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HomeMy WebLinkAboutContract 63610Docusign Envelope ID: 3203F305-A72B-4AE3-AB86-B5EEA66D0639 STATE OF TEXAS CSC No. 63610 COUNTY OF TARRANT STANDARD LISTING AND COMMISSION AGREEMENT SALE TRANSACTION This Standard Listing and Commission Agreement Sale Transaction ("Agreement") is entered into on this the day of 07/03/2025 , 2025 ("Effective Date"), by and between the City of Fort Worth, a political subdivision of the State of Texas, hereinafter referred to as "Owner," and LanCarte Commercial Real Estate, LLC d/b/a LanCarte Commercial, hereinafter referred to as "Broker." RECITALS WHEREAS Owner is the owner of certain real property as described in Exhibit "A" (said real property together with all improvements being hereinafter referred to as the "Property"); WHEREAS in accordance with section 253.014 of the Local Government Code, Owner desires to appoint Broker as its exclusive listing agent with respect to selling the Property and Broker desires to accept such appointment as exclusive listing agent subject to the terms and provisions hereof; NOW THEREFORE, for and in consideration of mutual promises set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Broker and Owner hereby agree as follows: Owner represents and warrants that it has legal fee simple title to the Property. 2. For and in consideration of the mutual promises set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, both Owner and Broker agree that Owner hereby appoints Broker the sole and exclusive agent of Owner and grants to Broker during the Term (as hereinafter defined) the exclusive right to sell the above described Property on the terms and conditions hereinafter set forth: Broker shall provide the following services with respect to the Property: (a) Market the Property and list the Property for sale for at least thirty (30) days with a multiple -listing service; and (b) Ensure that the listing contains the following information for prospective buyers: (i) the Owner is a governmental entity and all offers are subject to approval from the Fort Worth City Council at a public meeting; and (ii) the Property is sold as -is and a seller's disclosure will not be provided; and (iii) the Owner may only sell the Property to the buyer who submits the highest Commission Aereement-Sale Transaction - PaQe 1 6/30/2025 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Docusign Envelope ID: 3203F305-A72B-4AE3-AB86-B5EEA66D0639 cash offer; and (c) Provide periodic updates to the Owner; and (d) Conduct all showings and other entries by Broker onto the Property; and (e) Prior to allowing any person into or on the Property, obtain an executed waiver of liability in the form to be provided by Owner; and 3. The term of this Agreement shall commence on the Effective Date, and terminate one hundred and eighty (180) days thereafter (the "Term"); provided, however, (i) the Term shall be automatically extended for successive periods of thirty (30) days each unless either parry sends written notice to the other of its desire to terminate this Agreement at least thirty (30) days prior to the scheduled termination date, and (ii) the Term shall be automatically extended for that period of time reasonably necessary to complete any sale of the Property which is pending at expiration of the Term. 4. In consideration for Broker providing the above mentioned services, Owner hereby agrees to pay the following sums as compensation hereunder: a. As used herein, a sale or exchange includes a sale or assignment of the majority of the Owner's interest in the Property to an entity or individual not related to the Owner. As used herein, "related" means a family member or an entity owned in whole or in part by the individuals or owners which own all or a portion of Owner if Owner is not an individual. b. Owner shall pay a commission (the "Commission") to Broker upon the actual closing of a sale of the Property pursuant to a contract accepted by Owner in an amount equal to the sum as defined below of the Gross Purchase Price (as hereinafter defined), not inclusive of recording fees, taxes, or other charges: (i) Six percent (6%) on the first $3,000,000 and three percent (3%) thereafter of the Gross Purchase Price; (ii) Should a sale exceed a Gross Purchase Price of $10,000,000.00, the Commission shall be reduced to three percent (3%); (iii) Owner's obligation to Broker relating to the payment of Commission shall survive the termination of this Agreement with respect to any contract of sale with a "registered prospect" which is fully executed by both Owner and the purchaser within one hundred eighty (180) days of the termination. For purposes hereof, the term "registered prospect" shall mean any person whose interest in the Property and contact with Broker has been disclosed to Owner in writing on or before the fifth (5th) day following termination of the Agreement. Broker and Owner each covenant and agree one to the other to operate in good faith with respect to the registration of prospects. Commission Aereement-Sale Transaction - PaQe 2 6/30/2025 Docusign Envelope ID: 3203F305-A72B-4AE3-AB86-B5EEA66D0639 (iv) No Commission shall be payable to Broker unless the Property is actually sold, regardless of the reason. Broker acknowledges and agrees that any Commission paid by Owner to Broker is expressly subject to and contingent upon the sale of the Property and the approval of the Fort Worth City Council in an open and public meeting. The term "Gross Purchase Price" as used in this Agreement shall include all cash paid, notes given, and mortgage indebtedness subject to which the Property is taken and mortgage indebtedness which is assumed, and the fair market value of any other consideration, prior to the deduction of any reasonable and customary expenses in connection with the sale or exchange. 5. It is anticipated that Broker may incur expenses involved in the administration of marketing information, in-house brochures, postage, signage and other variable expenses in marketing the Property. Broker agrees to bear all such expenses except for any items specifically requested by Owner, which Owner agrees to pay for in advance. 6. Owner agrees to refer to Broker all inquiries which Owner may receive relating to such Property, to conduct through Broker all negotiations relating to the sale of the Property, and to cooperate with Broker fully in Broker's efforts to sell the Property. Owner specifically delegates to Broker the responsibility for coordinating the design, placement, and construction of any on -site sales signage, at the expense of Broker, subject to Owner's approval. 7. LIABILITY AND INDEMNIFICATION. BROKER SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF BROKER, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. BROKER AGREES TO DEFEND, INDEMNIFY, AND HOLD THE OWNER, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS, AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY (INCLUDING DEATH) THAT MAY RELATE TO, ARISE OUT OF, OR BE OCCASIONED BY (I) BROKER'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (II) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF BROKER, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE OWNER), OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OF THIS AGREEMENT; EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE OWNER OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH BROKER AND OWNER, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE OWNER'S GOVERNMENTAL IMMUNITY AS FURTHER PROVIDED BY THE LAWS OF TEXAS. Commission Aereement-Sale Transaction - PaQe 3 6/30/2025 Docusign Envelope ID: 3203F305-A72B-4AE3-AB86-B5EEA66D0639 8. Broker shall endeavor with all reasonable efforts to find a purchaser for the Property on the terms herein set forth. Broker may take such actions to sell the Property as Broker may deem advisable in Broker's discretion, including the listing of the Property with cooperating brokers. However, it is hereby agreed and acknowledged that the sales price and other terms and conditions of any contract to sell the Property are within the Owner's sole and absolute discretion and Broker shall not represent to anyone that Broker is authorized to bind the Owner with respect to the sale of the Property, without first obtaining the prior express written consent of Owner to do so. 9. Either party shall have the right to terminate this Agreement at any time, without cause, upon thirty (30) days prior written notice to the other. Upon any termination hereof, regardless of how such termination has arisen, Broker, if requested in writing to do so, shall promptly deliver to Owner copies of all marketing materials and other related matters in Broker's possession, or subject to Brokers custody or control, which relate solely to the Property. 10. The Owner hereby acknowledges receipt of a copy of this Agreement and further agrees it shall be binding upon the heirs, successors, and assigns of the Owner. 11. AGENCY RELATIONSHIPS: A. Owner acknowledges receipt of the attached exhibit entitled "Information About Brokerage Services", which is incorporated in this Agreement for all purposes. B. Broker shall exclusively represent Owner in negotiations for the sale of the Property unless Owner authorizes Broker, as set forth below, to act as an intermediary in the event Broker also represents a buyer who offers to purchase the Property (choose (1) or (2)). ®(1) Intermediary Relationship Authorized: Owner authorizes Broker to show the Property to prospective buyers Broker has agreed to represent. If Broker represents a buyer who offers to purchase the Property, Owner authorizes Broker to act as an intermediary between the buyer and Owner, to present any offer such buyer may wish to make, and to assist both Owner and buyer in negotiations for the sale of the Property. If Broker acts as an intermediary between Owner and a buyer, Broker: (i) may not disclose to the buyer that the Owner will accept a price less than the asking price (Listing Price) unless otherwise instructed in a separate writing by the Owner; (ii) may not disclose to Owner that the buyer will pay a price greater than the price submitted in a written offer to the Owner unless otherwise instructed in a separate writing by the buyer; (iii) may not disclose any confidential information or any information Owner or the buyer specifically instructs Broker in writing not to disclose unless otherwise instructed in a separate writing by the respective party or required to disclose the information by the Real Estate License Act, applicable law, or a court order or if the information materially relates to the condition of the Property; Commission Aereement-Sale Transaction - PaQe 4 6/30/2025 Docusign Envelope ID: 3203F305-A72B-4AE3-AB86-B5EEA66D0639 (iv) shall treat all parties to the transaction honestly; and (v) shall comply with the Real Estate License Act. If Broker acts as an intermediary, Broker may appoint a licensed associate(s) of Broker to communicate with, carry out instructions of, and provide opinions and advice during the negotiations to Owner and appoint another licensed associate(s) for the same purposes to the buyer. ❑ (2) Intermediary Relationship not Authorized: Broker shall exclusively represent Owner and may not act as an intermediary between Owner and a buyer, Owner understands (choose (i) or (ii)): ❑ (i) Broker exclusively represents owners of real property and does not represent buyers. ❑(ii) Broker represents both buyers and owners of real property. However, Broker shall not show the Property to any buyer Broker represents. C. Broker shall not knowingly, during the term of this Agreement or after its termination, disclose information obtained in confidence from Owner, except as authorized by Owner or required by law. Broker shall not disclose to Owner any information obtained in confidence regarding any other person Broker represents or may have represented, except as required by law. 12. Owner represents that: (1) Owner has fee simple title to and peaceable possession of the Property and all improvements and fixtures thereon, unless rented, and the legal capacity to sell the Property; (2) Owner is not now a party to a listing agreement with another broker for the sale or exchange of the Property; (3) no person or entity has any right to purchase, sale or acquire the Property by virtue of an option, right of first refusal, or other agreement; (4) there are no delinquencies or defaults under any deed of trust, mortgage, or other encumbrance on the Property; (5) the Property is not subject to the jurisdiction of any court; and (6) all written information relating to the Property provided to Broker by Owner is true and correct. Owner shall: (1) cooperate fully in good faith with Broker to facilitate the showing and marketing of the Property; (2) not negotiate with any prospective buyer who may contact Owner directly, but refer all prospective buyers to Broker; (3) not enter into a listing agreement with another broker for the sale of the Property to become effective during the term of this Listing; (4) not enter into a listing agreement with another broker for the sale of the Property without Broker's permission; and (5) provide Broker with copies of all sales or rental agreements, a rent roll, current operating statement, architectural plans, and site plan, if any, pertaining to the Property and advise Broker of any tenants moving in or out of the Property. 13. OWNER'S DISCLOSURE OF PROPERTY CONDITION (choose (a) or (b)): ❑ (a) PROPERTY CONDITION STATEMENT is attached. Owner authorizes Broker to furnish prospective buyers and other brokers with a copy of the attached Property Condition Statement. Owner represents that the attached Property Condition Statement was completed to the best of Owner's knowledge and belief and that Owner has disclosed all known material defects and material Commission Aereement-Sale Transaction - PaQe 5 6/30/2025 Docusign Envelope ID: 3203F305-A72B-4AE3-AB86-B5EEA66D0639 facts affecting the Property in the attached Property Condition Statement. Owner agrees to amend the Property Condition Statement if any material change occurs during the term of this Listing. ® (b) DEFECTS TO PROPERTY: (1) Owner is not aware of any material defect to the Property except: (2) Owner is not aware of any environmental hazards or conditions affecting the Property which would violate any federal, state or local statutes, regulations, ordinances or other requirements and more specifically, but without limitation, that: (i) the Property is not now and never has been used for the storage or disposal of hazardous substances or materials or toxic waste, a dump site or landfill, or the housing of any underground tanks or drums; (ii) no radon, asbestos insulation or fireproofing, urea formaldehyde foam insulation, lead -based paint or other pollutants or contaminants of any nature now exist or have ever existed on the Property; (iii) no wetlands, as defined by federal or state law or regulation are on the Property; and (iv) no threatened or endangered species or their habitat, as defined by the Texas Parks and Wildlife Department or the U.S. Fish and Wildlife Service, are on the Property except as follows: (3) Owner is not aware that any part of the Property lies in a flood hazard or flood prone area except: (4) Owner is not aware of any item, system, or component on or in the Property that does not comply with the Americans with Disabilities Act (42 U.S.C. '12181) or the Texas Architectural Barrier Statute (Art. 9102, VTCS), except: 14. This Agreement is fully performable in Tarrant County, Texas, the courts of competent jurisdiction of which shall have sole, exclusive jurisdiction and venue of any cause of action arising out of, under, or with relation to this Agreement. 15. The undersigned representative of Owner expressly represents that he or she has the authorization of the Owner to sign on its behalf and if the Owner is a corporation, that he or she has a certified Corporate Resolution of the Board of Directors authorizing the signing of this Agreement. Owner represents that there are no agreements or conditions which prohibit this Agreement or Owner's right to sell the Property. 16. Owner agrees that the Property shall be offered for sale without regard to the race, color, religion, sex, nationality origin, familial status or handicapped status of the prospective purchaser in accordance with the laws of the United States and the State of Texas. 17. Owner represents and warrants to Broker that Owner has not received notice of and is not aware of any pending or threatened condemnation or eminent domain proceeding affecting the Property. 18. If any provision of this Agreement in unenforceable, as determined by a court of competent jurisdiction, the remainder of this Agreement shall be enforced as written and such unenforceable provision shall be stricken from this Agreement with no effect on the remaining provisions. Commission Aereement-Sale Transaction - PaQe 6 6/30/2025 Docusign Envelope ID: 3203F305-A72B-4AE3-AB86-B5EEA66D0639 19. The parties hereto agree that the usual rule which provides that a document shall be construed against the party drafting such document shall not be enforced with respect to this Agreement. The parties hereto further represent and agree that this document was fully negotiated and that each party had the opportunity to review the document and discuss the same with its attorney or other counsel. 20. Broker agrees that Owner shall, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Broker involving transactions relating to this Agreement at no additional cost to Owner. Broker agrees that Owner shall have access during normal working hours to all necessary Broker facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. Owner shall give Broker reasonable advance notice of intended audits. 21. It is understood and agreed that by execution of this Agreement, Owner does not waive or surrender any of its governmental powers or immunities. 22. If Broker has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Broker acknowledges that in accordance with Chapter 2271 of the Texas Government Code, Owner is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code. By signing this Agreement, Broker certifies that Broker's signature provides written verification to Owner that Broker: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. 23. Broker acknowledges that in accordance with Chapter 2276 of the Texas Government Code, Owner is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the Owner with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Broker certifies that Broker's signature provides written verification to the Owner that Broker: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 24. Broker acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the Owner is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the Owner with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Broker certifies that Broker's signature provides written verification to the Owner that Broker: (1) does not have a practice, policy, guidance, or directive that Commission Aereement-Sale Transaction - PaQe 7 6/30/2025 Docusign Envelope ID: 3203F305-A72B-4AE3-AB86-B5EEA66D0639 discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 25. Broker shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of Owner. Broker shall have exclusive control of, and the exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees and subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between the Owner and Broker, its officers, agents, employees and subcontractors, and doctrine of respondent superior has no application as between the Owner and Broker. 26. Broker, its officers, agents, servants, employees, and subcontractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of the City of Fort Worth. It is agreed and understood that, if Owner calls to the attention of Broker any such violation on the part of Broker or any of its officers, agents, servants, employees, or subcontractors, then Broker shall immediately desist from and correct such violation. 27. Broker hereby warrants to Owner that Broker has made full disclosure in writing of any existing or potential conflicts of interest related to Broker's provision of the services under this Agreement. In the event that any conflicts of interest arise after the execution of this Agreement, Broker hereby agrees to make full disclosure to the Owner in writing immediately upon learning of such conflict. 28. City Council Anvroval Reauired. Notwithstanding anything herein to the contrary, Broker hereby acknowledges and agrees that the Owner's execution of this Agreement, its representations and warranties under this Agreement, Owner's willingness and agreement to sell the Property and to pay any Commission to Broker are expressly subject to and contingent upon the approval of the Fort Worth City Council in an open and public meeting ("City Council Approval"). 29. This Agreement is the entire Agreement of the parties. There are no oral or other Agreements not set forth fully herein. This Agreement may be amended only in writing signed by all parties. [signature page follows] Commission Aereement-Sale Transaction - PaQe 8 6/30/2025 Docusign Envelope ID: 3203F305-A72B-4AE3-AB86-B5EEA66D0639 AGREED as of the Effective Date. Broker: LanCarte Commercial Real Estate, LLC dba LanCarte Commercial �Dsigned by: ocu Signature: l " CU �oow ir�crvrlarwou... Printed Name: Sarah LanCarte Title: President 2627 Tillar Street, Suite 121 Fort Worth, TX 76107 Phone: (817) 228-4247 Email: sarah@lancartecre.com Broker License # 9008215 Owner: City of Fort Worth Signature: Valerie Washington (Jul 3. 202514:11 CDT) Printed Name: Valerie Washington Title: Assistant City Manager Phone: Email: [Internal Owner Signatures Follow] APPROVED AS TO FORM AND LEGALITY: Thomas R. Hansen Assistant City Attorney M&C: N/A 1295: N/A p4� FORr�aa I.= DIRECTOR APPROVAL: ATTEST: a d ppp Jannette S. Goodall Marilyn Marvin City Secretary Director, Property Management Department CONTRACT COMPLIANCE MANAGER By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract including ensuring all performances and reporting requirements. '..rG.v Lisa Alexander OFFICIAL RECORD Land Agent, Property Management Department CITY SECRETARY FT. WORTH, TX Commission Agreement -Sale Transaction - Page 9 6/30/2025 Docusign Envelope ID: 3203F305-A72B-4AE3-AB86-B5EEA66D0639 Exhibit "A" A tract of land out of Block 2, SAUNDERS ADDITION, a/k/a SANDERS ADDITION, an unrecorded addition to the City of Fort Worth, Texas, said tract to be a portion of the following three properties: Tract 1 Being a 13,313 sq. ft. portion of Lot 6, Block 2, SAUNDERS ADDITION, AKA SANDERS ADDITION, to the City of Fort Worth, Tarrant County, Texas, and being all of property as conveyed to Jack E. Turnbow in Volume 4039, Page 406; Volume 4040, Page 296 and Volume 4221, Page 221, Deed Records, Tarrant County, Texas, and being described by metes and bounds as follows: BEGINNING at a "+" found cut in concrete, in the west right-of-way line of Taylor Street and the south right-of-way line of W. 13th Street, for the northeast corner of said Turnbow tract; THENCE South, along the east line of said Turnbow tract and the west right-of-way line of said Taylor Street, a distance of 133.13 feet, to a 1/2" iron pin set for the southeast corner of said Turnbow tract; THENCE West, along the south line of said Turnbow tract, a distance of 100.00 feet, to a 5/8" iron pin found, in the east line of an 18 ft. alley, for the southwest corner of said Turnbow tract; THENCE North, along the east line of said alley and west line of said Turnbow tract, a distance of 133.13 feet to a "+" found cut in concrete, in the south right-of-way line of said W. 13th Street, for the northwest corner of said Turnbow tract; THENCE East, along the north line of said Turnbow tract and the said South right-of-way line, a distance of 100.00 feet, to the POINT OF BEGINNING and containing 13,313 sq. ft. of land, more or less. Tract 2• A tract of land our of Block 2, SAUNDERS ADDITION, a/k/a SANDERS ADDITION, an unrecorded addition to the City of Fort Worth, Texas, and being composed of the three tracts identified as Tract IV, Tract V and Tract VI in the deed dated May 31, 1954, from NORVELL-WILDER SUPPLY COMPANY to the CITY OF FORT WORTH, recorded in Volume 2728, Page 156, Deed Records of Tarrant County, Texas. And also known as 401 W. 13th Street, Fort Worth, Tarrant County, Texas 76102 Tract 3• Being a 0.468 acre tract of land situated in the Sarah Gray Survey, Abstract No. 844, City of Fort Worth, Tarrant County, Texas, said 0.468 acre tract of land being a portion of Lots 5 and 7, and all of Lot 25, Block 2 of Saunder's Addition (an unrecorded subdivision), and being a portion of a tract of land described as Tract I deeded to the City of Fort Worth as recorded in Volume 2728, Page 156 of the Deed Records of Commission Aereement-Sale Transaction - PaQe 10 6/30/2025 Docusign Envelope ID: 3203F305-A72B-4AE3-AB86-B5EEA66D0639 Tarrant County, Texas, and being a portion of a tract of land described as Tract III deeded to Jay H. Frankel and Gary Frankel as recorded in Instrument No. D203473672 of the Official Public Records of Tarrant County, Texas, and being all of a tract of land described as Tract II deeded to the City of Fort Worth as recorded in Volume 2728, Page 156 of the Deed Records of Tarrant County, Texas, and also being all of a 0.098 acre tract of land (by deed) described as Tract 09-18 (Part 1) deeded to the City of Fort Worth as recorded in Instrument No. D211138647 of the Official Public Records of Tarrant County, Texas, said 0.468 acre tract of land being more particularly described by metes and bounds as follows: Commencing at a 5/8 inch iron rod with cap stamped "GORRONDONA" found for the proposed most northerly southeast corner of Lot 1R, Block 4 of Nance's Addition as referenced in Case No. FS-015-089, said 5/8 inch iron rod with cap stamped "GORRONDONA" being in the east line of a tract of land deeded to the City of Fort Worth as recorded in Volume 2583, Page 370 of said Deed Records of Tarrant County, Texas, in the east line of Lot 7, Block 4 of Nance's Addition (an unrecorded subdivision), in the east line of said Block 4 of Nance's Addition (an unrecorded subdivision), and in the west right-of-way line of Lamar Street (a variable width right-of-way), THENCE North 00 degrees 17 minutes 01 seconds West, with the proposed east line of said Lot 1R, with the east line of said Block 4 of Nance's Addition (an unrecorded subdivision), and with said west right-of-way line of Lamar Street, a distance of 139.56 feet to a PK Nail found for the most northerly northeast corner of said Lot I and the most northerly southeast corner of a 0.472 acre tract of land (by deed) described as Tract II deeded to WCJ Lancaster 97, LTD. As recorded in Instrument No. D 197069911 of the Official Public Records of Tarrant County, Texas, THENCE South 66 degrees 47 minutes 23 seconds East, a distance of 66.19 feet to the POINT OF BEGINNING, SAID POINT BEING THE NORTHWEST CORNER OF SAID 0.098 ACRE TRACT OF LAND, SAID POINT BEING IN THE WEST LINE OF SAID Tract III, in the west line of said Lot 5, in the west line of said Block 2, and in the east right-of-way line of said Lamar Street, said point also having a surface coordinate of N=6,957,656.63 and E=2,327,597.06; THENCE South 77 degrees 03 minutes 54 seconds East, with the north line of said 0.098 acre tract of land, a distance of 102.75 feet to a point for the northeast corner of said 0.098 acre tract of land, said point being in the east line of said Tract III, in the east line of said Lot 7, and in the west line of a 18 foot Alley; THENCE South 00 degrees 20 minutes 54 seconds East, with the east line of said 0.098 acre tract of land, with the east line of said Tract III, with the east line of said Lots 7 and 25, and with the west line of said 18 foot Alley, a distance of 191.84 feet to a point for the southeast corner of said Lot 25, said point being the intersection of said 18 foot Alley with the north right-of-way line of West Lancaster Avenue (a variable width right-of-way); THENCE South 89 degrees 36 minutes 52 seconds West, with the south line of said Lot 25, with the south line of said Block 2, and with said north right-of-way line of West Lancaster Avenue, a distance of 100.00 feet to a point for the southwest corner of said Lot 25 and the southwest corner of said Block 2, said point being the intersection of said north right-of-way line of West Lancaster Avenue with said east right-of-way line of Lamar Street; THENCE North 00 degrees 20 minutes 54 seconds West, with the west line of said 0.098 acre tract of land, with the west line of said Tract III, with the west line of Lots 5,7, and 25, with the west Commission Aereement-Sale Transaction - PaQe 11 6/30/2025 Docusign Envelope ID: 3203F305-A72B-4AE3-AB86-B5EEA66D0639 line of said Block 2, and with said east right-of-way line of Lamar Street passing at a distance of 163.49 feet, a 5/8 inch iron rod with cap stamped "TNP" found for southwest corner of said 0.098 acre tract of land and the southwest corner of said Tract III, in all a distance of 215.51 feet to the POINT OF BEGINNING, and containing 20,368 square feet or 0.468 acres of land, more or less. Commission Aereement-Sale Transaction - PaQe 12 6/30/2025 Docusign Envelope ID: 3203F305-A72B-4AE3-AB86-B5EEA66D0639 11-3-2D15 //*\� Information About Brokerage Services TRECTexas law requires all real estate license holders to give the following information about -- ....... brokerage services to prospective buyers, tenants, sellers and londfords. TYPES OF REAL ESTATE LICENSE HOLDERS: ■ A BROKER is responsible for all hrokeragn activities, including acts performed by sales agents sponsored by the broker, • A SALES AGENT must he sponsored by a broker and works with clients on behalf of the broker. A BROKER'S MINIMUM DUTIES REQUIRED BY LAW (A client is the person or party that the broker represents)-. • Put the interests of the client above all others, including the brokers own interests; • Inform the client of any material information about the property or transaction received by the broker; ■ Answer the client's questions and present any offer to or counter-uffer from the client; and • Treat all parties to areal estate transaction honestly and fairly. A LICENSE BOLDER CAN REPRESENIT A PARTY IN A REAL ESTATE TRANSACTION - AS AGENT FOR OWNER (SELLER/LANDLORD): The broker becomes the property owner's agent through an agreement with the nwner, usually in a written fisting to sell or property management agreement. An owners agent must perform the broker's minimum duties above and must inform the owner of any material information about the property or transaction known by the agent, including information disclosed to the agent or subagent by the buyer a buyer's agent. AS AGENT FOR BUYER/TENANT- The broker becomes the, buyer/tenant's agr.nt by agreeing to represent the buyer, usually through a written representation agreement. A buyers agent must perform the broker's minimum duties above and must Inform the buyer of any material information about the property or transaction known by the agent, including information disclosed to the agent by the seller or sellers agent. AS AGENT FOR BOTH - INTERMEDIARY- To act as an Intermediary between the parties the broker must first obtain the written agreement of each party to the transaction. The written agreement must state who will pay the broker and, in conspicuous bold or underlined print, set forth the bra kers abligations as an intermediary. A broker who acts as an intermediary; • Mist Ieat all parties to the transaction impartially and fairly; • May, with the parties' written consent, appoint a different license holder associated with the broker to each party (owner and buyer) to communicate with, provide apinions and advice to, and carry out the instructions of each party to the transaction. • Must not, unless specifically authorized in writing to do so by the party, disclose: o that the owner will accept a price less than the written asking price; o that the buyer/tenant will pay a price greater than the price submitted in a written offer; and o any confidential information or any other information that a party specifically instructs the broker in writing not to disdase, unless required to do so by law. AS SUBAGENT: A license holder acts as a subagent when aiding a buyer in a transaction without an agreement to represent the buyer. A subagent can assist thn buyer but does not repre sP.nT the buyer and must place th❑ interests of the owner first. TO AVOID DISPUTES, ALL AGREEMENTS BETWEEN YOU AND A BROKER SHOULD BE IN WRITING AND CLEARLY ESTABLISH: • The broker's duties and responsibilities to you, and your obligations under the representation agreement. • Who will pay the hroker for services provided to you, when payment will be made and how the payment will be calculated. LICENSE HOLDER CONTACT INFORMATION: This notice is being prodded for information purposes. It does not create an obligation for you to use the broker's services. Please acknowledge receipt of this notice below and retain a copy for your records. LanCarte Commercial Real Estate, LLC 9008215 (817) /$roker Firm Name or License No. Email Phone Primary Assumed Business flame Sarah LanCarte 601090 saran of Firm License No. Email Phone Licensed Supervisor of Sales Agent/ License No. Email Phone Associate Sarah LanCarte 601090 sarah Associate's Name License No. Email Phone Bu yerfFenant/S el I e r/Land lord Initials Regulated by the Texas Real Estate Commission Date Information available at www.trec.texas.gov TABS 1-0 Commission Aereement-Sale Transaction - PaQe 13 6/30/2025