (without limiting the generality of the foregoing) representations as to the physical nature or physical condition of the Property or the capabilities thereof, title to the Property, and that Grantee, in accepting and recording this Deed, does not rely upon any statement and/or information to whomever made or given, directly or indirectly, orally or in writing, by any individual, firm or entity. Accordingly, Grantee agrees that the Property shall be deemed acceptable to Grantee and the acquisition of the Property shall be on an "as is, where is" basis, with all faults. Grantee further acknowledges that Grantor would not agree to sell the Property to Purchaser for the price agreed to between the parties without the disclaimers, agreements and other statements set forth herein. EXCEPT AS EXPRESSLY PROVIDED HEREIN, GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE PHYSICAL CONDITION OF THE PROPERTY OR THE SUITABILITY THEREOF FOR ANY PURPOSE, INCLUDING THE LEGALITY AND ENFORCEABILITY OF ANY PROVISIONS THEREIN OR ANY DEFAULT OR OUTSTANDING OBLIGATION OF ANY PARTY THERETO. GRANTOR HEREBY EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE AND ANY OTHER WARRANTIES OR REPRESENTATIONS AS TO THE PHYSICAL CONDITION OF THE PROPERTY. Grantee has conducted such due diligence investigations of the Property, including but not limited to, the physical and environmental conditions thereof, as Grantee deemed or deems necessary or desirable to satisfy itself as to the condition of the Property and the existence or non-existence or curative action to be taken with respect to any hazardous materials including, without limitation, lead products or lead paint on or discharged from the Property, and Grantee has relied solely upon same, and not upon any information provided by or on behalf of Grantor or its agents or attorneys with respect thereto, or whether to acquire the Property from Grantor. Contract of Sale and Purchase 8541 Shelby Lane Page 17 of 25 Grantor, for the consideration expressed herein and subject only to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Exceptions to Conveyance and Warranty and Reservations from Conveyance. This document may be executed in multiple counterparts, each of which will be deemed an original, but which together will constitute one instrument. When the context requires, singular nouns and pronouns include the plural. [signature page follows] Contract of Sale and Purchase 8541 Shelby Lane Page 18 of 25 GRANTOR: DORIS J. TRAMMELL BY: Doris J. Trammell NOTICE: This document affects your legal rights. Read it carefully before signing. (Acknowledgments) THE STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Doris J. Trammell, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged that she executed the same as the act of herself for the purposes and consideration therein expressed and, in the capacity, therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2024. Notary Public Contract of Sale and Purchase 8541 Shelby Lane Page 19 of 25 ACCEPTED AND AGREED TO: CITY OF FORT WORTH Dana Burghdoff, Assistant City Manager APPROVED AS TO FORM AND LEGALITY: Matthew A. Murray Assistant City Attorney M&C: Date: (Acknowledgment) THE STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared Dana Burghdoff, Assistant City Manager for the City of Fort Worth, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same as the act and deed and on behalf of the City of Fort Worth, a municipal corporation of Tarrant County, Texas, for the purposes and consideration therein expressed. 2024. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of Notary Public AFTER RECORDING RETURN TO: CITY OF FORT WORTH, A MUNICIPAL CORPORATION c/o PROPERTY MANAGEMENT DEPARTMENT 200 TEXAS STREET FORT WORTH, TEXAS 76102 Contract of Sale and Purchase 8541 Shelby Lane Page 20 of 25 EXHIBIT "A" PERMITTED ENCUMBRANCES Contract of Sale and Purchase 8541 Shelby Lane Page 21 of 25 EXHIBIT "B" LIFE ESTATE AGREEMENT Through this General Warranty Deed, Doris J. Trammell ("Grantor") has conveyed to the City of Fort Worth, Texas ("Grantee") a remainder interest in the Property, including all improvements thereon, reserving a life estate in the Property for Doris J. Trammell. The life estate terminates upon the death of Doris J. Trammell. Grantor and Grantee wish to enter into this Life Estate Agreement to establish the rights and responsibilities of each with respect to the Property. During the term of the life estate, the Grantor, at its sole expense, shall: a. Maintain the Property in good condition, including (1) the upkeep and repair of improvements to protect the Property from loss of value and damage, (2) routine maintenance such as mowing and landscaping maintenance, snow removal where applicable, painting, termite and other pest prevention, and all other types of routine maintenance, (3) all minor and major repairs and capital improvements, such as roof replacement and mechanical systems repairs and replacements, and (4) all other actions in order to maintain the Property in compliance with all applicable codes, laws, regulations, and ordinances. If the Property is damaged from any cause, the Grantor, at its sole expense, shall repair the damage unless the Grantor and Grantee agree that it is impractical to do so, in which case any insurance proceeds from insurance carried by the Grantor shall be divided between the Grantor and Grantee in accordance with the percentages corresponding to each parties' interest in the Property as of the date of the damage. For purposes of determining the interest of each party, the methodology used to value a remainder interest in U. S. Treasury Regulations § 1.170A-7, or the successor regulation, shall be used; b. Pay before delinquency all real estate taxes and any and all other assessments or impositions against the Property. The Grantor shall deliver to Grantee at the address stated below copies of paid tax and assessments receipts within 45 days after the due date. Without the prior written consent of Grantee, which may be given or withheld in its sole discretion, the Grantor shall not voluntarily or involuntarily defer the payment of taxes or assessments, notwithstanding any statutory or contractual right of the Grantor to do so. C. Pay water and sewer charges, utilities, and all other charges assessed against the Property; d. Insure the Property against fire, vandalism, flood, windstorm, and other hazards and risks through all risk property insurance in accordance with terms to be determined and agreed upon from time to time by the Grantor and Grantee, but no less than 80% of the actual replacement cost of the Property, unless the parties otherwise agree in writing. The Grantor shall provide Grantee with an annual certification that the insurance described above is in effect and that the premiums have been paid. All insurance shall be secured and maintained in a company or companies reasonably satisfactory to Grantee and shall be primary and not contributory to that carried by Grantee. The all-risk property insurance policy shall name Grantee as "an insured as its interest may appear." The Grantor shall secure an appropriate clause in, or an endorsement upon, each policy of insurance, pursuant to which the insurance company waives subrogation and rights of recovery or permits the insured to agree to waive any claim it might have against Grantee. 2. The Grantor shall not, without the prior written consent of Grantee, permit any lien, encumbrance, or mortgage to be placed on the Property and shall not, without the prior written consent of Grantee, permit the amount of any mortgage, encumbrance, or lien now existing to increase. The Grantor shall, on or before each due date, make all payments on any existing mortgage, lien, or encumbrance. By Contract of Sale and Purchase 8541 Shelby Lane Page 22 of 25 February 15 of each year, the Grantor shall deliver to Grantee a copy of the status of the mortgage, lien, or encumbrance, if any, through December 31 of the prior year. 3. The Grantor has the sole right, during the life of Doris J. Trammell, to occupy the Property and to lease the Property. The Grantor shall consult with Grantee before leasing the Property, and, unless Grantee also signs the lease, the lease term shall automatically end, notwithstanding anything to the contrary in the lease, no later than the end of the month in which the date of the termination of the life estate occurs. The Grantor shall receive all rent from the Property during the life of Doris J. Trammell; Grantee shall receive all rent from the Property from and after the date of death of the Grantor. 4. The Grantor shall consult with Grantee before making material changes to the use of the Property. If the Property is currently occupied by the Grantor, the rental of the Property constitutes a material change in the use of the Property. 5. If the Grantor is no longer able to maintain the Property as required by this Life Estate Agreement, whether due to age, health issues, financial ability, or other reason, or if the Grantor wishes to end its occupancy of the Property and does not wish lease out the Property in accordance with the preceding section, then the Grantor may elect to convey to Grantee the balance of the Grantor's life estate. 6. INDEMNIFICATION OF GRANTEE. GRANTOR SHALL INDEMNIFY GRANTEE AND GRANTEE'S OFFICERS, AGENTS AND EMPLOYEES ("INDEMNITEES") FROM AND AGAINST ANY LOSS, DAMAGE, OR INJURY OF ANY HIND TO ANY PERSON OR PROPERTY ARISING FROM ANY USE OR OCCUPANCY OF THE PROPERTY (OR ANY PART OF THEREOF), OR CAUSED BY ANY DEFECT IN ANY BUILDING, STRUCTURE, IMPROVEMENT, EQUIPMENT, OR FACILITY ON THE PROPERTY OR CAUSED BY OR ARISING FROM ANY ACT OR OMISSION OF GRANTOR, OR ANY OF ITS AGENTS, EMPLOYEES, TENANTS, OR INVITEES, OR BY OR FROM ANY ACCIDENT, FIRE, OR OTHER CASUALTY ON THE PROPERTY, OR BROUGHT ABOUT BY GRANTOR'S FAILURE TO MAINTAIN THE PROPERTY IN A SAFE CONDITION, EVEN IN THE EVENT SUCH LOSS, DAMAGE, INJURY OR CLAIM RESULTS FROM THE ALLEGED NEGLIGENCE OF INDEMNITEES. 7. GRANTEE SHALL NOT BE LIABLE IN ANY MANNER TO GRANTOR, ITS AGENTS, EMPLOYEES, CONTRACTORS, OR ANY OTHER PARTY IN CONNECTION WITH THE USE OF THE PROPERTY BY ANY OF THEM, FOR ANY INJURY TO OR DEATH OF PERSONS UNLESS CAUSED SOLELY BY THE WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF GRANTEE. IN NO EVENT SHALL GRANTEE BE LIABLE IN ANY MANNER TO GRANTOR OR ANY OTHER PARTY AS THE RESULT OF THE ACTS OR OMISSIONS OF GRANTOR, ITS AGENTS, EMPLOYEES, CONTRACTORS, OR ANY OTHER PARTY, IN CONNECTION WITH THE USE OF THE PROPERTY BY ANY OF THEM. GRANTEE SHALL NOT BE LIABLE FOR ANY LOSS OR THEFT OF OR DAMAGE TO PROPERTY OF GRANTOR, ITS EMPLOYEES, AGENTS, PATRONS, INVITEES, OR TO OTHERS, REGARDLESS OF WHETHER SUCH LOSS OR DAMAGE IS OCCASIONED BY CASUALTY, THEFT, OR ANY OTHER CAUSE OF WHATSOEVER NATURE. 8. Grantee its authorized employees, representatives, and contractors, havc the right to: Contract of Sale and Purchase 8541 Shelby Lane Page 23 of 25 a. Enter the Property from time to time with at least seven days prior written notice to the Grantor to inspect the Property; provided, however, that in the case of an emergency, no notice or only such notice as is appropriate under the circumstances shall be required; and b. Make any reasonable repairs that are reasonably necessary to protect its interest in the Property in the event that the Grantor has not made such repairs within a reasonable time after notice from Grantee to the Grantor of the need for same. In such case, and if the repairs are the responsibility of the Grantor under this Agreement, the Grantor shall reimburse Grantee for the full cost of such repairs within 30 days after Grantee delivers to the Grantor copies of invoices for the repairs. 9. The Grantor shall consult with Grantee before making major structural changes or improvements to the Property. The Grantor has the right, after such consultation and at the Grantor's sole cost and expense, to make improvements and alterations to the Property, provided that such improvements do not reduce the value of the Property. 10. The Grantor shall not permit to be foreclosed any mechanic's or materialman's lien or other statutory lien against the Property by reason of work, labor, services, or materials supplied to or at the request of the Grantor. The Grantor shall pay and discharge any such mechanic's or materialman's lien filed against the Property within twenty (20) days after the filing thereof. In no event shall the Grantor have the right, authority, or power to bind Grantee or any interest of Grantee in the Property for any claim for labor or material or for any other charge or expense incurred in the repair, maintenance, construction, or alteration of the Property or the improvements thereon. 11. Whenever any notice is required or permitted hereunder, such notice shall be in writing and shall be deemed to be delivered when actually received or three days after deposit in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the persons shown below, or at such other addresses as the parties have hereafter specified by written notice. If to the Grantor: Doris Trammell 8541 Shelby Lane Fort Worth, Texas 76135 If to Grantee: City of Fort Worth Property Management Department 200 Texas Street Fort Worth, Texas 76102 Attn: Nita Shinsky Telephone: 817-392-8053 With a copy to: Matthew A. Murray City Attorney's Office 100 Fort Worth Trail Fort Worth, Texas 76102 Telephone 817-392-7600 Contract of Sale and Purchase 8541 Shelby Lane Page 24 of 25 12. This Life Estate Agreement may be amended only by an instrument in writing executed by both parties, and it shall be binding upon and inure to the benefit of the parties hereto and their respective successors, distributees, heirs, legal representatives, and assigns. In witness whereof, the parties have duly executed this Life Estate Agreement to be effective for all purposes as of the date stated in the introductory paragraph. GRANTOR: DORIS J. TRAMMELL BY: Doris J. Trammell ACCEPTED AND AGREED TO: CITY OF FORT WORTH By: Dana Burghdoff, Assistant City Manager APPROVED AS TO FORM AND LEGALITY: By: Matthew A. Murray Assistant City Attorney M&C: Date: Contract of Sale and Purchase 8541 Shelby Lane Page 25 of 25 Farm ., Request for Taxpayer Give Form to the (Rev. October2018) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service ► Go to www.trs.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. 00A; S .5. 1 I AA 4v� LL 2 Business name/disregarded entity name, f different from above Af/ 14 3 Check appropriate box for federal tax classification of the person whose name Is entered on line 1. Check only one of the 4 Exemptions (codes apply only to following seven boxes. certain entities, not individuals; see Instructions on page 3): Individual/sole proprietor or ❑ C Corporation El Corporation ElPartnership ElTrusUestate single -member LLC Exempt payee code (f any) ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnershlp) > Note: Check the appropriate box in the line above for the tax classification of the single-memtter owner. Do not check Exemption from FATCA reporting LLC If the LLC is classified as a single -member LLC that Is disregarded from the owner unless the owner of the LLC Is code (If any) another LLC that Is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that Is disregarded from the owner should check the appropriate box for the tax classification of Its owner. ❑ Other (see Instructions))- 6 Address (number, street, and apt, or suite no.) See Instructions. ysy r sHEtBy L4mc 6 City, state, and ZIP code (FORT WagM T 7(4135 7 List account number(s) here ioptlA. (Applies fo accounts melnIdned mdslde the U.S.) Requester's name and address (optional) IM Taxpayer Identification Number (TiN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid social security number backup withholding, For Individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other I Lt Iv I ( - O - I I I ;I� entities, it is your employer identification number (EIN). If you do not have a number, see How to get a ( (� - TIN, later. or Note: If the account is in more than one name, see the Instructions for line 1. Also see What Name and I Employer Identification number j Number To Give the Requester for guidelines on whose number to enter. FTI � I I I I I I I I I Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be Issued to me); and 2.1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup.withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or -abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than Interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the Instructions for Part ll, later. Sign Signature, . I /'� Here I U.S. person �� n ► ��! ,�y4 ✓ / / Data ► v/ --�— • Form 1099-6 (dividends, including those from stocks o �hutal General Instructions funds) Section references are to the Internal Revenue Code unless otherwise . . Form 1099-MISC (various types of income, prizes, awards, or gross noted. proceeds) . Future developments, For the latest Information about developments e Form 1099-B (stock or mutual fund sales and certain other related to Form W-9 and its instructions, such as legislation enacted transactions by brokers) after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an Information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an Information return the amount paid to you, or other amount reportable on an information return. Examples of information returns Include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage Interest), 1098-E (student loan Interest), 1098-T (tuition) • Form_ 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. It you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev, 10-2018) COMMITMENT FOR TITLE INSURANCE (T-7) Issued By: Commitment Number: roll) Alamo Title Insurance 6000182400513 :THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR NAME AND THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED REPRESENTATIVE HAS COUNTERSIGNED BELOW. i I We (Alamo Title Insurance, a Texas corporation) will issue our title insurance policy or policies (the Policy) to You (the proposed insured) upon payment of the premium and other charges due, and compliance with the requirements in Schedule C. Our Policy will be in the form approved by the Texas Department of Insurance at the date of issuance, and will insure your interest in the land described in Schedule A. The estimated premium for our Policy and applicable endorsements is shown on Schedule D. There may be additional charges such as recording fees, and expedited delivery expenses. I This IT, ends ninety (90) days from the effective date, unless the Policy is issued sooner, or failure to issue the Polic i is our fault. Our liability and obligations to you are under the express terms of this Commitment and end when this Com I itment expires. iAlamo Title Insurance By: Issued By: Alamo Title Company i �V�91 i 'I i 1/ Authorized Signatory -(LE IIV Michael J. Nolan, President �° nfy Attest: m ��alu Marjorie Nemzura, Secretary CONDITIONS AND STIPULATIONS 1. if lou have actual knowledge of any matter which may affect the title or mortgage covered by this Commitment that is not shown in Schedule B you must notify us in writing. if you do not notify us in writing, our liability to you is ended or recuced to the extent that your failure to notify us affects our liability. If you do notify us, or we learn of such matter, we may amend Schedule B, but we will not be relieved of liability already incurred. 2. Otar liability is only to you, and others who are included in the definition of Insured in the Policy to be issued. Our liability is only for actual loss incurred in your reliance on this Commitment to comply with its requirements, or to acquire the interest in the land. Our liability is limited to the amount shown in Schedule A of this Commitment and will be ubject to the following terms of the Policy: Insuring Provisions, Conditions and Stipulations, and Exclusions I Form T-7: Commitment for Title Insurance (01/03/14) TX--SPS-1-24-6000182400513 I I ALAMO TITLE INSURANCE COMMITMENT NO.: 6000182400513 SCHEDULE A Effective Date: July 14, 2024 at 8:00 AM Commitment No.: 6000182400513 1. The policy or policies to be issued are: a. OWNER'S POLICY OF TITLE INSURANCE (Form T-1) (Not applicable for improved one -to -four family residential real estate) Policy Amount: $325,000.00 PROPOSED INSURED: City of Fort Worth b. TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE ONE -TO -FOUR FAMILY RESIDENCES (Form T-1 R) Policy Amount: PROPOSED INSURED: c. LOAN POLICY OF TITLE INSURANCE (Form T-2) Policy Amount: PROPOSED INSURED: Proposed Borrower: GF No.: ATD-18-6000182400513 Issued: July 21, 2024 at 8:00 AM d. TEXAS SHORT FORM RESIDENTIAL LOAN POLICY OF TITLE INSURANCE (Form T-2R) Policy Amount: PROPOSED INSURED: Proposed Borrower: e. LOAN TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13) Policy Amount: PROPOSED INSURED: Proposed Borrower: f. OTHER Policy Amount: PROPOSED INSURED: 2. The interest in the land covered by this Commitment is: Fee Simple 3. Record title to the land on the Effective Date appears to be vested in: James R. Trammell and wife, Doris J. Trammell 4. Legal description of land: Lot 2R, Block 6, Lakeland Addition to the City of Fort Worth, Tarrant County, Texas, according to the Revised Plat recorded in Volume 388-171, Page 82, Plat Records, Tarrant County, Texas. END OF SCHEDULE A Form T-7: Commitment for Title Insurance (01/03/14) TX ---- SPS-1-24-6000182400513 ALAMO TITLE INSURANCE COMMITMENT NO.: 6000182400513 SCHEDULE B EXCEPTIONS FROM COVERAGE Commitment No.: 6000182400513 GF No.: ATD-18-6000182400513 In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorney's fees, and expenses resulting from: 1. The following restrictive covenants of record itemized below (We must either insert specific recording data or delete this exception): Volume 388-3, Page 60, Plat Records, Tarrant County, Texas Omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. Homestead or community property or survivorship rights, if any of any spouse of any insured. (Applies to the Owner Policy only.) 4. Any title or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or C. to filled -in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or easement along and across that area. (Applies to the Owner Policy only.) Standby fees, taxes and assessments by any taxing authority for the year 2024 and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership; but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year. (If Texas Short Form Residential Mortgagee Policy of Title Insurance (T-2R) is issued, that policy will substitute "which become due and payable subsequent to Date of Policy" in lieu of "for the year 2024 and subsequent year.") The terms and conditions of the documents creating your interest in the land. Materials furnished or labor performed in connection with planned construction before signing and delivering the lien document described in Schedule A, if the land is part of the homestead of the owner. (Applies to the Mortgagee Title Policy Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence is furnished to us before a binder is issued.) Form T-7: Commitment for Title Insurance (01/03/14) TX ---- SPS-1-24-6000182400513 ALAMO TITLE INSURANCE COMMITMENT NO.: 6000182400513 SCHEDULE B EXCEPTIONS FROM COVERAGE (continued) 8. Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured mortgage. (Applies to Mortgagee Policy (T-2) only.) The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential Mortgagee Policy of Title Insurance (T-2R). (Applies to Texas Short Form Residential Mortgagee Policy of Title Insurance (T-2R) only. Separate exceptions 1 through 8 of this Schedule B do not apply to the Texas Short Form Residential Mortgagee Policy of Title Insurance (T-2R). 10. The following matters and all terms of the documents creating or offering evidence of the matters (We must insert matters or delete this exception): a. Rights of parties in possession. b. The following exception will appear in any policy issued (other than the T-1 R Residential Owner Policy of Title Insurance and the T-2R Short -Form Residential Mortgagee Policy) if the Company is not provided a survey of the Land, acceptable to the Company, for review at or prior to closing: Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land. Note: Upon receipt of a survey acceptable to the Title Company, this exception will be deleted. The Company reserves the right to except additional items and/or make additional requirements after reviewing said survey. C. If any portion of the proposed loan and/or the Owner's Title Policy coverage amount includes funds for immediately contemplated improvements, the following exceptions will appear in Schedule B of any policy issued as indicated: Owner and Loan Policy(ies): Any and all liens arising by reason of unpaid bills or claims for work performed or materials furnished in connection with improvements placed, or to be placed, upon the subject land. However, the Company does insure the insured against loss, if any, sustained by the Insured under this policy if such liens have been filed with the County Clerk of County, Texas, prior to the date hereof. Owner Policy(ies) Only: Liability hereunder at the date hereof is limited to $ 0.00. Liability shall increase as contemplated improvements are made, so that any loss payable hereunder shall be limited to said sum plus the amount actually expended by the insured in improvements at the time the loss occurs. Any expenditures made for improvements, subsequent to the date of this policy, will be deemed made as of the date of this policy. In no event shall the liability of the Company hereunder exceed the face amount of this policy. Nothing contained in this paragraph shall be construed as limiting any exception or any printed provision of this policy. Loan Policy(ies) Only: Pending disbursement of the full proceeds of the loan secured by the lien instrument set forth under Schedule A hereof, this policy insures only to the extent of the amount actually disbursed, but increase as each disbursement is made in good faith and without knowledge of any defect in, or objections to, the title up to the face amount of the policy. Nothing contained in this paragraph shall be construed as limiting any exception under Schedule B, or any printed provision of this policy. d. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges, and immunities relating thereto, appearing in the Public Records whether listed in Schedule B or not. There may be leases, grants, exceptions or reservations of mineral interest that are not listed. Form T-7: Commitment for Title Insurance (01/03/14) TX ---- SPS-1-24-6000182400513 ALAMO TITLE INSURANCE COMMITMENT NO.: 6000182400513 SCHEDULE B EXCEPTIONS FROM COVERAGE (continued) e. All leases, grants, exceptions or reservations of the geothermal energy and associated resources below the surface of the Land, together with all rights, privileges, and immunities relating thereto, appearing in the Public Records whether listed in Schedule B or not. There may be leases, grants, exceptions or reservations of the geothermal energy and associated resources below the surface of the Land that are not listed. A building set -back line, as disclosed by Plat. Recording No.: Volume 388-3, Page 60, Plat Records, Tarrant County, Texas Affects: 25 Feet Front g. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said tract/plat; Purpose: Utility Easement Affects: 5 Feet Rear Recording No: Volume 388-3, Page 60, Plat Records, Tarrant County, Texas h. Lease for coal, lignite, oil, gas or other minerals, together with rights incident thereto, dated August 2, 2007, by and between James R. Trammell and Doris J. Trammell, husband and wife, as Lessor, and XTO Energy Inc., as Lessee, recorded October 17, 2007 at under Clerk's File No(s). D207372065, of the Official Records of Tarrant County, Texas. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). Form T-7: Commitment for Title Insurance (01/03/14) TX ---- SPS-1-24-6000182400513 ALAMO TITLE INSURANCE COMMITMENT NO.: 6000182400513 SCHEDULE C Commitment No.: 6000182400513 GF No.: ATD-18-6000182400513 Your Policy will not cover loss, costs, attorneys' fees, and expenses resulting from the following requirements that will appear as Exceptions in Schedule B of the Policy, unless you dispose of these matters to our satisfaction, before the date the Policy is issued: Documents creating your title or interest must be approved by us and must be signed, notarized and filed for record. Satisfactory evidence must be provided that: a. no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule A, b. all standby fees, taxes, assessments and charges against the property have been paid, C. all improvements or repairs to the property are completed and accepted by the owner, and that all contractors, sub -contractors, laborers and suppliers have been fully paid, and that no mechanic's, laborer's or materialmen's liens have attached to the property, d. there is legal right of access to and from the land, e. (on a Mortgagee Policy only) restrictions have not been and will not be violated that affect the validity and priority of the insured mortgage. 3. You must pay the seller or borrower the agreed amount for your property or interest. 4. Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is filed after the effective date of this Commitment. Prior approval from Regional Underwriting must be obtained if the subject transaction involves the proposed issuance of (i) an Owner's Policy to a person or entity who purchased the subject property at a foreclosure sale, or (ii) a Loan Policy insuring a lien granted by such person or entity on the subject property. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. The Company does not find probate or heir ship affidavit of record for James R. Trammell . If there were probate proceedings on the decedent in a county in the State of Texas other than the county where the property to be insured is located, obtain certified copy of Application for Probate of Will, Will, Order Admitting Will to Probate, Oath of Executor and Inventory and Appraisement. If there were foreign probate proceedings in a state other than the State of Texas, obtain "attested" copy of Application for Probate of Will, Will, Order Admitting Will to Probate, Oath of Executor and Inventory and Appraisement that meet the requirements of Section 95 and Section 96 of the Texas Probate Code. If death occurred more than four years ago with a Will that was not admitted to probate or if decedent died without a Will more than two years ago and there has been no probate opened on decedent, obtain full and complete heirship affidavit to be executed by one direct member of the family of decedent and corroborated by at least two disinterested persons (reflecting the length of time they knew the decedent and the manner of acquaintance), which affidavit must show complete marital history, all heirs, proof that all debts of the estate are paid, and proof that estate taxes are paid or none are due. Resubmit title file along with all proof of vesting to title department for examination and revised Title Commitment. The Company must be furnished with a death certificate for the decedent, properly certified by the issuing governmental agency. Any deviation from this procedure should be approved by Regional Underwriting. Form T-7: Commitment for Title Insurance (01/03/14) TX ---- SPS-1-24-6000182400513 ALAMO TITLE INSURANCE COMMITMENT NO.: 6000182400513 SCHEDULE C (continued) The Company reserves the right to add additional items or make further requirements after review of the requested documentation. The following note is for informational purposes only: The following deed(s) affecting said land were recorded within twenty-four (24) months of the date of this report: None found of record. The last Deed found of record affecting the Land was recorded January 15, 1993 at Volume 10916, Page 1103, Real Property Records, Tarrant County, Texas, wherein the grantee acquired the subject property. Note —Important Notice You have the right to have your funds deposited in an interest -bearing account. If you choose to establish an interest -bearing account for your deposit, notify your escrow officer immediately. Thereafter you will be provided with a Notice of Election form which you should complete in writing by completing and returning the form, along with your taxpayer identification information, not later than five (5) days before the scheduled closing. If you choose to establish an interest -bearing account for your deposit, an additional charge of $50.00 will be required. This charge may exceed the amount of interest to be earned on the deposit, depending on the amount, applicable interest rate, and the duration of the deposit. As an example, the amount of interest you can earn on a deposit of $1000.00 for a thirty -day period at an interest rate of 4% is $3.33. Interest earned is dependent on the amount of deposit, time of deposit and the applicable interest rate. If you do not choose to establish an interest -bearing account for your deposit, your funds will be deposited with other escrow funds in your escrow agent's general escrow account with an authorized financial institution and may be transferred to another general escrow account or accounts. By reason of the banking relationship between our Company and the financial institution, the Company may receive an array of bank services, accommodations or other benefits. The escrow funds will not be affected by such services, accommodations or other benefits. Failure to notify your escrow officer and complete the additional required investment authorization form shall constitute waiver of any intention of establishing an interest -bearing account for your deposit(s). 10. Except in an exempt transaction, the Company must be furnished with seller's social security number or tax identification number and all other information necessary to complete IRS Form 1099S. 11. The Company and its policy issuing agents are required by Federal law to collect additional information about certain transactions in specified geographic areas in accordance with the Bank Secrecy Act. If this transaction is required to be reported under a Geographic Targeting Order issued by FinCEN, the Company or its policy issuing agent must be supplied with a completed ALTA Information Collection Form ("ICF") prior to closing the transaction contemplated herein. 12. As to any document creating your title or interest that will be executed or recorded electronically, or notarized pursuant to an online notarization, the following requirements apply: • Confirmation prior to closing that the County Clerk of Tarrant County, Texas has approved and authorized electronic recording of electronically signed and notarized instruments in the form and format that is being used. • Electronic recordation of the instruments to be insured in the Official Public Records of Tarrant County, Texas. Form T-7: Commitment for Title Insurance (01/03/14) TX ---- SPS-1-24-6000182400513 ALAMO TITLE INSURANCE COMMITMENT NO.: 6000182400513 SCHEDULE C (continued) • Execution of the instruments to be insured pursuant to the requirements of the Texas Uniform Electronic Transactions Act, Chapter 322 of the Business and Commerce Code. • Acknowledgement of the instruments to be insured by a notary properly commissioned as an online notary public by the Texas Secretary of State with the ability to perform electronic and online notarial acts under 1 TAC Chapter 87. Form T-7: Commitment for Title Insurance (01/03/14) TX ---- SPS-1-24-6000182400513 ALAMO TITLE INSURANCE COMMITMENT NO.: 6000182400513 SCHEDULE D Commitment No.: 6000182400513 GF No.: ATD-18-6000182400513 Pursuant to the requirements of Rule P-21, Basic Manual of Rules, Rates and Forms for the writing of Title Insurance in the State of Texas, the following disclosures are made: The issuing Title Insurance Company, Alamo Title Insurance, is a corporation whose shareholders owning or controlling, directly or indirectly, 10% of said corporation, directors and officers are listed below: Shareholders: Fidelity National Title Group, Inc., which is owned 100% by FNTG Holdings, LLC, which is owned 100% by Fidelity National Financial, Inc., a publicly held company. Directors: Steven G. Day, Joseph W. Grealish, Roger S. Jewkes, Marjorie Nemzura, Michael J. Nolan, Anthony J. Park, John A. Wunderlich Officers: Michael J. Nolan (President, Chief Executive Officer, and Chairman of the Board), Anthony J. Park (Treasurer, Chief Financial Officer, and Executive Vice President), Marjorie Nemzura (Corporate Secretary and Vice President) 2. The following disclosures are made by the Title Insurance Agent issuing this Commitment: Alamo Title Company (a) A listing of each shareholder, owner, partner, or other person having, owning or controlling one percent (1%) or more of the Title Insurance Agent that will receive a portion of the premium. Owners: Alamo Title Holding Company owns 100% of Alamo Title Company (b) A listing of each shareholder, owner, partner, or other person having, owning or controlling 10 percent (10%) or more of an entity that has, owns or controls one percent (1 %) or more of the Title Insurance Agent that will receive a portion of the premium. Owners: FNTS Holdings, LLC owns 100% of Alamo Title Holding Company, which owns 100% of Alamo Title Company (c) If the Agent is a corporation: (i) the name of each director of the Title Insurance Agent, and (ii) the names of the President, the Executive or Senior Vice -President, the Secretary and the Treasurer of the Title Insurance Agent. Directors: Michael J. Nolan, Anthony John Park Officers: Michael J. Nolan (Chief Executive Officer), Edward J. Hall (President), Robert Kuhn (President), Carlos E. Valdes (President), Anthony John Park (Executive Vice President and Chief Financial Officer), Joseph William Grealish (Executive Vice President), John Ernst (Executive Vice President), Natalie Warren (Executive Vice President), Marjorie Nemzura (Secretary) (d) The name of any person who is not a full-time employee of the Title Insurance Agent and who receives any portion of the title insurance premium for services performed on behalf of the Title Insurance Agent in connection with the issuance of a title insurance form; and, the amount of premium that any such person shall receive. NONE. (e) For purposes of this paragraph 2, "having, owning or controlling" includes the right to receipt of a percentage of net income, gross income, or cash flow of the Agent or entity in the percentage stated in subparagraphs (a) or (b). 3. You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this commitment relates. Upon your request, such disclosure will be made to you. Additionally, the name of any person, firm or corporation receiving a portion of the premium from the settlement of this transaction will be disclosed on the closing or settlement statement. You are further advised that the estimated title premium' is: Owner's Policy $ 2,018.00 Total $ 2,018.00 Of this total amount: 15% will be paid to the policy issuing Title Insurance Company; 85% will be retained by the issuing Title Insurance Agent; and the remainder of the estimated premium will be paid to other parties as follows: Percent/Amount To Whom For Services "The estimated premium is based upon information furnished to us as of the date of this Commitment for Title Insurance. Final determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by the Commissioner of Insurance. Form T-7: Commitment for Title Insurance (01/03/14) TX ---- SPS-1-24-6000182400513 LEGAL DESCRIPTION Order No.: 6000182400513 Lot 2R, Block 6, Lakeland Addition to the City of Fort Worth, Tarrant County, Texas, according to the Revised Plat recorded in Volume 388-171, Page 82, Plat Records, Tarrant County, Texas. TEXAS TITLE INSURANCE INFORMATION Title insurance insures you against loss resulting from certain risks to your title. The commitment for Title Insurance is the title insurance company's promise to issue the title insurance policy. The commitment is a legal document. You should review it carefully to completely understand it before your closing date. El seguro de titulo le asegura en relaci6n a perdidas resultantes de ciertos riesgos que pueden afectar el titulo de su propriedad. El Compromiso para Seguro de Titulo es la promesa de la compania aseguradora de titulos de emitir la p6liza de seguro de titulo. El Compromiso es un documento legal. Usted debe leerlo cuidadosamente y endenterlo complemente antes de la fecha para finalizar su transacci6n. Your Commitment for Title insurance is a legal contract between you and us. The Commitment is not an opinion or report of your title. It is a contract to issue you a policy subject to the Commitment's terms and requirements. Before issuing a Commitment for Title Insurance (the Commitment) or a Title Insurance Policy (the Policy), the Title Insurance Company (the Company) determines whether the title is insurable. This determination has already been made. Part of that determination involves the Company's decision to insure the title except for certain risks that will not be covered by the Policy. Some of these risks are listed in Schedule B of the attached Commitment as Exceptions. Other risks are stated in the Policy as Exclusions. These risks will not be covered by the Policy. The Policy is not an abstract of title nor does a Company have an obligation to determine the ownership of any mineral interest. --MINERALS AND MINERAL RIGHTS may not be covered by the Policy. The Company may be unwilling to insure title unless there is an exclusion or an exception as to Minerals and Mineral Rights in the Policy. Optional endorsements insuring certain risks involving minerals, and the use of improvements (excluding lawns, shrubbery and trees) and permanent buildings may be available for purchase. If the title insurer issues the title policy with an exclusion or exception to the minerals and mineral rights, neither this Policy, nor the optional endorsements, insure that the purchaser has title to the mineral rights related to the surface estate. Another part of the determination involves whether the promise to insure is conditioned upon certain requirements being met. Schedule C of the Commitment lists these requirements that must be satisfied or the Company will refuse to cover them. You may want to discuss any matters shown in Schedules B and C of the Commitment with an attorney. These matters will affect your title and your use of the land. When your Policy is issued, the coverage will be limited by the Policy's Exceptions, Exclusions and Conditions, defined below. ---EXCEPTIONS are title risks that a Policy generally covers but does not cover in a particular instance. Exceptions are shown on Schedule B or discussed in Schedule C of the Commitment. They can also be added if you do not comply with the Conditions section of the Commitment. When the Policy is issued, all Exceptions will be on Schedule B of the Policy. ---EXCLUSIONS are title risks that a Policy generally does not cover. Exclusions are contained in the Policy but not shown or discussed in the Commitment. ---CONDITIONS are additional provisions that qualify or limit your coverage. Conditions include your responsibilities and those of the Company. They are contained in the Policy but not shown or discussed in the Commitment. The Policy Conditions are not the same as the Commitment Conditions. FORM T-7: Commitment for Title Insurance (Title Insurance Information) (01/03/14) Commitment Number: 6000182400513 GF#: ATD-18-6000182400513 TEXAS TITLE INSURANCE INFORMATION (Continued) You can get a copy of the policy form approved by the Texas Department of Insurance by calling the Title Insurance Company at 1-800-442-7067 or by calling the title insurance agent that issued the Commitment. The Texas Department of Insurance may revise the policy form from time to time. You can also get a brochure that explains the policy from the Texas Department of Insurance by calling 1-800-252-3439. Before the Policy is issued, you may request changes in the policy. Some of the changes to consider are: ---Request amendment of the "area and boundary" exception (Schedule B, paragraph 2). To get this amendment, you must furnish a survey and comply with other requirements of the Company. On the Owner's Policy, you must pay an additional premium for the amendment. If the survey is acceptable to the Company and if the Company's other requirements are met, your Policy will insure you against loss because of discrepancies or conflicts in boundary lines, encroachments or protrusions, or overlapping of improvements. The Company may then decide not to insure against specific boundary or survey problems by making special exceptions in the Policy. Whether or not you request amendment of the "area and boundary" exception, you should determine whether you want to purchase and review a survey if a survey is not being provided to you. ---Allow the Company to add an exception to "rights of parties in possession." If you refuse this exception, the Company or the title insurance agent may inspect the property. The Company may except to and not insure you against the rights of specific persons, such as renters, adverse owners or easement holders who occupy the land. The Company may charge you for the inspection. If you want to make your own inspection, you must sign a Waiver of Inspection form and allow the Company to add this exception to your Policy. The entire premium for a Policy must be paid when the Policy is issued. You will not owe any additional premiums unless you want to increase your coverage at a later date and the Company agrees to add an Increased Value Endorsement. FORM T-7: Commitment for Title Insurance (Title Insurance Information) (01/03/14) DELETION OF ARBITRATION PROVISION (Not applicable to the Texas Residential Owner's Policy) ARBITRATION is a common form of alternative dispute resolution. It can be a quicker and cheaper means to settle a dispute with your Title Insurance Company. However, if you agree to arbitrate, you give up your right to take the Title Insurance Company to court and your rights to discovery of evidence may be limited in the arbitration process. In addition, you cannot usually appeal an arbitrator's award. Your policy contains an arbitration provision (shown below). It allows you or the Company to require arbitration if the amount of insurance is $2,000,000 or less. If you want to retain your right to sue the Company in case of a dispute over a claim, you must request deletion of the arbitration provision before the policy is issued. You can do this by signing this form and returning it to the Company at or before the closing of your real estate transaction or by writing to the Company. The arbitration provision in the Policy is as follows: "Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured, unless the Insured is an individual person (as distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction." Signature Date FORM T-7: Commitment for Title Insurance (Deletion of Arbitration Provision) (01/03/14) FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Effective July 1, 2024 Fidelity National Financial, Inc. and its majority -owned subsidiary companies (collectively, "FNF," "our," or "we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice, the privacy notice will be available on the subsidiary's website and this Privacy Notice does not apply. Collection of Personal Information FNF may collect the following categories of Personal Information: • contact information (e.g., name, address, phone number, email address); • demographic information (e.g., date of birth, gender, marital status); • identity information (e.g. Social Security Number, driver's license, passport, or other government ID number); • financial account information (e.g. loan or bank account information); • biometric data (e.g. fingerprints, retina or iris scans, voiceprints, or other unique biological characteristics, and • other personal information necessary to provide products or services to you. We may collect Personal Information about you from: • information we receive from you or your agent; • information about your transactions with FNF, our affiliates, or others; and • information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. Collection of Browsing Information FNF automatically collects the following types of Browsing Information when you access an FNF website, online service, or application (each an "FNF Website") from your Internet browser, computer, and/or device: • Internet Protocol (IP) address and operating system; • browser version, language, and type; • domain name system requests; and • browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Not Track. Currently our FNF Websites do not respond to "Do Not Track" features enabled through your browser. PRIVACY STATEMENT TXFNFTIF_PrivacyStatement.doc onAtHIT10TITLE Effective Date: 5/1/2018 Links to Other Sites. FNF Websites may contain links to unaffiliated third -party websites. FNF is not responsible for the privacy practices or content of those websites. We recommend that you read the privacy policy of every website you visit. Use of Personal Information FNF uses Personal Information for these main purposes: • To provide products and services to you or in connection with a transaction involving you. • To improve our products and services. • To prevent and detect fraud; • To maintain the security of our systems, tools, accounts, and applications; • To verify and authenticate identities and credentials; • To communicate with you about our, our affiliates', and others' products and services, jointly or independently. • To provide reviews and testimonials about our services, with your consent. When Information Is Disclosed We may disclose your Personal Information and Browsing Information in the following circumstances: • to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; • to affiliated or nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions; • to affiliated or nonaffiliated third parties with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; • to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or • in the good -faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. Securitv of Your Information We maintain physical, electronic, and procedural safeguards to protect your Personal Information. Choices With Your Information Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. For additional information about your California privacy rights, please visit the "California Privacy" link on our website (https://fnf.com/pages/californiar)rivacv.aspx) or call (888) 413-1748. For Connecticut Residents: For additional information about your Connecticut consumer privacy rights, or to make a consumer privacy request, or to appeal a previous privacy request, please email r)rivacv(d)fnf.com or call (888) 714-2710. PRIVACY STATEMENT TXFNFTIF_PrivacyStatement.doc onEllHI110TITLE Effective Date: 5/1/2018 For Colorado Residents: For additional information about your Colorado consumer privacy rights, or to make a consumer privacy request, or appeal a previous privacy request, please email privacv6d)fnf.com or call (888) 714-2710. For Nevada Residents: We are providing this notice pursuant to state law. You may be placed on our internal Do Not Call List by calling FNF Privacy at (888) 714-2710 or by contacting us via the information set forth at the end of this Privacy Notice. For further information concerning Nevada's telephone solicitation law, you may contact: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: aginguiriesCa_ag.state. nv.us. For Oregon Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For additional information about your Oregon consumer privacy rights, or to make a consumer privacy request, or appeal a previous privacy request, please email privacvna.fnf.com or call (888) 714-2710 We may disclose the categories of Personal Information and Browsing information listed above to the following categories of third parties: • FNF affiliates and subsidiaries; • Non-affiliated third parties, with your consent; • Business in connection with the sale or other disposition of all or part of the FNF business and/or assets; • Service providers; • Law endorsement or authorities in connection with an investigation, or in response to a subpoena or court order. 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PRIVACY STATEMENT I■I AlaMOTITLE TXFNFTI F_PrivacyStatement.doc Effective Date: 5/1/2018 International Users FNF's headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice. FNF Website Services for Mortuage Loans Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the "Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except as required or authorized by contract with the mortgage loan servicer or lender, or as required by law or in the good -faith belief that such disclosure is necessary: to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. Your Consent To This Privacv Notice. Notice Chanqes By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The Privacy Notice's effective date will show the last date changes were made. If you provide information to us following any change of the Privacy Notice, that signifies your assent to and acceptance of the changes to the Privacy Notice. Accessing and Correcting Information, Contact Us If you have questions or would like to correct your Personal Information, visit FNF's Privacv Inauiry Website or contact us by phone at (888) 714-2710, by email at privacvCa..fnf.com, or by mail to: Fidelity National Financial, Inc. 601 Riverside Avenue, Jacksonville, Florida 32204 Attn: Chief Privacy Officer PRIVACY STATEMENT TXFNFTIF_PrivacyStatement.doc onEllHI110TITLE City of Fort Worth, Texas Mayor and Council Communication DATE: 10/29/24 M&C FILE NUMBER: M&C 24-0922 LOG NAME: 218541SHELBY SUBJECT (CD 7) Authorize the Voluntary Acquisition of a Fee Simple Interest in Land and Improvements, with Reservation of a Life Estate, in Lot 2R, Block 6, of Lakeland Addition, Located at 8541 Shelby Lane, Fort Worth, Texas 76135 from Doris Trammell for $325,000.00; Pay Estimated Buyer Closing Costs in an Amount Up to $10,000.00 for a Total Cost of $335,000.00; and Dedicate the Property as Parkland as an Addition to the Fort Worth Nature Center and Refuge Upon Termination of the Life Estate RECOMMENDATION: It is recommended that the City Council: 1. Authorize the voluntary acquisition of a fee simple interest in land and improvements, with reservation of a life estate, in Lot 2R, Block 6, Lakeland Addition, located at 8541 Shelby Lane, Fort Worth, Texas 76135, from Doris Trammell for $325,000.00; 2. Authorize the payment of buyer closing costs in an amount not to exceed $10,000.00; 3. Authorize the City Manager or his designee to accept the conveyances and record the appropriate instruments; and 4. Dedicate the property as parkland as an addition to the Fort Worth Nature Center and Refuge upon termination of the life estate. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the acquisition of land and improvements, with reservation of a life estate, to provide additional special use parkland at the Fort Worth Nature Center and Refuge (FWNCR). The Lakeland Addition is a small residential neighborhood surrounded by the FWNCR. There are currently fourteen privately owned properties within this neighborhood area. Over the past several years, the City has been acquiring properties in the Lakeland Subdivision as they have become available. As the City has acquired the properties, they have been integrated into the FWNCR as endorsed in the Nature Center Master Plan, approved by City Council on June 17, 2003, in M&C G-13998. Staff recently identified that the property that is the subject of this M&C in the Lakeland Addition is available for purchase. This property is an improved residential lot. Integration of this property is essential for the future development of the FWNCR. The property is further described as follows: Owner Legal Description Purchase Closing Total Price Costs Doris Lot 2R, Block 6, Lakeland Addition, 8541 $325,000.00 $10,000.00 $335,000.00 Trammell Shelby Lane, Fort Worth, Texas 76135 An independent appraisal was obtained to establish the fair market value of this property. The owner has agreed to sell the property and improvements, with reservation of a life estate, in the amount of $325,000.00. The real estate taxes will continue to be paid for by the seller until the termination of the life estate. The City will pay Buyer closing costs up to $10,000.00. There will be no assistance of relocation allowance or moving costs to the seller as this is a voluntary sale. Funding is budgeted in the Park & Recreation Department's General Capital Projects Fund for the purpose of funding the FWNCR - 8541 Shelby Lane project (City Project No: 105734), as appropriated. Upon City Council approval, staff will proceed with acquiring the fee simple interest, subject to the life estate. Upon fee simple acquisition, and after termination of the life estate, any remaining structures will be scheduled for demolition through the Environmental Services Department. The property is located in COUNCIL DISTRICT 7. A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the General Capital Projects Fund for the FWNCR - 8541 Shelby Lane project to support the approval of the above recommendations and land acquisition. The financial records of the City will be updated to reflect this dedication based upon the Capital Assets Policy contained within the Financial Management Policy Statements. Prior to an expenditure being incurred, the Park & Recreation Department has the responsibility to validate the availability of funds. Submitted for Citv Manaaer's Office bv: Dana Burghdoff 8018 Oriainatina Business Unit Head: Marilyn Marvin 7708 Richard Zavala 5704 Additional Information Contact: Ricardo Salazar 8379 Nita Shinsky 8053