Loading...
HomeMy WebLinkAbout066023 - Construction-Related - Contract - Beaten Path Development-Boat Club 9391, LLCDocusign Envelope ID: A1FD71AE-4BD0-8D99-81 A2-50BE742ABD33 CSC No. 66023 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, acting by and through its duly authorized City Manager or Assistant City Manager ("Purchaser") and Beaten Path Development -Boat Club 9391, LLC ("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 approximately 5.318 acres of land known as (1) Alexander Crane Harris & Brook Abstract 55 Tract 3; (2) Gann, JM Survey Abstract 575 Tract 9E Tarrant County, Texas (also known as 9391 Boat Club Road, Fort Worth, Texas) (the "Land"), 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" as reflected in more detail on the attached Exhibit "A" and "B" herein. (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 Money and Purchase Price. (a) Within seven (7) calendar days after the Effective Date, Purchaser must deliver to the Title Company's escrow agent an Earnest Money deposit of Eleven Thousand Six Hundred and 00/100 dollars ($11,600.00) 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 shall be held by the Title Company and 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. The parties hereby agree that a portion of the Earnest OFFICIAL 9391 Boat Club Road, Fort Worth, TX 76179 RECORD Page 1 of 22 CITY SECRETARY FT. WORTH, TX Docusign Envelope ID: A1FD71AE-4BD0-8D99-81 A2-50BE742ABD33 Money in the amount of Fifty and No/100 Dollars ($50.00) shall be independent consideration (the "Independent Consideration") for Seller's execution and delivery of this Contract and the right of Purchaser to terminate this Contract during the Option Period. The Independent Consideration is non- refundable and shall be retained by Seller, notwithstanding any other provision of this Contract. (b) The purchase price ("Purchase Price") for the Property, payable by Purchaser to Seller at Closing (as hereinafter defined), is One Million, One Hundred Sixty Thousand and 00/100 DOLLARS ($1,160,000.00). Section 3. Title Commitment and Survey. (a) Within 10 business days after the Effective Date, Purchaser shall obtain at Seller's sole cost and expense, a Commitment for Title Insurance ("Title Commitment") from Alamo Title, 714 W. Magnolia Avenue, Fort Worth, TX 76104, Attention: Robin Rogers, robin.rogers@alamotitle.com (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 Seller'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 30 calendar days after the Effective Date 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 business 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; 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. 9391 Boat Club Road, Fort Worth, TX 76179 Page 2 of 22 Docusign Envelope ID: A1FD71AE-4BD0-8D99-81 A2-50BE742ABD33 (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 (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 5 business 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 and the operation and maintenance thereof, 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; and (iii) all proposed or existing private covenants, conditions and restrictions, of which the Property will be a part and any other private agreements affecting the use or development of the Property. Section 5. Tests. Purchaser, at Purchaser's sole cost and risk, shall have the right to go on to the Property, including the Improvements, 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, the Property will be restored by Purchaser, at Purchaser's sole expense, to at least a similar condition as before the Tests were conducted. 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 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, and neither party shall have any further rights or obligations under this Contract. (c) The provisions of this Section 6 control all other provisions of this Contract. (d) The parties agree that the Option Period will not be extended upon expiration without a written amendment signed by both parties. Section 7. Closing 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 31 days after the expiration of the Option Period. 9391 Boat Club Road, Fort Worth, TX 76179 Page 3 of 22 Docusign Envelope ID: A1FD71AE-4BD0-8D99-81 A2-50BE742ABD33 Section 8. Closing. (a) At the Closing, all of the following shall occur, all of which are deemed concurrent conditions: (1) Seller, at Seller's sole cost and expense, shall deliver or cause to be delivered to Purchaser the following: (i) A Special Warranty Deed ("Deed"), fully executed and acknowledged by Seller ( a draft of which is attached as Exhibit "C" herein), 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, with the precise form of the Deed to be determined pursuant of Section 10 below; (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 or the escrow agent may reasonably request; and (iv) Any other instrument or document reasonably required by the Title Company in connection with the Closing. (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, and any other instrument or document reasonably required by the Title Company in connection with the Closing. (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 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 shall pay all recording fees and all other closing costs.. (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 9391 Boat Club Road, Fort Worth, TX 76179 Page 4 of 22 Docusign Envelope ID: A1FD71AE-4BD0-8D99-81 A2-50BE742ABD33 on estimates of the amount of taxes that will be due and payable on the Property during the current year, Seller 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. (c) Upon completion of the Closing, Seller shall deliver possession of the Property to Purchaser, free and clear of all tenancies and title encumbrances of every kind except those disclosed in the Permitted Encumbrances. Section 9. Seller's Representations. 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. To Seller's actual knowledge, 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 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. To Seller's actual knowledge, the Property is not 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 or, to Seller's actual knowledge, threatened 9391 Boat Club Road, Fort Worth, TX 76179 Page 5 of 22 Docusign Envelope ID: A1FD71AE-4BD0-8D99-81 A2-50BE742ABD33 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, (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. As used herein, the "actual knowledge of Seller" shall mean only the actual knowledge of, or notice actually received personally by, Dustin Austin; (ii) shall not mean or include any imputed or constructive knowledge of Dustin Austin, or any notice constructively received by Dustin Austin; (iii) shall not include any actual, imputed or constructive knowledge of any officer, agent, employee or affiliate of Dustin Austin or Seller, or any other person or entity, or any notice actually or constructively received by any officer, agent, employee or affiliate of Dustin Austin or Seller, or any other person or entity; and (iv) shall not be deemed to imply that Dustin Austin or any other person or entity has undertaken, or has any duty or obligation to undertake, any investigation or inquiry with respect to the subject matter thereof. Seller acknowledges that Purchaser has relied and will rely on the representations and warranties of Seller in executing this Agreement and in closing the purchase and sale of the Property pursuant to this Agreement, and Seller, during the term of this Agreement, agrees to notify Purchaser promptly in the event that Seller obtains knowledge of any change affecting any of such representations and warranties, in which event Purchaser shall be entitled to exercise the remedies set forth in Section 14 hereof. Until and unless Seller's warranties and representations shall have been qualified and modified as appropriate by any such additional information provided by Seller to Purchaser, Purchaser shall continue to be entitled to rely on Seller's representations and warranties set forth in this Agreement, notwithstanding any contrary information resulting from any inspection or investigation made by or on behalf of Purchaser. All of Seller's representations and warranties, as so qualified and modified, shall survive Closing. PURCHASER ACKNOWLEDGES THAT IT HAS HAD (OR DURING THE OPTION PERIOD WILL HAVE) TIME TO INSPECT, EXAMINE AND INVESTIGATE THE PROPERTY AND TO REVIEW THE DUE DILIGENCE DATA RELATING THERETO. PURCHASER REPRESENTS, WARRANTS AND AGREES THAT, EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES OF SELLER CONTAINED IN THE CONTRACT AND IN THE DEED DELIVERED AT CLOSING, PURCHASER IS RELYING SOLELY ON ITS OWN INSPECTIONS, EXAMINATIONS AND INVESTIGATIONS IN MAKING THE DECISION TO PURCHASE THE PROPERTY. PURCHASER IS PURCHASING THE PROPERTY IN ITS "AS IS", "WHERE IS" CONDITION "WITH ALL FAULTS" AND WITHOUT ANY WARRANTIES, 9391 Boat Club Road, Fort Worth, TX 76179 Page 6 of 22 Docusign Envelope ID: A1FD71AE-4BD0-8D99-81 A2-50BE742ABD33 REPRESENTATIONS OR GUARANTIES OF ANY KIND, ORAL OR WRITTEN, EXPRESS OR IMPLIED, CONCERNING THE PROPERTY FROM OR ON BEHALF OF SELLER EXCEPT AS MAY BE EXPRESSLY SET FORTH IN THE CONTRACT OR IN THE DEED. PURCHASER ACKNOWLEDGES THAT, EXCEPT AS MAY BE EXPRESSLY SET FORTH IN THE CONTRACT OR IN THE DEED, SELLER HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS, AND PURCHASER IS NOT RELYING ON, ANY REPRESENTATIONS, WARRANTIES OR GUARANTIES OF ANY KIND, ORAL OR WRITTEN, EXPRESS OR IMPLIED, CONCERNING THE PROPERTY, INCLUDING, WITHOUT LIMITATION, (I) THE QUALITY, NATURE, ADEQUACY OR PHYSICAL CONDITION OF THE PROPERTY OR THE SOILS OR THE GROUND WATER AT OR UNDER THE PROPERTY, (III) THE EXISTENCE, QUALITY, NATURE, ADEQUACY OR PHYSICAL CONDITION OF ANY UTILITY SERVING THE PROPERTY, (III) THE PROPERTY TAXES NOW OR HEREAFTER PAYABLE ON THE PROPERTY OR THE VALUATION OF THE PROPERTY FOR PROPERTY TAX PURPOSES, (IV) THE DEVELOPMENT POTENTIAL OF THE PROPERTY OR THE HABITABILITY, MERCHANTABILITY OR FITNESS, SUITABILITY OR ADEQUACY OF THE PROPERTY OR ANY PORTION THEREOF FOR ANY PARTICULAR USE OR PURPOSE, (V) THE ZONING OR OTHER LEGAL STATUS OF THE PROPERTY, (VI) THE COMPLIANCE BY THE PROPERTY WITH ANY APPLICABLE CODES, LAWS, REGULATIONS, STATUTES, ORDINANCES, COVENANTS, CONDITIONS OR RESTRICTIONS OF ANY GOVERNMENTAL OR QUASI -GOVERNMENTAL ENTITY OR OF ANY OTHER PERSON OR ENTITY, (VII) THE QUALITY OF ANY LABOR OR MATERIALS RELATING IN ANY MANNER TO THE PROPERTY,, (VIII) THE EXISTANCE OF ANY HAZARDOUS MATERIALS OR SUBSTANCES ON OR UNDER THE PROPERTY, OR (IX) THE VALUE, NATURE, QUALITY OR CONDITION OF THE PROPERTY OR THE INCOME TO BE DERIVED FROM THE PROPERTY. SELLER EXPRESSLY MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIALS PREPARED BY THIRD PARTIES AND FURNISHED TO OR OBTAINED BY PURCHASER AND PURCHASER HEREBY AGREES THAT SUCH INFORMATION AND MATERIALS ARE PROVIDED BY SELLER ON AN "AS IS" BASIS AND SELLER SHALL HAVE NO OBLIGATION TO VERIFY SUCH DATA. PURCHASER ACKNOWLEDGES THAT THIS SECTION WAS A NEGOTIATED PART OF THIS CONTRACT, WAS TAKEN INTO CONSIDERATION IN THE DETERMINATION OF THE PURCHASE PRICE AND SERVES AS AN ESSENTIAL COMPONENT OF CONSIDERATION FOR THE SAME. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING AND SHALL NOT BE MERGED INTO THE DEED. Section 10. Seller's Covenants. (a) Updating of information. Seller acknowledges that Purchaser will rely upon the Title Commitment, Survey, Due Diligence documents 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 9391 Boat Club Road, Fort Worth, TX 76179 Page 7 of 22 Docusign Envelope ID: A1FD71AE-4BD0-8D99-81 A2-50BE742ABD33 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; (iv) excavate or permit the excavation of the Property or any portion thereof; or (v) enter into any written leases or verbal rental agreements for any duration affecting any portions of the Property. (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 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 except for attorneys' fees that Seller may consider necessary in connection with reviewing such applications and instruments, which shall be borne solely by Seller. Section 11. Agents. Both parties represent that an agent was not used for the purchase or sale of the Property and neither will be responsible for payment of commission. Section 12. Closing Documents. No later than 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 FedEx Overnight Delivery or other reputable overnight carrier for next day delivery, addressed to the party at the address specified below. (b) The address of Buyer under this Contract is: City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 Attention: Valerie Washington Telephone: 817-392-6192 (c) The address of Seller under this Contract is: 9391 Boat Club Road, Fort Worth, TX 76179 Page 8 of 22 With a copy to: Leslie Hunt City Attorney's Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 Telephone: (817) 392-6259 Docusign Envelope ID: A1FD71AE-4BD0-8D99-81 A2-50BE742ABD33 Beaten Path Development -Boat Club 9391, LLC With an email copy to: 700 W Harwood Drive Suite G-2 Staci Pimar Hurst, TX 76054 spirnar@ochtx.com Attention: Jeffrey David Telephone: 817-281-3388 Email: jdavid@ochtx.com (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 and receive the Earnest Money if after the Option Period, by giving written notice thereof to Purchaser and the Title Company, 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 and receive the Earnest Money 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; (c) Purchaser and Seller mutually release, waive and disclaim the right to assert or recover from one another any special, indirect, consequential, punitive or exemplary damages; provided, however, this waiver and limitation shall not apply to any indemnity obligation set forth in this Contract. Section 15. Survival of Obligations. 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 (i) will expire two years after the Closing as to matters for which Purchaser has not provided written notice to Seller within such period of time; and (ii) will expire as to all matters specified in any such written notice 9391 Boat Club Road, Fort Worth, TX 76179 Page 9 of 22 Docusign Envelope ID: A1FD71AE-4BD0-8D99-81 A2-50BE742ABD33 to the extent that such matters are not resolved or made the subject of litigation instituted prior to the expiration of three years after the Closing. 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. 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. 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. Section 23. Business Days/Effective Date. 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 for such performance, as the case may be, shall be the next following regular business day. The Effective Date of this Contract is the date on which this Contract is executed by the last to sign of Seller and Purchaser. 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. Terminology. 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. 9391 Boat Club Road, Fort Worth, TX 76179 Page 10 of 22 Docusign Envelope ID: A1FD71AE-4BD0-8D99-81 A2-50BE742ABD33 Section 27. Attorney'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. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] 9391 Boat Club Road, Fort Worth, TX 76179 Page 11 of 22 Docusign Envelope ID: Al FD71AE-4BD0-8D99-81A2-50BE742ABD33 This Contract is EXECUTED as of the Effective Date. SELLER: Beaten Path Development -Boat Club 9391, LLC, a Texas limited liability company By: Beaten Path Development, LLC, a Texas limited liability company, Its Sole Manager By: OCH Enterprises, LLC, a Texas limited liability company, Its Sole Member By: tXtis{ttti, altiS{tln, Dustin Austin, President 7/14/2026 Date: PURCHASER: CITY OF FORT WORTH, TEXAS ✓ALL h By: Valerie Washington (Oct 6, 2026 11:53:43 CDT) Valerie Washington, Assistant City Manager Date: 10/06/2026 uggn p 0`� FORT�IIlad Od Attest: d�=O9.;d Unuoaaoa City Secretary M&C: Date: APPROVED AS TO LEGALITY AND FORM LIu Hunt (Oct 6, 2026 11:40:31 CDT) Leslie Hunt Senior Assistant City Attorney 9391 Boat Club Road, Fort Worth, TX 76179 Page 12 of 22 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Docusign Envelope ID: A1FD71AE-4BD0-8D99-81 A2-50BE742ABD33 By its execution below, Title Company agrees to perform its other duties pursuant to the provisions of this Contract. TITLE COMPANY: By: Name: Title: Date: Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Michael Slafua Michael Blasko / Name of Employee / Signature Land Agent Title ❑ This form is N/A as No City Funds are associated with this Contract Printed Name Signature 9391 Boat Club Road, Fort Worth, TX 76179 Page 13 of 22 Docusign Envelope ID: A1FD71AE-4BD0-8D99-81 A2-50BE742ABD33 EXHIBIT "A" Legal Description BEING A TRACT OF LAND SITUATED IN THE ALEXANDER CRANE HARRIS & BROOK SURVEY, ABSTRACT NO. 55 AND THE JM GANN SURVEY, ABSTRACT NO. 575, C11Y OF FORT WORTH, TARRANT COUNTY, TEXAS, AND BEING ALL OF THAT CERTAIN TRACT OF LAND DESCRIBED BY DEED TO BEATEN PATH DEVELOPMENT - BOAT CLUB 9391, LLC, A TEXAS LIMITED LIABILITY COMPANY, RECORDED IN INSTRUMENT NUMBER D224105D43, DEED RECORDS, TARRANT COUNTY, TEXAS (D.R.T.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8 INCH IRON ROD FOUND FOR THE COMMON NORTHEAST CORNER OF SAID BEATEN PATH DEVELOPMENT - BOAT CLUB 9391 LLC TRACT AND THE NORTHWEST CORNER OF LOT 1. BLOCK 1, RCP EAGLE SUBDIVISION, AN ADDITION TO THE C11Y OF FORT WORTH. AS SHOWN ON THE PLAT THEREOF AND RECORDED IN INSTRUMENT NUMBER 0198282694, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS (O.P.R.T.C.T.), AND BEING IN THE SOUTH RIGHT-OF-WAY LINE OF BOAT CLUB ROAD, ALSO KNOWN AS F.M. 1220, (A VARIABLE WIDTH RIGHT-OF-WAY); THENCE ALONG THE COMMON EAST LINE OF SAID BEATEN PATH DEVELOPMENT - BOAT CLUB 9391 LLC TRACT AND THE WEST LINE OF SAID LOT 1, BLOCK 1, THE FOLLOWING COURSES AND DISTANCES; SOUTH 00'16'14" EAST, A DISTANCE OF 94.00 FEET TO A 1/2 INCH CAPPED IRON ROD STAMPED "TNP" FOUND BEING THE BEGINNING OF A TANGENT CURVE TO THE RIGHT, FROM WHICH A 5/8 INCH CAPPED IRON ROD STAMPED " DEE RPLS 6904" BEARS SOUTH 48'25" 42" WEST, A DISTANCE OF 0.31 FEET; WITH SAID TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 230.38 FEET, HAVING A RADIUS OF 300.00 FEET, A CENTRAL ANGLE OF 43"59'58" AND A CHORD BEARING AND DISTANCE OF SOUTH 21'43'41" WEST, 224.76 FEET TO A 5/8 INCH CAPPED IRON ROD STAMPED " DEE RPLS 6904"; SOUTH 43'26'44" WEST, PASSING AT A DISTANCE OF 216.61 FEET, A 1/2 IRON ROD FOUND, CONTINUING A TOTAL DISTANCE OF 398.13 FEET TO A POINT BEING THE COMMON SOUTH CORNER OF SAID BEATEN PATH DEVELOPMENT - BOAT CLUB 9391 LLC TRACT AND THE WEST CORNER OF SAID LOT 1. BLOCK 1. AND BEING IN THE EAST LINE OF A TRACT OF LAND KNOWN AS FEE SIMPLE TRACT 15 AS DESCRIBED BY DEED TO TARRANT COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NUMBER ONE, RECORDED IN VOLUME 1 108, PAGE 430, D.R.T.C.T.; SPECIAL WARRANTY DEED PAGE 1 Docusign Envelope ID: A1FD71AE-4BD0-8D99-81 A2-50BE742ABD33 THENCE NORTHWESTERLY, MEANDERING ALONG CONTOUR 649.00 AND WITH THE COMMON WEST LINE OF SAID BEATEN PATH DEVELOPMENT - BOAT CLUB 9391 LLC TRACT AND THE EAST LINE OF SAID FEE SIMPLE TRACT 15, THE FOLLOWING COURSES AND DISTANCES; NORTH 30'04'04" WEST, A DISTANCE OF 27.03 FEET TO A POINT; NORTH 38'08'02" WEST. A DISTANCE OF 51.97 FEET TO A POINT; NORTH 48'43'39" WEST, A DISTANCE OF 102.33 FEET TO A POINT; NORTH 39'38'20" WEST, A DISTANCE OF 84.30 FEET TO A POINT; NORTH 22'20'57" WEST, A DISTANCE OF 89.49 FEET TO A POINT BEING IN THE SOUTH LINE OF A TRACT OF LAND KNOWN AS FEE SIMPLE TRACT 1 AS DESCRIBED BY DEED TO TARRANT COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NUMBER ONE, RECORDED IN VOLUME 1108, PAGE 430, D.R.T.C.T.; THENCE NORTH 89'14'33" EAST, A DISTANCE OF 112.06 FEET WITH THE COMMON NORTHERLY LINE OF SAID BEATEN PATH DEVELOPMENT - BOAT CLUB 9391 TRACT AND THE SOUTH LINE OF SAID FEE SIMPLE TRACT 1, TO A POINT BEING THE COMMON WEST CORNER OF SAID BEATEN PATH DEVELOPMENT - BOAT CLUB 9391 TRACT AND THE SOUTHEAST CORNER OF SAID FEE SIMPLE TRACT 1; THENCE WITH THE COMMON WEST LINE OF SAID BEATEN PATH DEVELOPMENT - BOAT CLUB 9391 TRACT AND THE EAST LINE OF SAID FEE SIMPLE TRACT 1 THE FOLLOWING COURSES AND DISTANCES; NORTH 27'07'28" WEST, A DISTANCE OF 201.64 FEET TO A POINT; NORTH 79'25'40" EAST, A DISTANCE OF 13.74 FEET TO A POINT; NORTH 65'55'40" EAST. A DISTANCE OF 18.70 FEET TO A PONT; NORTH 34'25'40" EAST, A DISTANCE OF 22.00 FEET TO A POINT; NORTH 07'51'40" EAST, A DISTANCE OF 30.00 FEET TO A POINT; NORTH 47'37'20" WEST, A DISTANCE OF 54.10 FEET TO A POINT; NORTH 05'24'40" EAST, A DISTANCE OF 50.20 FEET TO A POINT; SOUTH 30'22'40" WEST, A DISTANCE OF 45.10 FEET TO A POINT; SPECIAL WARRANTY DEED PAGE 2 Docusign Envelope ID: A1FD71AE-4BD0-8D99-81 A2-50BE742ABD33 SOUTH 34'52'20" EAST. A DISTANCE OF 63.00 FEET TO A POINT; SOUTH 48'33'50" WEST. A DISTANCE OF 18.87 FEET TO A POINT; SOUTH 84'19'56" WEST, A DISTANCE OF 30.75 FEET TO A POINT; NORTH 27'07'28" WEST. A DISTANCE OF 97.18 FEET TO A POINT; NORTH 44.54'45" WEST, A DISTANCE OF 28.60 FEET TO A POINT BEING THE COMMON WEST CORNER OF SAID BEATEN PATH DEVELOPMENT - BOAT CLUB 9391 TRACT AND THE NORTH CORNER OF SAID FEE SIMPLE TRACT ONE, ALSO BEING IN THE EAST LINE OF LOT 1, TRANQUIL ACRES ADDITION, AS SHOW ON THE PLAT THEREOF AND RECORDED IN VOLUME 388-81, PAGE 42 PLAT RECORDS. TARRANT COUNTY, TEXAS. P.R.T.C.T.; THENCE NORTH 00'15'41" WEST, A DISTANCE OF 18.96 FEET TO A POINT BEING THE COMMON NORTHWEST CORNER OF SAID BEATEN PATH DEVELOPMENT - BOAT CLUB 9391 LLC TRACT AND THE NORTHEAST CORNER OF SAID LOT 1, ALSO BEING IN THE SOUTH RIGHT-OF-WAY OF LINE AFOREMENTIONED BOAT CLUB ROAD AND BEING THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT; THENCE WITH SAID NON -TANGENT CURVE TO THE LEFT AND WITH COMMON NORTH LINE OF SAID BEATEN PATH DEVELOPMENT - BOAT CLUB 9391 LLC TRACT ANO THE SOUTH RIGHT-OF-WAY LINE OF SAID BOAT CLUB ROAD. AN ARC DISTANCE OF 445.74, HAVING A RADIUS OF 2956.88 FEET. A CENTRAL ANGLE OF 08"38'14" , AND A CHORD BEARING AND DISTANCE OF SOUTH 85'45'33" EAST, 445.32 FEET TO A 1/2 INCH CAPPED IRON ROD STAMPED " MWM RPLS 5438" FOUND; THENCE NORTH 89'54°07 EAST WITH SAID COMMON NORTH AND SOUTH RIGHT-OF- WAY LINE, A DISTANCE OF 186.90 FEET TO THE POINT OF BEGINNING AND CONTAINING 231,688 SQUARE FEET OR 5.318 ACRES OF LAND MORE OR LESS. SPECIAL WARRANTY DEED PAGE 3 Docusign Envelope ID: A1FD71AE-4BD0-8D99-81 A2-50BE742ABD33 1W4!IIt7Y0.11 PROPERTY MAP fKze59:k4I______ RR�^ HI I t '�$ e �a oax8 pia$.4 1 NR @ay GGGGGGFFFFAA�� �� Yas "c a �≥'•Sg,� 4� .�� 6 k $ $ 8 € 9 9 $ 39 �S 9 5£ ak @� Y3�R� F Z �2 ! • � �T % pill MIX s R a z 5 �a ". 8 s e � �'�, � k E �$a � Mgr j5 3: � N Jim 9 9 �� jigi b, p Sl@�67; 9.Re€� gg iq �� 09 R e ik ya. .£,r aZ 6'^ �S]� fo434 �S NR7,, a 9298 �tl A!R3�ff -€,s��� •,€qq A 9 . a g aAas a sa 3 �q5� BI ■,, K 9 Ny RA'A R # S ry� { s p a gg c�A is l I 'gg pag fi a ® IJ a 1 gaplag B is s 8 " 1 j�l yy C/3 Tl7 c x€apPpB a� x e.E s a yay""s ii nMa x TE [ a �PF a.as 99 ppF'v9 0 n$ 3))�= pp A d O Qj b R8$ k d d WS Y RCS k& F 1 R gg 44 a s ; ? 4 R ! n gad e$ E v k& Y E Igo a�$ 3 3 5g $fk SPECIAL WARRANTY DEED PAGE 4 Docusign Envelope ID: A1FD71AE-4BD0-8D99-81 A2-50BE742ABD33 EXHIBIT C PROPOSED DRAFT SPECIAL 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. SPECIAL WARRANTY DEED Date: January _, 2026 Grantor: BEATEN PATH DEVELOPMENT -BOAT CLUB 9391, LLC Grantor's Mailing Address (including County): 700 W HARWOOD DRIVE SUITE G-2 HURST, TARRANT COUNTY, TEXAS 76054 Grantee: THE CITY OF FORT WORTH, TEXAS A MUNICIPAL CORPORATION Grantee's Mailing Address (including County): 100 FORT WORTH TRAIL FORT WORTH, TARRANT COUNTY, TEXAS 76102 Consideration: TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged and confessed Property (including any improvements): BEING A TRACT OF LAND SITUATED IN TARRANT COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES. Reservations from Conveyance: A. 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 SPECIAL WARRANTY DEED PAGE 5 Docusign Envelope ID: A1FD71AE-4BD0-8D99-81 A2-50BE742ABD33 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 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. B. NOTHING HEREIN CONTAINED SHALL EVER BE CONSTRUED TO PREVENT THE GRANTOR, OR THE GRANTOR'S 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 SO LONG AS THE WELL BORE FOR ANY OIL OR GAS WELL ENTERS THE SUBSURFACE OF THE PROPERTY AT A DEPTH OF AT LEAST 500 FEET BELOW THE SURFACE OF THE PROPETY. Exceptions to Conveyance and Warranty: This conveyance is expressly made by Grantor and accepted by Grantee subject to the permitted encumbrances on the attached Exhibit "B," attached hereto and incorporated herein for all purposes. 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 all and singular the rights and appurtenances thereto in any way belonging, including (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 rights, titles and interest, if any, in and to all water rights or any kind or character pertaining to the Property; and (vi) all licenses, interests, and rights appurtenant to the Property, to have and to hold it to Grantee and Grantee's successors, and assigns forever. Grantor binds Grantor and Grantor's successors and assigns to warrant and forever defend all and singular the Property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. [signature page follows] SPECIAL WARRANTY DEED PAGE 6 Docusign Envelope ID: A1FD71AE-4BD0-8D99-81 A2-50BE742ABD33 GRANTOR: Beaten Path Development -Boat Club 9391, LLC, a Texas limited liability company By: Beaten Path Development, LLC, a Texas limited liability company, Its Sole Manager By: OCH Enterprises, LLC, a Texas limited liability company, Its Sole Member By: Jeffrey David, Manager Date: (Acknowledgment) THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Jeffrey David, Manager of OCH Enterprises, LLC, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2026. Notary Public [SEAL] SPECIAL WARRANTY DEED PAGE 7 Docusign Envelope ID: A1FD71AE-4BD0-8D99-81 A2-50BE742ABD33 ACCEPTED AND AGREED TO: CITY OF FORT WORTH I0 Valerie Washington Assistant City Manager APPROVED AS TO FORM AND LEGALITY: I$ Leslie Hunt Senior Assistant City Attorney M&C: Date: (Acknowledgment) THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Valerie Washington, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2025. Notary Public [SEAL] AFTER RECORDING RETURN TO: CITY OF FORT WORTH, A MUNICIPAL CORPORATION c/o PROPERTY MANAGEMENT DEPARTMENT 100 FORT WORTH TRAIL FORT WORTH, TEXAS 76102 SPECIAL WARRANTY DEED PAGE 8 Docusign Envelope ID: A1FD71AE-4BD0-8D99-81 A2-50BE742ABD33 EXHIBIT A TO SPECIAL WARRANTY DEED LEGAL DESCRIPTION OF THE PROPERTY [TO BE ATTACHED] EXHIBIT B TO SPECIAL WARRANTY DEED PERMITTED ENCUMBRANCES [TO BE ATTACHED] CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1 - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number; 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2026-1474019 Beaten Path, Development -Boat Club 9391, LLC Hurst, TX United States Date Filed: 0610812026 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Fort Worth Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 9391 Boat Club Road Contract of Sale and Purchase re 9391 Boat Club Road 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Ray, Kent Southlake, TX United States X Austin, Dustin Hurst, TX United States X david, jeffrey Hurst, TX United States X Roberts, Sandra Hurst, TX United States X Beaten Path Development LLC Hurst, TX United States X 5 Check only if there is NO Interested Party. 6 UNSWORN DECLARATION My name is and my date of birth is My address is sr'5 3" v' 9� Ear ) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. f�(` Executed in 1 cam( County, State of , on the _day of , 20 (month) (year tur of a agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www,eth'ics.state.tx.us version V4.1.JJ.4 ( (0111 FORT WORTH,. MAYOR AND COUNCIL COMMUNICATION 7.3.1 9391 BOAT CLUB ROAD - PURCHASE DATE 09/15/26 M&C FILE NUMBER: M&C 26-0609 DEPARTMENT: PROPERTY MANAGEMENT SUBJECT (CD 7) Authorize Acquisition of a Fee Simple Interest in Approximately 5.318 Acres of Land Located at 9391 Boat Club Road, Fort Worth, Tarrant County, Texas 76179 from Beaten Path Development -Boat Club 9391 LLC in the Amount of $1,160,000.00, Pay Estimated Closing Costs in an Amount Up to $12,000.00, Adopt Appropriation Ordinance, Dedicate the Property as Parkland to be Known as Lakeside Park, and Amend the Fiscal Years 2026-2030 Capital Improvement Program RECOMMENDATION It is recommended that the City Council: 1. Authorize the acquisition of a fee simple interest in approximately 5.318 acres of land located at 9391 Boat Club Road, Fort Worth, Tarrant County, Texas 76179 from Beaten Path Development -Boat Club 9391 LLC in the amount of $1,160,000.00; 2. Authorize the payment of closing costs in an amount up to $12,000.00; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the PARD Dedication Fees Fund, in the amount of $1,172,000.00; (1) $340,879.00 from available interest earnings in the Unspecified -All Funds project (City Project No. UNSPEC), and (2) $831,121.00 from available neighborhood park land fees in the Neighborhood Park Unit 5-17 project (City Project No. UN8048), for the purpose of funding the Boat Club Road land acquisition project (City Project No. 106947); 4. Authorize the City Manager or designee to accept the conveyance, to execute the necessary contract of sale and purchase, and to execute and record the appropriate instruments; 5. Dedicate the property as parkland to be known as Lakeside Park; and 6. Amend the Fiscal Years 2026-2030 Capital Improvement Program. DISCUSSION The purpose of this Mayor and Council Communication (M&C) is to seek approval to acquire land located at 9391 Boat Club Road, Fort Worth, Tarrant County, Texas 76119 for the Park & 1 of 3 FORT WORTH,. Recreation Department (PARD) in accordance with the Neighborhood and Community Park Dedication Policy and the GREEN print Fort Worth: Parks, Recreation, Open Space, and Public Realm Master Plan, which calls for the provision of adequate park and recreational areas. Beaten Path Development -Boat Club 9391 LLC (Seller) has agreed to sell the property for a total purchase price of $1,160,000.00. An independent appraisal supports the purchase price. The mineral estate will not be acquired, and the deed will contain a surface use waiver for the exploration of the mineral estate. The real estate taxes will be prorated, and the Seller will be responsible for taxes up to the closing date. The City will pay closing costs in an amount up to $12,000.00. Funding for this project was not included in the FY2026-2030 Capital Improvement Program due to the unpredictability of parkland acquisitions. The action in this M&C will amend the FY2026-2030 Capital Improvement Program as approved in connection with Ordinance 27979-09-2025. Funding is available in the Unspecified -All Funds project and the Neighborhood Unit 5-17 project within the PARD Dedication Fees Fund for the Park & Recreation Department for the purpose of funding the Boat Club Road project. This property is located in COUNCIL DISTRICT 7. This contract requires a Form 1295. FISCAL INFORMATION/CERTIFICATION The Director of Finance certifies that funds are currently available in the Unspecified -All Funds and the Neighborhood Unit 5-17 projects within the PARD Dedication Fees Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the PARD Dedication Fees Fund for the 9391 Boat Club Road project to support the acquisition of land. Prior to an expenditure being incurred, the Park & Recreation Department has the responsibility of verifying the availability of funds. SUBMITTED FOR CITY MANAGER'S OFFICE BY: ORIGINATING BUSINESS UNIT HEAD: Valerie R. Washington, # 6192 Marilyn Marvin #7708 Dave Lewis #5717 2 of 3 FORT WORTH,. ADDITIONAL INFORMATION CONTACT: Stuart Young # 8379 Joel McElhany #5745 ATTACHMENTS 1. M&C Map - 9391 Boat Club Rd [7.3.1.4 - 1 page] 2. 9391 Boat Club ALTA Survey 06.23.26 [7.3.1.5 - 1 page] 3. 9391 Boat Club Rd PSA 7.14.26 Seller Signed [7.3.1.6 - 22 pages] 4. Ordinance Boat Club Road [7.3.1.7 - 2 pages] Motion: Approved. Appropriation Ordinance 26-28771 3 of 3 FORT WORTH® City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Beaten Bath Development -Boat Club 9391 LLC Subject of the Agreement: Contract of Sale and Purchase for 9391 Boat Club Road M&C Approved by the Council? * Yes 0 No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 0 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 0 No ❑ If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: If different from the approval date. Expiration Date: If applicable. Is a 1295 Form required? * Yes 0 No ❑ *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. 106947 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 No O Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department. Permanent Contracts Advanced Funding Agreements Architect Service Community Facilities Completion Agreement Construction Agreement Credit Agreement/ Impact Fees Crossing Agreement Design Procurement Development Agreement Drainage Improvements Economic Development Engineering Services Escrow Agreement Interlocal Agreements Lake Worth Sale Maintenance Agreement/Storm Water Parks/Improvement Parks/Other Amenities Parks/Play Equipment Project Development Property/Purchase (Property owned by the City) Property/Sales (Property owned by the City) Property/Transfers (Property owned by the City) Public Art Sanitary Sewer Main Replacements Sanitary Sewer Rehabilitations Settlements (Employees Only) Streets/Maintenance Streets/Redevelopment Streets/Repairs Streets/Traffic Signals Structural Demolition (City owned properties) Utility Relocation Water Reclamation Facility Water/Emergency Repair Water/Interceptor Water/Main Repairs Water/Main Replacement Water/Sanitary Sewer Rehabilitation Water/Sewer Service Water/Storage Tank 401RESAFE., Inquire before you wire! WIRE FRAUD ALERT This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud. • NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. • ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. • USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. • USE MULTI -FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. • CONFIRM RECEIPT of funds directly with settlement company using a known trusted number. For more information on wire -fraud scams or to report an incident, please refer to the following links: Federal Bureau of Investigation: http://www. fbi.go v Wire Fraud Alert Original Effective Date: 5/11/2017 Current Version Date: 8/04/2026 Internet Crime Complaint Center: http://www.ic3.gov TM and © Fidelity National Financial, Inc. and/or an affiliate. All rights resented Page 1 6000182600034RJR COMMITMENT FOR TITLE INSURANCE (T-7 Issued By: Commitment Number: Alamo Title Insurance 6000182600034 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. 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. This Commitment ends ninety (90) days from the effective date, unless the Policy is issued sooner, or failure to issue the Policy is our fault. Our liability and obligations to you are under the express terms of this Commitment and end when this Commitment expires. Alamo Title Insurance By: Issued By: Alamo Title Company Michael J. Nolan, President Attest: Authorized Signatory Marjorie Nemzura, Secretary CONDITIONS AND STIPULATIONS 1. If you 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 reduced 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. Our 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 subject to the following terms of the Policy: Insuring Provisions, Conditions and Stipulations, and Exclusions. Form T-7: Commitment for Title Insurance (01/03/14) TX----SPS-1-26-6000182600034 ALAMO TITLE INSURANCE COMMITMENT NO.: 6000182600034 SCHEDULE A Effective Date: September 28, 2026 at 8:00 AM Commitment No.: 6000182600034 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: $1,160,000.00 PROPOSED INSURED: City of Fort Worth b. TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE ONE -TO -FOUR FAMILY RESIDENCES (Form T -1R) Policy Amount: PROPOSED INSURED: c. LOAN POLICY OF TITLE INSURANCE (Form T-2) Policy Amount: PROPOSED INSURED: Proposed Borrower: GF No.: ATD-18-6000182600034RJR Issued: October 5, 2026 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: Beaten Path Development -Boat Club 9391, LLC, a Texas limited liability company 4. Legal description of land: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF END OF SCHEDULE A Form T-7: Commitment for Title Insurance (01/03/14) TX----SPS-1-26-6000182600034 COMMITMENT NO.: 6000182600034 EXHIBIT "A" Legal Description BEING A TRACT OF LAND SITUATED IN THE ALEXANDER CRANE HARRIS & BROOK SURVEY, ABSTRACT NO. 55 AND THE JM GANN SURVEY, ABSTRACT NO. 575, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, AND BEING ALL OF THAT CERTAIN TRACT OF LAND DESCRIBED BY DEED TO BEATEN PATH DEVELOPMENT - BOAT CLUB 9391, LLC, A TEXAS LIMITED LIABILITY COMPANY, RECORDED IN INSTRUMENT NUMBER D224105043, DEED RECORDS, TARRANT COUNTY, TEXAS (D.R.T.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8 INCH IRON ROD FOUND FOR THE COMMON NORTHEAST CORNER OF SAID BEATEN PATH DEVELOPMENT - BOAT CLUB 9391 LLC TRACT AND THE NORTHWEST CORNER OF LOT 1, BLOCK 1, RCP EAGLE SUBDIVISION, AN ADDITION TO THE CITY OF FORT WORTH, AS SHOWN ON THE PLAT THEREOF AND RECORDED IN INSTRUMENT NUMBER D198282694, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS (O.P.R.T.C.T.), AND BEING IN THE SOUTH RIGHT-OF-WAY LINE OF BOAT CLUB ROAD, ALSO KNOWN AS F.M. 1220, (A VARIABLE WIDTH RIGHT -OF -WAY); THENCE ALONG THE COMMON EAST LINE OF SAID BEATEN PATH DEVELOPMENT - BOAT CLUB 9391 LLC TRACT AND THE WEST LINE OF SAID LOT 1, BLOCK 1, THE FOLLOWING COURSES AND DISTANCES; SOUTH 00°1614" EAST, A DISTANCE OF 94.00 FEET TO A 1/2 INCH CAPPED IRON ROD STAMPED "TNP" FOUND BEING THE BEGINNING OF A TANGENT CURVE TO THE RIGHT, FROM WHICH A 5/8 INCH CAPPED IRON ROD STAMPED "DEE RPLS 6904" BEARS SOUTH 48°25'42' WEST, A DISTANCE OF 0.31 FEET; WITH SAID TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 230.38 FEET, HAVING A RADIUS OF 300.00 FEET, A CENTRAL ANGLE OF 43°59'58", AND A CHORD BEARING AND DISTANCE OF SOUTH 21°43'41" WEST, 224.76 FEET TO A 5/8 INCH CAPPED IRON ROD STAMPED "DEE RPLS 6904"; SOUTH 43°26'44" WEST, PASSING AT A DISTANCE OF 216.61 FEET, A 1/2 IRON ROD FOUND, CONTINUING A TOTAL DISTANCE OF 398.13 FEET TO A POINT BEING THE COMMON SOUTH CORNER OF SAID BEATEN PATH DEVELOPMENT - BOAT CLUB 9391 LLC TRACT AND THE WEST CORNER OF SAID LOT 1, BLOCK 1, AND BEING IN THE EAST LINE OF A TRACT OF LAND KNOWN AS FEE SIMPLE TRACT 15 AS DESCRIBED BY DEED TO TARRANT COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NUMBER ONE, RECORDED IN VOLUME 1108, PAGE 430, D.R.T.C.T.; THENCE NORTHWESTERLY, MEANDERING ALONG CONTOUR 649.00 AND WITH THE COMMON WEST LINE OF SAID BEATEN PATH DEVELOPMENT - BOAT CLUB 9391 LLC TRACT AND THE EAST LINE OF SAID FEE SIMPLE TRACT 15, THE FOLLOWING COURSES AND DISTANCES; NORTH 30°04'04" WEST, A DISTANCE OF 27.03 FEET TO A POINT; NORTH 38°08'02" WEST, A DISTANCE OF 51.97 FEET TO A POINT; NORTH 48°43'39" WEST, A DISTANCE OF 102.33 FEET TO A POINT; NORTH 39°38'20" WEST, A DISTANCE OF 84.30 FEET TO A POINT; NORTH 22°20'57" WEST, A DISTANCE OF 89.49 FEET TO A POINT BEING IN THE SOUTH LINE OF A TRACT OF LAND KNOWN AS FEE SIMPLE TRACT 1 AS DESCRIBED BY DEED TO TARRANT COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NUMBER ONE, RECORDED IN VOLUME 1108, PAGE 430, D.R.T.C.T.; THENCE NORTH 89°14'33" EAST, A DISTANCE OF 112.06 FEET WITH THE COMMON NORTHERLY LINE OF SAID BEATEN PATH DEVELOPMENT - BOAT CLUB 9391 TRACT AND THE SOUTH LINE OF SAID FEE SIMPLE TRACT 1, TO A POINT BEING THE COMMON WEST CORNER OF SAID BEATEN PATH DEVELOPMENT - BOAT CLUB 9391 TRACT AND THE SOUTHEAST CORNER OF SAID FEE SIMPLE TRACT 1; Form T-7: Commitment for Title Insurance (01/03/14) TX----SPS-1-26-6000182600034 COMMITMENT NO.: 6000182600034 EXHIBIT "A" Legal Description THENCE WITH THE COMMON WEST LINE OF SAID BEATEN PATH DEVELOPMENT - BOAT CLUB 9391 TRACT AND THE EAST LINE OF SAID FEE SIMPLE TRACT 1 THE FOLLOWING COURSES AND DISTANCES; NORTH 27°07'28" WEST, A DISTANCE OF 201.64 FEET TO A POINT; NORTH 79°25'40" EAST, A DISTANCE OF 13.74 FEET TO A POINT; NORTH 65°55'40" EAST, A DISTANCE OF 18.70 FEET TO A POINT; NORTH 34°25'40" EAST, A DISTANCE OF 22.00 FEET TO A POINT; NORTH 07°51'40" EAST, A DISTANCE OF 30.00 FEET TO A POINT; NORTH 47°37'20" WEST, A DISTANCE OF 54.10 FEET TO A POINT; NORTH 05°24'40" EAST, A DISTANCE OF 50.20 FEET TO A POINT; SOUTH 30°22'40" WEST, A DISTANCE OF 45.10 FEET TO A POINT; SOUTH 34°52'20" EAST, A DISTANCE OF 63.00 FEET TO A POINT; SOUTH 48°33'50" WEST, A DISTANCE OF 18.87 FEET TO A POINT; SOUTH 84°19'56" WEST, A DISTANCE OF 30.75 FEET TO A POINT; NORTH 27°07'28" WEST, A DISTANCE OF 97.18 FEET TO A POINT; NORTH 44°54'45" WEST, A DISTANCE OF 28.60 FEET TO A POINT BEING THE COMMON WEST CORNER OF SAID BEATEN PATH DEVELOPMENT - BOAT CLUB 9391 TRACT AND THE NORTH CORNER OF SAID FEE SIMPLE TRACT ONE, ALSO BEING IN THE EAST LINE OF LOT 1, TRANQUIL ACRES ADDITION, AS SHOW ON THE PLAT THEREOF AND RECORDED IN VOLUME 388-81, PAGE 42 PLAT RECORDS, TARRANT COUNTY, TEXAS, P.R.T.C.T.; THENCE NORTH 00°15'41" WEST, A DISTANCE OF 18.96 FEET TO A POINT BEING THE COMMON NORTHWEST CORNER OF SAID BEATEN PATH DEVELOPMENT - BOAT CLUB 9391 LLC TRACT AND THE NORTHEAST CORNER OF SAID LOT 1, ALSO BEING IN THE SOUTH RIGHT-OF-WAY OF LINE AFOREMENTIONED BOAT CLUB ROAD AND BEING THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT; THENCE WITH SAID NON -TANGENT CURVE TO THE LEFT AND WITH COMMON NORTH LINE OF SAID BEATEN PATH DEVELOPMENT - BOAT CLUB 9391 LLC TRACT AND THE SOUTH RIGHT-OF-WAY LINE OF SAID BOAT CLUB ROAD, AN ARC DISTANCE OF 445.74, HAVING A RADIUS OF 2956.88 FEET, A CENTRAL ANGLE OF 08°38'14", AND A CHORD BEARING AND DISTANCE OF SOUTH 85°45'33" EAST, 445.32 FEET TO A 1/2 INCH CAPPED IRON ROD STAMPED "MWM RPLS 5438" FOUND; THENCE NORTH 89°54'07" EAST WITH SAID COMMON NORTH AND SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 186.90 FEET TO THE POINT OF BEGINNING AND CONTAINING 231,688 SQUARE FEET OR 5.318 ACRES OF LAND MORE OR LESS. NOTE: COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE AND/OR SQUARE FOOTAGE CALCULATIONS ARE CORRECT. Form T-7: Commitment for Title Insurance (01/03/14) TX----SPS-1-26-6000182600034 ALAMO TITLE INSURANCE COMMITMENT NO.: 6000182600034 Commitment No.: 6000182600034 SCHEDULE B EXCEPTIONS FROM COVERAGE GF No.: ATD-18-6000182600034RJR 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): Item 1, Schedule B is hereby deleted. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. 3. 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 to filled -in lands, or artificial islands, or 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 2026 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 2026 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.) 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.) Form T-7: Commitment for Title Insurance (01/03/14) TX----SPS-1-26-6000182600034 ALAMO TITLE INSURANCE COMMITMENT NO.: 6000182600034 10 SCHEDULE B EXCEPTIONS FROM COVERAGE (continued) 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). 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 tenants in possession, as tenants only, under unrecorded lease agreements. b. 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. c. 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. d. 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. e. Intentionally Deleted. f. Intentionally Deleted. g. Easement(s) and rights incidental thereto, as granted in a document: Granted to: Tarrant County Water Control and Improvement District No. One Purpose: As provided in said document Recording Date: April 18, 1930 Form T-7: Commitment for Title Insurance (01/03/14) TX----SPS-1-26-6000182600034 ALAMO TITLE INSURANCE COMMITMENT NO.: 6000182600034 SCHEDULE B EXCEPTIONS FROM COVERAGE (continued) Recording No: Volume 1108, Page 430, Real Property Records, Tarrant County, Texas Shown and Noted on survey prepared by Cody Watson, Registered Professional Land Surveyor Number 7056, dated June 23, 2026 Matters contained in that certain document Entitled: Warranty Deed Dated: February 15, 1971 Executed by: Amon G. Carter Foundation Recording Date: February 19, 1971 Recording No: Volume 4999, Page 142, Real Property Records, Tarrant County, Texas Reference is hereby made to said document for full particulars. Noted on survey prepared by Cody Watson, Registered Professional Land Surveyor Number 7056, dated June 23, 2026 Easement(s) and rights incidental thereto, as granted in a document: Granted to: City of Fort Worth, Texas, a municipal corporation Purpose: As provided in said document Recording Date: December 6, 2000 Recording No: Volume 14639, Page 99, Real Property Records, Tarrant County, Texas Shown and Noted on survey prepared by Cody Watson, Registered Professional Land Surveyor Number 7056, dated June 23, 2026 Easement(s) and rights incidental thereto, as granted in a document: Granted to: City of Fort Worth Purpose: As provided in said document Recording Date: December 6, 2000 Recording No: Volume 14639, Page 100, Real Property Records, Tarrant County, Texas Shown and Noted on survey prepared by Cody Watson, Registered Professional Land Surveyor Number 7056, dated June 23, 2026 Any rights, interests, or claims which may exist or arise by reason of the following matters disclosed by survey, Dated: June 23, 2026 Prepared by: Cody Watson, Registered Professional Land Surveyor Number 7056 Matters shown: transformer(s) & telephone riser(s) outside easement; 500 -year floodplain and 100 -year floodplain Form T-7: Commitment for Title Insurance (01/03/14) TX----SPS-1-26-6000182600034 ALAMO TITLE INSURANCE COMMITMENT NO.: 6000182600034 SCHEDULE C Commitment No.: 6000182600034 GF No.: ATD-18-6000182600034RJR 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. 2. 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. 5. 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. 6. The search did not disclose any open mortgages or deeds of trust of record, therefore the Company reserves the right to require further evidence to confirm that the property is unencumbered, and further reserves the right to make additional requirements or add additional items or exceptions upon receipt of the requested evidence. The Company must be furnished with a properly executed Affidavit of Debts and Liens from the owner(s). The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below. Limited Liability Company: Beaten Path Development -Boat Club 9391 LLC, a Texas limited liability company a. A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. b. If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendment thereto with the appropriate filing stamps. c. If the Limited Liability Company is member -managed a full and complete current list of members certified by the appropriate manager or member. d. A current dated certificate of good standing from the proper governmental authority of the state in which Form T-7: Commitment for Title Insurance (01/03/14) TX----SPS-1-26-6000182600034 ALAMO TITLE INSURANCE COMMITMENT NO.: 6000182600034 SCHEDULE C (continued) the entity was created e. If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. Intentionally Deleted. 10. Note: The name(s) of the proposed insured(s) furnished with this application for title insurance is/are: Name(s) furnished: City of Fort Worth If these name(s) are incorrect, incomplete or misspelled, please notify the Company. 11. The Company must be furnished evidence of the authority and/or capacity of the party executing the conveying document. 12. 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: Grantor: Hickman Development Corp., a Texas corporation, Howard Clayton Brants, III, Individually and as a remaining shareholder of Brants Equities, Inc., a defunct corporation, and as Co -Trustee of the testamentary trust created under the Will of Debra Wood Brants, deceased (as affected by First Codicil of Last Will and Testament) in Cause No. 2015-PR00883-2, Tarrant County, Texas; Lauren Elizabeth Brants Adams, Individually and as a remaining shareholder of Brants Equities, Inc., a defunct corporation, and as Co -Trustee of the testamentary trust created under the Will of Debra Wood Brants, deceased (as affected by First Codicil of Last Will and Testament) in Cause No. 2015-PR00883-2, Tarrant County, Texas, and as Independent Executor of the Estate of Debra Wood Brants, deceased (as affected by First Codicil of Last Will and Testament); and Francis Graham Coates Brants, Individually and as a remaining shareholder of Brants Equities, Inc., a defunct corporation, as their interest may appear Grantee: Beaten Path Development -Boat Club 9391, LLC, a Texas limited liability company Recording Date: June 14, 2024 Recording No: Clerk's File No. D224105043, Real Property Records, Tarrant County, Texas Form T-7: Commitment for Title Insurance (01/03/14) TX----SPS-1-26-6000182600034 ALAMO TITLE INSURANCE COMMITMENT NO.: 6000182600034 SCHEDULE C (continued) 13. 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). 14. 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. 15. 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. 16. 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. • 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. 17. An acceptable survey of subject property having been received, upon compliance with Rules P-2 and R-16, Schedule B, Item 2 will be amended to read "shortages in area" in its entirety. Form T-7: Commitment for Title Insurance (01/03/14) TX----SPS-1-26-6000182600034 ALAMO TITLE INSURANCE COMMITMENT NO.: 6000182600034 SCHEDULE D Commitment No.: 6000182600034 GE No.: ATD-18-6000182600034RJR Pursuant to the requirements of Procedural Rule P-21 in the 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% or more 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: Joseph W. Grealish, Roger S. Jewkes, Marjorie Nemzura, Michael J. Nolan, Anthony J. Park, Todd B. Rasco, Tara B. Van Rooy Officers: chael 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 (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 (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: chael J. Nolan, Anthony John Park Officers: chael J. Nolan (Chief Executive Officer), Robert Kuhn (President), Carlos E. Valdes (President), Stacey Barker (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 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 $ 5,876.00 Total $ 5,876.00 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-1-26-6000182600034 Schedule D - Texas Form (Effective 1/1/2026) 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) 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 relacibn 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 pbliza de seguro de titulo. El Compromiso es un documento legal. Usted debe leerlo cuidadosamente y endenterlo complemente antes de la fecha para finalizar su transaccion. 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: 6000182600034 GF#: ATD-18-6000182600034RJR 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) FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Effective January 1, 2026 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 Device and Browsing Information FNF automatically collects the following categories 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 information, such as version, language, and type; • device type and operating system; • 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 Website Analytics. We use Google Analytics to understand how visitors interact with FNF Websites. Google Analytics may collect information such as your IP address, device type, and pages visited to help us analyze site traffic and to personalize your browsing experience on our site. If you don't want Google Analytics to be used in your browser, you can install the Google Analytics browser add-on, which Google makes available online. 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. PRIVACY STATEMENT TXFNFTIF_Privacystatement.doc Q flariloTITLE Effective Date: 5/1/2018 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. 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, and our affiliates' services, jointly or independently; • To provide reviews and testimonials about our services, with your consent. When Information Is Disclosed We may disclose the categories of Personal Information and Browsing Information listed above for the following purposes: • 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. Security 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. State -Specific Consumer Privacy Information: For additional information about your state -specific consumer privacy rights, to make a consumer privacy request, or to appeal a previous privacy request, please follow the link Privacy Request, or email privacy(�fnf.com, or call (888) 714-2710. PRIVACY STATEMENT TXFNFTIF_Privacystatement.doc Q Ell8IT1oTITLE Effective Date: 5/1/2018 Certain state privacy laws require that FNF disclose the categories of third parties to which FNF may disclose the Personal Information and Browsing Information listed above. Those categories are: • FNF affiliates and subsidiaries; • Non-affiliated third parties, with your consent; • Businesses in connection with the sale or other disposition of all or part of the FNF business and/or assets; • Service providers; • Law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order. 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 (fnf.com/california-privacy) or call (888) 413-1748. 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: aginguiries(c�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 privacy(�fnf.com or call (888) 714-2710 FNF is the controller of the following businesses registered with the Secretary of State in Oregon: Chicago Title Company of Oregon, Fidelity National Title Company of Oregon, Lawyers Title of Oregon, LoanCare, Ticor, Title Company of Oregon, Western Title & Escrow Company, Chicago Title Company, Chicago Title Insurance Company, Commonwealth Land Title Insurance Company, Fidelity National Title Insurance Company, Liberty Title & Escrow, Novare National Settlement Service, Ticor Title Company of California, Exos Valuations, Fidelity & Guaranty Life, Insurance Agency, Fidelity National Home Warranty Company, Fidelity National Management Services, Fidelity Residential Solutions, FNF Insurance Services, FNTG National Record Centers, IPEX, Mission Servicing Residential, National Residential Nominee Services, National Safe Harbor Exchanges, National Title Insurance of New York, NationalLink Valuations, NexAce Corp., ServiceLink Auction, ServiceLink Management Company, ServiceLink Services, ServiceLink Title Company of Oregon, ServiceLink Valuation Solutions, Western Title & Escrow Company For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. Information From Children The FNF Websites are not intended or designed to attract persons under the age of eighteen (18). We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. 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 Mortgage 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 PRIVACY STATEMENT TXFNFTIF_Privacystatement.doc Q flariloTITLE Effective Date: 5/1/2018 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 Privacy Notice; Notice Changes 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 Privacy Request website or contact us by phone at (888) 714-2710, by email at privacy(o)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 Q Ell8IT1oTITLE A Alamo WTITLE COMPANY ENHANCED REPORT 2.0 Subject Property: Site Address 9391 BOAT CLUB RD FORT WORTH, TX 76179-3273 Owner and Geographic Information Primary Owner: BEATEN PATH DEVELOPMENT -BOAT CLUB 9391 LLC Site Address: 9391 BOAT CLUB RD, FORT WORTH, TX 76179-3273 APN: A 55-3 Housing Tract Number: 3 Legal Description: District: Subdivision: Tract Number: Map Ref: Legal Brief Description: City / Muni / Twp: Property Details Mail Address 700 W HARWOOD RD STE G2 HURST, TX 76054-3315 Secondary Owner: Prepared For: O Michael Blasko (817)392-2311 Michael.Blasko@fortworthtexas.gov Mail Address: 700 W HARWOOD RD STE G2, HURST, TX 76054-3315 Lot Number: Page / Grid: 026 ALEXANDER CRANE HARRIS & BROOK 3 MAP 2012-444 DIST026 CITY:FORT WORTH TR#:3 ALEXANDER CRANE HARRIS & BROOK ABSTRACT 55 TRACT 3 MAP REF:MAP 2012- 444 FORT WORTH Bedrooms: 0 aoa Year Built: Square Feet: e Bathrooms: 0 ig Garage: Lot Size: 3.894 AC j Total Rooms: Fireplace: Number of Units: 0 Zoning: Pool: Use Code: Commercial -Vacant Land Sale Information Transfer Date: 06/13/2024 Seller: N/A Transfer Value: $0.00 Document#: D224105043 Cost/Sq Feet: NaN Assessment and Taxes Assessed Value: $148,420.00 Percent Improvement: 0.00% Homeowner Exemption: Land Value: $148,420.00 Tax Amount: $3,570.51 Tax Rate Area: 223,224,225 Improvement Value: $0.00 Tax Status: Tax Account ID: 03736024 Market Improvement Value: $0.00 Market Land Value: $148,420.00 Tax Year: 2025 Market Value: $148,420.00 Alamo TITI P COMPANY Transfer Record - 06/13/2024 Recording Date: 06/13/2024 Document#: D224105043 Price: $0.00 Document Type: TD Due Date: Type of Financing: Lender Name: Lender Type: Borrowers Name: Vesting: Legal Description: District: 026 Subdivision: ALEXANDER CRANE HARRIS & BROOK Tract Number: 3 Legal Brief Description: ALEXANDER CRANE HARRIS & BROOK ABSTRACT 55 TRACT 3 City / Muni / Twp: FORT WORTH A Alamo WTITLE COMPANY ENHANCED REPORT 2.0 Subject Property: Prepared For: 0I /._Jj Site Address Mail Address Michael Blasko 9391 BOAT CLUB RD 700 W HARWOOD RD STE G2 FORT WORTH, TX 76179-3273 HURST, TX 76054-3315 III (817) 392-2311 Michael.Blasko@fortworthtexas.gov Owner and Geographic Information Primary Owner: BEATEN PATH DEVELOPMENT -BOAT CLUB 9391 LLC Site Address: 9391 BOAT CLUB RD, FORT WORTH, TX 76179-3273 APN: A 575-9E Housing Tract Number: 9E Legal Description: District: Subdivision: Tract Number: Map Ref: Legal Brief Description: City / Muni / Twp: Secondary Owner: Mail Address: 700 W HARWOOD RD STE G2, HURST, TX 76054-3315 Lot Number: Page / Grid: 026 GANN, J M SURVEY 9E MAP 2012-444 DIST026 CITY:FORT WORTH TR#:9E GANN. J M SURVEY ABSTRACT 575 TRACT 9E MAP REF:MAP 2012-444 FORT WORTH Property Details Bedrooms: 0 Year Built: Square Feet: e Bathrooms: 0 r( Garage: Lot Size: 1.72 AC j Total Rooms: Vo Fireplace: Number of Units: 0 4� Zoning: Pool: Use Code: Commercial -Vacant Land Sale Information Transfer Date: 06/13/2024 Seller: N/A Transfer Value: $0.00 Document#: D224105043 Cost/Sq Feet: NaN Assessment and Taxes Assessed Value: $65,932.00 Percent Improvement: 0.00% Homeowner Exemption: Land Value: $65,932.00 Tax Amount: $1,586.11 Tax Rate Area: 223,224,225 Improvement Value: $0.00 Market Improvement Value: $0.00 Market Value: $65,932.00 Tax Status: Market Land Value: $65,932.00 Tax Account ID: 07127634 Tax Year: 2025 Alamo TITI P COMPANY Transfer Record - 06/13/2024 Recording Date: 06/13/2024 Document#: D224105043 Price: $0.00 Document Type: TD Due Date: Type of Financing: Lender Name: Lender Type: Borrowers Name: Vesting: Legal Description: District: 026 Subdivision: GANN, J M SURVEY Tract Number: 9E Legal Brief Description: GANN, J M SURVEY ABSTRACT 575 TRACT 9E City / Muni / Twp: FORT WORTH Secretary of State P.O. Box 13697 Austin, TX 78711-3697 FAX: 512/463-5709 ng Fee: See instructions Certificate of Amendment Entity Information The filing entity is a: Domestic Limited Liability Company (LLC) Filed in the Office of the Secretary of State of Texas Filing #: 805576731 09/08/2025 Document #: 1515971340002 Image Generated Electronically for Web Filing The name of the filing entity is: Beaten Path Development -Boat Club 9391, LLC The file number issued to the filing entity by the secretary of state is: 805576731 Amendment to Name The amendment changes the formation document of the filing entity to change the article or provision that names the entity. The article or provision is amended to read as follows: The name of the filing entity is: Beaten Path Development -Eagle Ridge Estates, LLC � letter of consent, if applicable, is attached. Statement of Approval The amendment has been approved in the manner required by the Texas Business Organizations Code and by the governing documents of the entity. Effectiveness of Filing A. This document becomes effective when the document is filed by the secretary of state. EB. This document becomes effective at a later date, which is not more than ninety (90) days from the date of its filing by the secretary of state. The delayed effective date is: Execution The undersigned signs this document subject to the penalties imposed by law for the submission of a materially false or fraudulent instrument and declares under penalty of perjury that the undersigned is authorized under the Texas Business Organizations Code to execute the filing instrument. Date: September 8, 2025 Staci Pirnar Signature of authorized person FILING OFFICE COPY TEXAS SECRETARY of STATE JANE NELSON BUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITY Filing Number: 805576731 Entity Type: Domestic Limited Liability Company (LLC) Original Date of Filing: June 5, 2024 Entity Status: In existence Formation Date: N/A Tax ID: 32095382100 FEIN: Duration: Perpetual Name: Beaten Path Development -Eagle Ridge Estates, LLC Address: 700 W HARWOOD RD STE G2 HURST, TX 76054-3315 USA ASSOCIATED REGISTERED AGENT FILING HISTORY NAMES MANAGEMENT ASSUMED NAMES ENTITIES INITIAL ADDRESS Last Update Name Title Address June 5, 2024 Beaten Path Development, LLC Manager 700 W. Harwood Rd., Suite G2 Hurst, TX 76054-76054 USA Order Return to Search Instructions: To place an order for additional information about a filing press the 'Order' button. TEXAS SECRETARY of STATE JANE NELSON BUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITY Filing Number: 802150240 Entity Type: Domestic Limited Liability Company (LLC) Original Date of Filing: February 4, 2015 Entity Status: In existence Formation Date: N/A Tax ID: 32056315149 FEIN: Duration: Perpetual Name: BEATEN PATH DEVELOPMENT, LLC Address: 700 W HARWOOD RD Hurst, TX 76054 USA ASSOCIATED REGISTERED AGENT FILING HISTORY NAMES MANAGEMENT ASSUMED NAMES ENTITIES INITIAL ADDRESS Last Update Name Title Address November 8, 2024 OCH ENTERPRISES LLC MEMBER 700 W HARWOOD DRIVE HURST, TX 76054 USA Order Return to Search Instructions: ' To place an order for additional information about a filing press the 'Order' button. TEXAS SECRETARY of STATE JANE NELSON BUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITY Filing Number: 803260123 Entity Type: Domestic Limited Liability Company (LLC) Original Date of Filing: March 8, 2019 Entity Status: In existence Formation Date: N/A Tax ID: 32070004455 FEIN: Duration: Perpetual Name: OCH Enterprises, LLC Address: 700 W HARWOOD RD STE G HURST, TX 76054-3315 USA ASSOCIATED REGISTERED AGENT FILING HISTORY NAMES MANAGEMENT ASSUMED NAMES ENTITIES INITIAL ADDRESS Last Update Name Title Address November 8, 2024 HARWOOD RD INVESTMENTS LLC MEMBER 700 W HARWOOD RD STE G HURST, TX 76054 USA November 8, 2024 BARFIELD CHILDREN 1996 FAMI MEMBER 700 W HARWOOD RD STE G HURST, TX 76054 USA November 8, 2024 JOHN BARFIELD IRRV TRUST 19 MEMBER 700 W HARWOOD RD STE G HURST, TX 76054 USA Order Return to Search Instructions: J To place an order for additional information about a filing press the 'Order' button. TEXAS SECRETARY of STATE JANE NELSON BUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITY Filing Number: 803260119 Entity Type: Domestic Limited Liability Company (LLC) Original Date of Filing: March 8, 2019 Entity Status: In existence Formation Date: N/A Tax ID: 32070004463 FEIN: Duration: Perpetual Name: Harwood Rd Investment, LLC Address: 700 W HARWOOD RD STE G HURST, TX 76054-3315 USA ASSOCIATED REGISTERED AGENT FILING HISTORY NAMES MANAGEMENT ASSUMED NAMES ENTITIES INITIAL ADDRESS Last Update Name Title Address II July 30, 2024 DUSTIN AUSTIN MEMBER 700 W HARWOOD RD STE G HURST, TX 76054 USA Order Return to Search Instructions: ' To place an order for additional information about a filing press the 'Order' button. UNANIMOUS WRITTEN CONSENT IN LIEU OF SPECIAL MEETING OF THE MEMBERS AND MANAGERS OF OCH ENTERPRISES, LLC AUGUST 12, 2020 The undersigned, being all of the members (the "Members") and managers (the "Managers") of OCH Enterprises, LLC, a Texas limited liability company (the "Company"), pursuant to applicable provisions of the Texas Business Organizations Code, by unanimous consent, take the following Company action and adopt the following resolutions, which Company action and resolutions shall have the same force and effect as a unanimous vote of all of the members and managers of the Company at a formal meeting of the members and managers of the Company: WHEREAS, pursuant to Sections 2.1(b) and (c) of the First Amended and Restated Limited Liability Company Agreement of OCH Enterprises, LLC (the "Company Agreement"), John Barfield ceased to serve as a manager on March 23, 2020 due to his death. WHEREAS, pursuant to the terms and provisions of the Company Agreement, the Members desire to elect and appoint Kent Ray as a Manager of the Company. RESOLVED, that the following persons are and shall continue to serve as managers of the Company until their successors are elected and qualified or until their earlier death, resignation, retirement, disqualification or removal from office: Name Dustin Austin Jeffrey David Sandra Roberts Kent Ray RESOLVED, that the following persons be, and they are hereby elected to the offices set forth below opposite their respective names, to serve until their successors are elected and 1 \\capp-329\ProLaw$\Documents\48 13 .000\372642.doc Last Revised: 8/12/2020 qualified or until their earlier death, resignation, retirement, disqualification or removal from office: Name Office Dustin Austin Chief Executive Officer Jeffrey David Chief Financial Officer RESOLVED that Dustin Austin and Jeffrey David, individually or collectively, in their capacities stated herein, are authorized to execute and deliver all instruments and documents on behalf of the Company as they deem necessary or advisable and in the best interest of the Company in connection with the execution of documents for the closing and funding on the acquisition of lots and/or land by the Company or its affiliates, for loan transactions related to the acquisition of lots or land by the Company or its affiliates, for loan transactions related to the construction of improvements to be constructed by the Company or its affiliates, and for the closing and funding on the sale of lots, land and/or improvements constructed by the Company or its affiliates. The execution and delivery by Dustin Austin and/or Jeffrey David, individually or collectively, in the capacities stated herein, of any such documents and instruments shall be conclusive evidence that he did so deem the same to be necessary or advisable and in the best interest of the Company and shall bind the Company. The undersigned certify that they are all of the members and managers of the Company entitled to vote on the foregoing resolutions and that the adoption of such resolutions by this written consent is authorized by the Company Agreement and other governing documents of the Company. For the purposes of this consent, a facsimile transmission hereof may be accepted and relied upon for all purposes, and any facsimile copy shall be binding upon each signatory hereto. 2 \\capp-329\ProLaw$\Documents\4813.000\3 72642.doc Last Revised: 8/12/2020 This unanimous written consent may be executed in one or more counterparts, all of which together shall be one and the same instrument. [THE BALANCE OF THIS PAGE IS INTENTIONALLY BLANK] 3 \\capp-329\ProLaw$\Documents\4813.000\372642.doc Last Revised: 8/12/2020 IN WITNESS WHEREOF, the undersigned have duly executed this consent effective as of the 12t1i day of August, 2020. MEMBERS: HARWOOD RD INVESTMENT, LLC By: A91 A440 Dustin Austin, its sole member BARFIELD CHILDREN 199 FAMILY TRUST By: Sandra Roberts, Trustee JEAN BARFIELD 1999 TR By: jf.Gti Sandra Roberts, Trustee JOHN W. RFIELD 1999 TRUST By: Sandra Roberts, Trustee MANAGERS: By: Dustin Austin By: J id. /l n By: Kent 4 \\capp-329\ProLaw$\Documents\48 13.000\372642.doc Last Revised: 8/12/2020