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HomeMy WebLinkAboutRES 15-227RESOLUTION NO. 15-227 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF.BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Earnest Money Contract with Dingo Realty, LLC for the sale of a vacant 1.104 acre strip of land located .between Smart Street and West Cedar Street. The contract is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of October, 2015. �� TFXAs AssOCIATION OF REALToRs@ COMMERCIAL CONTRACT - UNIMPROVED PROPERTY USE OF THIS FORM BY PERSONS WHO ARE NOTMEWERS OF THE TEWASSOCIATION OF FIFALTORSOISIXIOTAWHORVED. QTexas Assootallon of REALT0119% lno.20U I. PARTIES: Seller agrees to sell and convey to Buyer the Property described in Paragraph 2. Buyer agrees to buy the Property from Seller for the sales price stated in Paragraph 3. The parties to this contract are: Seller: city of Beaumont Address: 801 North Main Street-, Beaumont TX 77701 Phone: E-mail: Fax: Other: Buyer; DincTo Realty, LLC Address: P.O. Box 12.400, Beaumont, TX 77726 Phone: f40.9)839-4428 E-mail: ml958mark@aol.com Fax, (409)832-4344 Other: 2. PROPERTY: A. "Property" means that real property situated in T-474 -- County, Texas at 1.104 AC an West cedar (address) and that is legally described on the attached Exhibit .k or as follows: B, Seller will sell and convey the Property together with: (1) all rights, privileges, and appurtenances pertaining to the Property, including Seller's right, title, and interest in any minerals, utilities, adjacent streets, alleys, strips, gores, and rights-of-way; (2) Seller's Interest in all leases, rents, and security deposits for all or part of the Property; and (3) Seller's interest in all licenses and permits related to the Property. (Describe any exceptions, reservations, or restrictions In Paragraph 12 or an addendum.) (If mineral rights are to be reserved an appropriate addendum should be attached.) , A. At 'or before closing, Buyer will pay the following sales price for the Property: (1) Cash portion payable by Buyer at closing ........................ I . $ 30,000.00 (2) Sum of all financing described in Paragraph 4. . . . . , , .............. .. $ (3) Sales price (sum of 3A(l) and 3A(2)) ............................. $ __ 30,000.00 (TAR -1802) 4-1-14 Initialed for Identification by Seiler _, NAI Wheeler, 470 Orleans Street, 12th Floor Bcatimont, TX 77701 Phone: 409-899-3300 ' Fax:409-899-3301 Erica Goss and Buyer� IV, i Page 1 of 13 Mduced YAth ZIPFOrrnli) by zipt.00X 18070 Fifteen Lida Road, Fraser, hircNgan 48026 1.104 AC on W. Commercial Contract - Unimproved Property concerning 1,104 AC on Womt Cedar B. Adiustment to Sales Price: (Check (1) or (2) only.) M (1) The sales price will not be adjusted based on a survey. 0 (2) The sales price will be adjusted based on the latest survey obtained under Paragraph 6B. W, The sales price is calculated on the basis of $ — (I) square foot of 0 total area Q net area. (I!) acre of 0 total area El not area. ; per; (b) "Total area" means all land area within the perimeter boundaries of the Property. "Net area" means total area less any area of the Property within: Q (1) public roadways; I] (ii) rights-of-way and easements other than those that directly provide utility services to the Property; and F1 (ill) (c) If the sales price is adjusted by more than % of the stated sales price, either party may terminate this contract by providing written notice to the other party within — days after the terminating party receives the survey. If neither party terminates this contract or if the variance is less than the stated percentage, the adjustment to the sales price will be made to the cash portion of the sales price payable by Buyer. 4. FINANCING: Buyer will finance the portion of the sales price under Paragraph 3A(2) as follows: 0 A. Third Party Financing: one or more third party loans in the total amount of $ This contract: 0 (1) is not contingent upon Buyer obtaining third party financing. 0 (2) is contingent upon Buyer obtaining third party financing in accordance with the attached Commercial Contract Financing Addendum (TAR -1931). 0 B. Assum : In accordance with the attached Commercial Contract Financing Addendum (TAR -1931), Buyer will assume the existing promissory note secured by theProperty, which balance at closing will be $ 0 C. Seller Financing: of the attached 5. EARNEST MONEY; The delivery of a promissory note and deed of trust, to Seller under the terms Commercial Contract Financing Addendum (TAR -1931) in the amount of A. Not later than 3 days after the effective date, Buyer must deposit $ 1.000.00 as earnest money with Texas Regional Title Company(title company) at 3195 Dowlen Rd. Ste 108, Beaumont. TX (address) molly mallet (closer). If Buyer fails to timely deposit the earnest money, Seller may terminate this contract or exercise any of Seller's other remedies under Paragraph 15 by providing written notice to Buyer before Buyer deposits the earnest money. B, Buyer will deposit an additional amount of $ with the title company to be made part of the earnest money on or before: 0 (i) — days after Buyer's right to terminate under Paragraph 7B ,expires, or Buyer will be in default if Buyer falls to deposit the additional amount required by this Paragraph 5B within 3 days after Seller notifies Buyer that Buyer has not timely deposited the additional amount. (TAR -1802) 4-1-14 Initialed for Identification by Seller and Buyer—e, Page 2 of 13 Produced vi,thzIpForfnDbyzIpLegix 18070 Fifteen Mile Road, Fraser, Michigan 48028 yAw2zMMtX.corn 1.104 AC on W. Commercial Contract - Unimproved Property concerning 1.104 AC on 'fest Cedar C, Buyer may instruct the title company to deposit the earnest money In an, interest-bearing account at a federally insured financial institution and to credit any interest to Buyer. 6. TITLE POLICY AND SURVEY: A. Title Policy: (1) Seller, at Seller's expense, will furnish Buyer an Owner's Policy of Title Insurance (the title policy) issued by any underwriter of the title company in the amount of the sales price, dated at or after closing, insuring Buyer against loss under the title policy, subject only to: (a) those title exceptions permitted by this contract or as may be approved by Buyer in writing; and (b) the standard printed exceptions contained in the promulgated form of title policy unless this contract provides otherwise. (2) The standard printed exception :as to discrepancies, conflicts, or shortages in area and boundary lines, or any encroachments or protrusions, or any overlapping improvements: IM (a) will not be amended or deleted from the title policy. ❑ (b) will be amended to read "shortages in areas" at the expense of ❑ Buyer ❑ Seller. (3).Within days after the effective date, Seller will furnish Buyer a commitment for title insurance (the commitment) including legible copies of recorded documents evidencing title exceptions. Seller authorizes the title company to defiver the commitment and related documents to Buyer at Buyer's address. B. Survey: Within 30 days after the effective date: Seller Seller's (1) -will obtain a survey of the Property at Suyef�s-expense and deliver a copy of the survey to Buyer. The survey must be made in accordance with the: (i) ALTA/ACSM Land Title Survey standards, or (fl) Texas SocietyLerrofessional Su , ors'standards for a Category 1A survey under the appropriate condition.will reimburse $1, 950.00 (insert mount) of the cost of the survey t closin if closing occurs. k/17l� -7-)-Ar Apop"Wl"y / AAArv, ylySe,*Ja »�� S'Tilre-4•5rvi�C.P/s l,rs �Fl,y " ZAX04 91arr,l n . �3t �'Iric +7 6+�eJ1� IGOi�CGf ❑ 2) Seller, at Sefler's expense, will furnisl�i Buyer a survey of the Property dated after the effective date. The survey must be made in accordance with the: (I) ALTA/ACSM Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. ❑ (3) Seller will deliver to Buyer and the title company a true and correct copy of Seller's most recent survey of the Property along with an affidavit required by the title company for approval of the existing survey. If the existing survey is not acceptable to the title company, Seller, at Seller's expense, will obtain a new or updated survey acceptable to the title company and deliver the acceptable survey to Buyer and the title company within 20 days after Seller receives notice that the existing survey is not acceptable to the title company. The closing date will be extended daily up to 20 days if necessary for Seller to deliver an acceptable survey within the time required. Buyer will reimburse Seller (insert amount) of the cost of the new or updated survey at closing, if closing occurs. C. Buyer's Objections to the Commitment and Survey: (1) Within 5 days after Buyer receives the commitment, copies of the documents evidencing the title exceptions, and any required survey, Buyer may object in writing to matters disclosed in the items if: (a) the matters disclosed are a restriction upon the Property or constitute a defect or encumbrance to title other than those permitted by this contract or liens that Seller will satisfy at closing or Buyer will assume at closing; or (b) the items show that any part of the Property lies in a (TAR -1802) 4-1-14 Initialed for Identification by Seller and BuyerT, Page 3 of 13 Producedwilh zipForrrrD by zlpLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 1.10+4 AC on W. Commercial Contract - Unimproved Property concerning 1.104 AC on West Cedar special flood hazard area (an "N' or "W zone as defined by FEMA}, If Paragraph 66(1) applies, Buyer is deemed to receive the survey on the earlier of: (1) the date of Buyer's actual receipt of the survey; or (ii) of the deadline specified in Paragraph 6B. (2) Seller may, but is not obligated to, cure Buyer's ti * mely objections within 15 days after Seller receives the objections. The closing date will be extended as necessary to provide such time to cure the objections. If Seller fails to cure the objections by the time required, d, Buyer may terminate this contract by providing written notice to Seller within 5 days after the time by which Seller must cure the objections. If Buyer terminates, the earnest money, less any independent consideration under Paragraph 713(1), will be refunded to Buyer. (3) Buyer's failure to timely object or terminate under this Paragraph 6C is a waiver of Buyer's right to object except that Buyer will not waive the requirements in Schedule C of the commitment. 7. PROPERTY CONDITION, A. Present Condition: Buyer accepts the Property in its present condition except that Seller, at Seller's expense, will complete the following before closing: B. Feasibility Period: Buyer may terminate this contract for any reason within 30 — days after the effective date (feasibility period) by providing Seller written notice of termination. (Check only one box.) IM (1) If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer less $ 1 000-00 --- that Seller will retain as independent consideration for Buyer's unrestricted right to terminate. Buyer has tendered the independent consideration to Seller upon payment of the amount specified in Paragraph 5A to the title company. The independent consideration is to be credited to the sales price only upon closing of the sale, if no dollar amount Is stated in this . -- .. ... I .. . I I - .1 --- A — --- -1— --X L--..- 4t— Q (2) Not later than 3 days after the effective date, Buyer must pay Seller $ as independent consideration for Buyer's right to terminate by tendering such amount to Seller or Seller's agent. If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer and Seller will retain the independent consideration. The independent consideration will be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this C. Inspections., Studies, or Assessments: (1) During the feasibility period, Buyer, at Buyer's expense, may complete, or cause to be completed any and all inspections, studies, or assessments of the Property (including all improvements and fixtures) desired by Buyer. (2) Buyer must: (a) employ only trained and qualified Inspectors and assessors; (b) notify Seller, in advance, of when the inspectors or assessors will be on the Property; (c) abide by any reasonable entry rules or requirements of Seller; (d) not interfere with existing operations or occupants of the Property; and (e) restore the Property to its original condition if altered due to'; Inspections, studies, or assessments that Buyer completes or causes to be complete (TARA802) 4-1-14 Initialed for Identification by Seller —, — and BuyerV1,7— Page 4 of 13 Produced WthzlpFotm0byzlpL4x 18070 Fifteen Mile Road. Fraser, Michigan 48020 VAVW.zipL m, MIX.00 1. 104 AC on IV. Commercial Contract - Unimproved Property concerning 1.104 -AC on test Cedar (3) Except for those matters that arise from the negligence of Selleri or Seller's agents, Buyer is responsible for any claim, liability, encumbrance, cause of action, and expense resulting from Buyer's inspections, studies, or assessments, including any property damage or personal injury. Buyer will indemnify, hold harmless, and defend Seller and Selle'r's agents against any claim involving a matter for which Buyer is responsible under this paragraph. This paragraph survives termination of this contract. D. Pro peLtyInformation. (1) Dellve[y of Property fnformatio : Within N/A days after the effective date, Seller will deliver to Buyer: (Check aft that apply.) 0 (a) copies of all current leases pertaining to the Property, including any modifications, supplements, or amendments to the leases', 0 (b) copies of all notes and deeds of trust against the Property that Buyer will assume or that Seller will not pay In full an or before closing; 0 (c) copies of all previous environmental assessments, geotechnical reports, studies, or analyses made on or relating to the Property; 0 (d) copies property tax statements for the Property for the previous 2 calendar years; 0 (e) plats of the Property; 0 (f) copies of current utility capacity letters from the Property's water and sewer service provider; and ❑ (g) (2) Return of -Property Information: If this contract terminates for any reason, Buyer will, not later than 10 days after the termination date: (Check a// that apply.) 0 (a) return to Seller all those items described in Paragraph 7D(1) that Seller delivered to Buyer in other than an electronic format and all copies that Buyer made of those items; 0 (b) delete or destroy all electronic versions of those items described in Paragraph 7D(1) that Seller delivered to Buyer or Buyer copied; and 0 (c) deliver copies of all inspection and assessment reports related to the Property that Buyer completed or caused to be completed. This Paragraph 7D(2) survives termination of this contract. E. Contracts Affecting 0-perations: Until closing, Seller: (1) will operate the Property in the same manner as on the effective date under reasonably prudent business standards; and (2) will not transfer or dispose of any part of the Property, any interest or right in the Property, or any of the personal property or other items described in Paragraph 2B or sold under this contract. After the feasibility period ends, Seller may not enter into, amend, or terminate any other contract that affects the operations of the Property without Buyer's written approval. 8. LEASES: A. Each written lease Seller is to assign to Buyer under this contract must'be in full force and effect according to its terms. Seller may not enter into any new lease, fall to comply with any existing lease, or make any amendment or modification to any existing lease without Buyer's written consent. Seller must disclose, in writing, if any of the following exist at the time Seller provides the leases to the Buyer or subsequently occur before closing: (1) any failure by Seller to comply with Seller's obligations under the leases; (2) any circumstances underany lease that entitle the tenant to terminate the lease or seek any offsets or damages; (3) any advance sums paid by a tenant under any lease; TAR -'1802 4-1-14 Initialed for Identification by Seller — — and Buyer Page 5 of 13 Produced with ii*pFourADby7JpLogixt8O7O Fifteen Mile Road, Fraser, Mabigan 4BO26 Yrow-ARLOWx.00 1, 104 AC on W. Commercial Contract - Unimproved Property concerning t C (4) any concessions, bonuses, free rents, rebates, brokerage commissions, or other matters that affect any lease; and (5) any amounts payable under the leases that have been assigned or encumbered, except as security for loan(s) assumed or taken subject to under this contract. B. Estoppel Certificates: Within NIA days after the effective date, Seller will deliver to Buyer estoppel certificates signed not earlier than N/A by each tenant that leases space in the Property. The estoppel certificates must include the certifications contained in the current version of TAR Form 1938 -- Commercial Tenant Estoppel Certificate and any additional information requested by a third party lender providing financing under Paragraph 4 if the third party lender requests such additional information at least 10 days prior to the earliest date that Seller may deliver the signed estoppel certificates. 9. BROKERS: A. The brokers to this sale are: Principal Broker: KenWheel, Inc. dba NAI Cooperating Broker: Wheeler Agent: Lee Y. Wheeler, TTI Agent: Address: 470 Orleans Street, 12th FL Address: Beaumont, TX 77701 Phone & Fax: (409) 899-3300 (409) 899_330] Phone & l=ax: E-mail: LWheelerMlWheeler. com E-mail: License No.: 579943 License No.: Principal Broker: (Check only one box) Cooperating Broker represents Buyer. 0 'represents Seller only. ❑ represents Buyer only. ❑ is an intermediary between Seller and Buyer. B. Fees: (Check only (1) or (2) below.) (Complete the Agreement Between Brokers on page 13 only if (1) is selected) ❑ (1) Seller will pay Principal Broker the fee specified by separate written commission agreement between Principal Broker and Seller. Principal Broker will pay Cooperating Broker the fee specified in the Agreement Between Brokers found below the parties' signatures to this contract. M (2) At the closing of this sale, Seller will pay: Principal Broker a total cash fee of: M 3.000 %o of the sales price. Cooperating Broker a total cash fee of: ❑ % of the sales price. The cash fees will be paid in Jefferson Courity, Texas. Seller authorizes the title company to pay the brokers from the Seller's proceeds at closing; NOTICE., Chapter 62, Texas Property Code, authorizes a broker to secure an earned commission with a lien against the Property. C. The parties may not amend this Paragraph 9 without the written consent o Ahe brokers affected by the amendment. (TAR -1802) 4-1-14 Initialed for Identification by Seller and Buyer Page 6 of 13 Produoed w th zipForrrM by ApLogix 18070 Fifteen Mile Road, Fraser, Michigan 48028 }wnv ioLoa x.com 1.104 AC on }}r i I Commercial Contract - Unimproved Property concerning 1.104 .2;1.0 on West Cedar 10. CLOSING.-. A. The date of the closing of the sale (closing date) will be on or before the later of: (1) W 7 days after the expiration of the feasibility period. 0 (specfffe date). EJ (2) 7 days after objections made under Paragraph 6C have been cured or;waived B. If either party falls to close by the closing date, the non -defaulting party may exercise the remedies in Paragraph 15. C. At closing, Seller will execute and deliver, at Seller's expense, a ❑ 'general 0 special warranty deed. The deed must include a vendor's lien if any part of the sales price is financed. The deed must convey good and indefeasible title to the Property and show no exceptions other than those permitted under Paragraph 6 or other provisions of this contract. Seller must convey the Property: (1) with no liens, assessments, or other security interests against the Property which will not be satisfied out of the sales price, unless securing loans Buyer assumes; (2) without any assumed loans in default; and (3) with no persons in possession of any part of the Property as lessees, tenants at sufferance, or trespassers except tenants under the written leases assigned to Buyer under this contract. D. At closing, Seller, at Seller's expense, will also deliver to Buyer: (1) tax statements showing no delinquent taxes on the Property; (2) an assignment of all leases to or on the Property; (3) to the extent assignable, an assignment to Buyer of any licenses and permits related to the Property; (4) evidence that the person executing this contract is legally capable and authorized to bind Seller; (5) an affidavit acceptable to the title company stating that Seller is not a foreign person or, if Seller is a foreign person, a written authorization for the title company to: (1) withhold from Seller's proceeds an amount sufficient to comply applicable tax law; and (fi) deliver the amount to the Internal Revenue Service (IRS) together with appropriate tax forms; and (6) any notices, statements, certificates, affidavits, releases, and other documents required by this contract, the commitment, or law necessary for the closing of the sale and issuance of the title policy, all of which must be completed by Seller as. necessary. E. At closing, Buyer will: (1) pay the sales price in good funds acceptable to the title company; (2) deliver evidence that the person executing this contract is legally capable and authorized to bind Buyer; (3) sign and send to each tenant in a lease for any part of the Property a written statement that: (a) acknowledges Buyer has received and is responsible for the tenant's security deposit; and (b) specifies the exact dollar amount of the security deposit; (4) sign an assumption of all leases then in effect; and (5) execute and deliver any notices, statements, certificates, or other documents required by this contract or taw necessary to close the sale. F. Unless the parties agree otherwise, the closing documents will be as found in the basic forms in the current edition of the State Bar of Texas Real Estate Forms Manual without any additional clauses. 11, POSSESSION: Seller will deliver possession of the Property to Buyer upon closing and funding of this sale in its present condition with any repairs Seller is obligated to complete under this contract, ordinary wear and tear excepted. Any possession by Buyer before closing or by Seller after closing that is not authorized by a separate written lease agreement is a landlord -tenant at sufferance relationship between the parties. (TAR -1802) 4-1-14 Initialed for Identification by Seller and Buyer Page 7 of 13 Produoedw lh zipForrn9 by zipLogix 18070 Fifteen Mile Road. Fraser, Michigan 48026 w.4w.zt k ix.cori 1.104 AC on W. Commercial Contract - Unimproved Property concerning 1.104 AC on West Cedar i 12. SPECIAL PROVISIONS: The following special provisions apply and will control in the event of a conflict with other provisions of this contract. (!f special provisions are contained i,n an Addendum, identify the Addendum here and reference the Addendum in Paragraph 22D.) Seller will obtain an appraisal of the Property at Seller's expense and deliver a copy of the appraisal to Buyer. Buyer will reimburse Seller $1,400.00 of the cost of the appraisal at closing, if closing occurs. 13. SALES EXPENSES: A. Seller's Expenses: Seller will pay for the following at or before closing: (1) releases of existing liens, other than those liens assumed by Buyer, including prepayment penalties and recording fees, (2) release of Seller's loan liability, if applicable; (3) tax statements or certificates; (4) preparation of the deed; (5) one-half of any escrow fee; (6) costs to record any documents to cure title objections that Seller must cure; and (7) other expenses that Seller will pay under other provisions of this contract. B. Buyer's Expenses: Buyer will pay for the following at or before closing: (1) all loan expenses and fees; (2) preparation of any deed of trust; (3) recording fees for the deed and any deed of trust; (4) premiums for flood insurance as may be required by Buyer's lender; (5) one-half of any escrow fee; - (6) other expenses that Buyer will pay under other provisions of this contract. 14. PRORATIONS: A. Prorations: (1) Interest on any assumed loan, taxes, rents, and any expense reimbursements from tenants will be prorated through the closing date. (2) If the amount of ad valorem taxes for the year in which the sale closes is not available on the closing date, taxes will be prorated on the basis of taxes assessed in the previous year. If the taxes for the year in which the sale closes vary from the amount prorated at closing, the parties will adjust the prorations when the tax statements for the year in which the sale closes become available. This Paragraph 14A(2) survives closing. (3) If Buyer assumes a loan or is taking the Property subject to an existing lien, Seller will transfer all reserve deposits held by the lender for the payment of taxes, insurance premiums, and other charges to Buyer at closing and Buyer will reimburse such amounts to Seller by an appropriate adjustment at closing. B. Rollback Taxes: If Seller changes the use of the Property before closing ;or if a denial of a special valuation on the Property claimed by Seller results in the assessment of additional taxes, penalties, or interest (assessments) for periods before closing, the assessments will be the obligation of the Seller. If this sale or Buyer's use of the Property after closing results in additional assessments for periods before closing, the assessments will be the obligation of Buyer. This Paragraph 14B survives closing. . C. Rent and Security Deposits: At closing, Seller will tender to Buyer all security, deposits and the following advance payments received by Seller for periods after closing: prepaid expenses, advance rental (TAR -1802) 4-1-14 Initialed for Identification by Seller and Buyer Page 8 of 13 Produced with z;pForm@ by zipLogix 18070 Meen Mile Road. Fraser. Michigan 48026 w.weXpLooix.cormr 1.104 AC on W. Commercial Contract - Unimproved Property concerning 1.104 AC on West Cedar payments, and other advance payments paid by tenants. Rents prorated to one party but received by the other party will be remitted by the recipient to the party to whom it was prorated within 5 days after the rent is received. This Paragraph 140 survives closing. 15. DEFAULT: A. If Buyer fails to comply with this contract, Buyer is in default and Seller, as Seller's sole remedy(ies), may terminate this contract and receive the earnest money, as liquidated damages for Buyer's failure except for any damages resulting from Buyer's inspections, studies or assessments in accordance with Paragraph 7C(3) which Seller may pursue; or (Check if applicable) 0 enforce specific performance, or seek such other relief as may be provided by law. B. If, without fault, Seller is unable within the time allowed to deliver the estoppel certificates, survey or the commitment, Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 7B(1),. as liquidated damages and as Buyer's sole remedy; or (2) extend the time for performance up to 15 days and the closing will be extended as necessary. C. Except as provided in Paragraph 15B, if Seller fails to comply with this contract, Seller is in default and Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 7B(1), as liquidated damages and as Buyer's sole remedy; or (2) enforce specific performance, as Buyer's ' sole remedy. 16. CONDEMNATION. If before closing, condemnation proceedings are commenced against any part of the Property, Buyer may: A. terminate this contract by providing written notice to Seller within 15 days after Buyer is advised of the condemnation proceedings and the earnest money, less any independent consideration paid under Paragraph 7B(1), will be refunded to Buyer; or B. appear and defend in the condemnation proceedings and any award will, at Buyer's election, belong to: (1) Seller and -the sales. price will be reduced by the same amount; or (2) Buyer and the sales price will not be reduced. 18. ESCROW: A. At closing, the earnest money will be applied first to any cash down payment, then to Buyer's closing .costs, and any excess will be refunded to Buyer. If no closing occurs, the, title company may require payment of unpaid expenses incurred on behalf of the parties and a written release of liability of the title company from all parties. B. If one party makes written demand for the earnest money, the title company will give notice of the demand by providing to the other party a copy of the demand. If the title company does not receive written objection to the demand from the other party within 15 days after the date the title company sent the demand to the other party, the title company may disburse the earnest money to the party making demand, reduced by the amount of unpaid expenses incurred on behalf of the party receiving the earnest money and the title company may pay the same to the creditors. (TAR-1802) 4-1-14 Initialed for Identification by Seller and Buyer Page 9 of 13 Produced vAh zlpFoanD by zipLogtx 18070 Fifteen Milo Road, Fraser, Mtchlgan 48026 VIZ 1.104 AC on W. i Commercial Contract - Unimproved Property concerning 1,104 AC on West Cedar C. The title company will deduct any independent consideration under Paragraph 7B(1) before disbursing any earnest money to Buyer and will pay the independent consideration to Seller. D. If the title company complies with this Paragraph 18, each party hereby releases the title company from all claims related to the disbursal of the earnest money. E. Notices under this Paragraph 18 must be sent by certified mail, return receipt requested. Notices to the title company are effective upon receipt by the title company. F. Any party who wrongfully fails or refuses to sign a release acceptable to the title company within 7 days after receipt of the request will be liable to the other party for liquidated damages in an amount equal to the sum of: (i) three times the amount of the earnest money; (ii) the earnest money; (iii) reasonable attorney's fees; and (Iv) all costs of suit. G. 0 Seller EJ Buyer intend(s) to complete this transaction as a part of an exchange of like -kind properties in accordance with Section 1031 of the Internal Revenue Code, as amended. All expenses in connection with the contemplated exchange will be paid by the exchanging party. The other party will not incur any expense or liability with respect to the exchange. The parties agree to cooperate fully and in good faith to arrange and consummate the exchange so as to comply to the maximum extent feasible with the provisions of Section 1031 of the Internal Revenue Code. The other provisions of this contract will not be affected in the event the contemplated exchange fails to occur. lt'fEM ll��l�LLYI�\Y rsi<�S.•J� st�lnll�]>n1\ � � �Y! _ _ _ � U. �T��iT..I�IrSTTilr7i=iIla T7• i• i 20. NOTICES: All notices between the parties under this contract must be in writing and are effective when hand -delivered, mailed by certified mail return receipt requested, or sent by facsimile transmission to the parties addresses or facsimile numbers stated in Paragraph 1. The parties will send copies of any notices to the broker representing the party to whom the notices are sent. Ct A, Seller also consents to receive any notices by e-mail at Seller's e-mail address stated in Paragraph 1. 0 B. Buyer also consents to-r�-e�ceive any notices by e-mail at Buyer's e-mail address stated in Paragraph ,1 .. } 21 DISPUTE Ri SOLLIT1O%�e--a rhes agree —te—negotiate in good faith, In—an offeFt to r nnW—a�is.7'pute- �7 Q7-F..TI3e�0 " N[.li li ..�L�1__r i_ .1!_!_ _ ..•_ • ♦ • • .. „ _ _ _ _ _ tVIL Llf iVJ1T (TAR -1802) 4-1-14 initialed for Identification by Seller and Buyer Page 10 of 13 Produced with;dpForm9 by zipLogix 18070 Fifteen Milo Road, Fraser, Michigan 48026 www.zipLookrom 1.104 AC on W. •01 l �• • • • r r r •Iwo _ • U. �T��iT..I�IrSTTilr7i=iIla T7• i• i 20. NOTICES: All notices between the parties under this contract must be in writing and are effective when hand -delivered, mailed by certified mail return receipt requested, or sent by facsimile transmission to the parties addresses or facsimile numbers stated in Paragraph 1. The parties will send copies of any notices to the broker representing the party to whom the notices are sent. Ct A, Seller also consents to receive any notices by e-mail at Seller's e-mail address stated in Paragraph 1. 0 B. Buyer also consents to-r�-e�ceive any notices by e-mail at Buyer's e-mail address stated in Paragraph ,1 .. } 21 DISPUTE Ri SOLLIT1O%�e--a rhes agree —te—negotiate in good faith, In—an offeFt to r nnW—a�is.7'pute- �7 Q7-F..TI3e�0 " N[.li li ..�L�1__r i_ .1!_!_ _ ..•_ • ♦ • • .. „ _ _ _ _ _ tVIL Llf iVJ1T (TAR -1802) 4-1-14 initialed for Identification by Seller and Buyer Page 10 of 13 Produced with;dpForm9 by zipLogix 18070 Fifteen Milo Road, Fraser, Michigan 48026 www.zipLookrom 1.104 AC on W. Commercial Contract - Unimproved Property concerning 1.104 AC on West Cedar 22. AGREEMENT OF THE PARTIES: A. This contract is binding on the parties, their heirs, executors, representatives, successors, and permitted assigns. This contract is to be construed in accordance with the laws of the State of Texas. If any term or condition of this contract shall be held to be invalid or unenforceable, the remainder of this contract shall not be affected thereby. B. This contract contains the entire agreement of the parties and may not be changed except in writing. C. if this contract is executed in a number of identical counterparts, each counterpart is an original and all counterparts, collectively, constitute one agreement. Addenda which are part of this contract are: (Check all that apply.) (1) Property Description Exhibit identified in Paragraph 2; (2) Commercial Contract Financing Addendum (TAR -1931); (3) Commercial Property Condition Statement (TAR -1408); (4) Commercial Contract Addendum for Special Provisions (TAR -1940); (5) Notice to Purchaser of Real Property in a Water District (MUD); (6) Addendum for Coastal Area Property (TAR -1915); (7) Addendum for Property Located Seaward of the Gulf Intracoastal Waterway (TAR -1916); (8) Information About Brokerage Services (TAR -2501); and 9 (Note. Counsel for the Texas Association of REAL TORSO (TAR) has determined that any of the foregoing addenda which are promulgated by the Texas Real Estate Commission (TREC) or published by TAR are appropriate for use with this form.) E. Buyer ❑ may 0 may not assign this contract. If Buyer assigns this contract, Buyer will be relieved of any future liability under this contract only if the assignee assumes, in writing, all obligations and liability of Buyer under this contract. 23. TIME: Time is of the essence in this contract. The parties require strict compliance with the times for performance. If the Iasi day to perform under a provision of this contract falls on a Saturday, Sunday, or legal holiday, the time for performance is extended until the end of the next day which is not a Saturday, Sunday, or legal holiday. 24. EFFECTIVE DATE: The effective date of this contract for the purpose of performance of all obligations is the date the title company receipts this contract after all parties execute this contract. 25. ADDITIONAL NOTICES: A. Buyer should have an abstract covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a title policy. B. If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fees of the district before final execution of this contract. C. Notice Required by §13.257, Water Code: "The real property, described below, that you are about to purchase may be located in 'a certificated water or sewer service area, which is authorized by law to provide water or sewer service to the properties in the certificated area. If your property is located in a certificated area there may be special costs or charges that you will be r quired to pay before you can (TAR -1802) 4-1-14 initialed for Identification by Seller - and Buyer Page i 1 of 13 Produced with 21pFarm9 by 2ipLogix 18070 Fifteen Mite Road, Fraser, Michigan 48026 wwY.AiLoaix.eom 1.104 AC on W. I I Commercial Contract - Unimproved Property concerning 1.104 AC on West Cedar receive water or sewer service. There may be a period required to construct lines or other facilities necessary to provide water or sewer service to your property. You are advised to determine if the property is in a certificated area and contact the utility service provider to determine the cost that you will be required to pay and the period, if any, that is required to provide water or sewer service to your property. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or before the execution of a binding contract for the purchase of the real property' described in the notice or at closing of purchase of the real property." The real property is described in;Paragraph 2 of this contract. D. If the Property adjoins or shares a common boundary with the tidally influenced submerged lands of the state, §33.135 of the Texas_ Natural Resources Code requires a notice regarding coastal area property to be included as part of this contract. E. If the Property is located seaward of the Gulf Intracoastal Waterway, §61.025, Texas Natural Resources Code, requires a notice regarding the seaward location of the Property to be included as part of this contract. F. If the Property is located outside the limits of a municipality, the Property ;may now or later be included in the extra -territorial jurisdiction (ETJ) of a municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and ETJ. To determine if the Property is located within a municipality's ETJ, Buyer should contact all municipalities located in the general proximity of the Property for further information. G. Brokers are not qualified to perform property inspections, surveys, engineering studies, environmental assessments, or inspections to determine compliance with zoning, governmental regulations, or laws. Buyer should seek experts to perform such services. Buyer should review local building codes, ordinances and other applicable laws to determine their effect on the Property. Selection of experts, inspectors, and repairmen is the responsibility of Buyer and not the brokers. Brokers are not qualified to determine the credit worthiness of the parties. 26. CONTRACT the Property, located, on AS OFFER: The execution of this contract by the first party constitutes an offer to buy or sell Unless the other party accepts the offer by 5:00 p.m., in the time zone in which the Property is the offer will lapse and become null ;and void. READ .THIS ..C.ONTRACT CAREFULLY. The brokers and agents make no representation or recommendation as to the legal sufficiency, legal effect, or tax consequences of this document or transaction. CONSULT your attorney BEFORE signing, Seller: City of Beaumont Buyer: Dingo Realty, LLC By: Kyle Hayes By (signature): Printed Name: Kyle Haves Tille:Cit•.y Manager 13y: By (signature): Printed Name: Title: By: Mark ir'ertitta By (signature): Printed Name: Mark F'artitta Title: By: By (signature): Printed Name: Title: (TAR -1802) 4-1-14 Initialed for Identification by Seller and BuyerA, Produced w th zipForm&by zipLogix 18070 Fifteen Mle Road, Fraser, MWOgan 48026 Ymy zioLoolx con, Page 12 of 13 1 J 0l AC on W. Commercial Contract - Unimproved Property concerning 1,104 AC on i AGREEMENT BETWEEN BROKERS (use only If Paragraph ON is effective) Principal Broker agrees to pay (Cooperating Broker) a fee when the Principal Broker's fee is received. The fee to be paid to Cooperating, Broker will be: ❑ .—, or ❑ — % of the sales price, or ❑ — % of the Principal Broker's fee. The title company is authorized and directed to pay Cooperating Broker from Principal Broker's fee at closing, This Agreement Between Brokers supersedes any prior offers and agreements for compensation between brokers. Principal Broker: Cooperating Broker: By: By: ATTORNEYS Seller's attorney- Buyer's attorney: Address: Address: I Phone & E-mail• Seller's attorney requests copies of documents, notices, and other information: ❑ the title company sends to Seller. ❑ Buyer sends to Seller. Phone & E-mail: Buyer's attorney requests copies of documents, notices, and other information: ❑ the title company sends to Buyer. ❑ Seller sends to Buyer. ESCROW RECEIPT The title company* acknowledges receipt of: ❑A. the contract on this day (effective date); ❑ B. earnest money in the amount of $ in the form of on Title company: Address: By: Phone & Fax: Assigned file number (GF#), E-mail: (TAR -1802) 4-1-14 1 Page 13 of 13 Produced with zipFonnO by zipLoglx 18070 fifteen Mile Road, Fraser, MiabIgan 49028 mvw-z1PL0ajs-wm L 104 AC on W. W�PRTECH 'Rctugnizrng the landmarks ofthe past.,, selling ourforesrght toYrards the hture tsilh Advanced Geaspatiaf 7rchnology' LAND SURVEYORS, INC . Texas Boai'd of Professlonal Land Surveying Him Registration No, 10105600 July 2, 2015 Surveyor's Field Note Description, BEING a 1.104 acre (48,103.84 square feet) tract of land out of and a part of that certain Beaumont, Sour Lake & Western Railway Company called 1,406 acre tract of land, more fully described and recorded in Volume 95, Page 4, Deed Records of Jefferson County, Texas. Said 1.104 acre tract of land being situated in the Noah Te -vis. Survey, Abstract fit, Jefferson County, Texas and being more particularly described as follows, BEGINNING at a chain link fence corner post found at the Northwest corner of the herein described tract of land 'anti 1,405 acne tract, same being tho Southwest corner of that certain Beaumont, Sour Labe & Western Railway Company called 0,97 acre tract of land, more fully described and recorded in Volume 95, Page 13 of said Deed Records and same being the Southeast corner of that certain Houma Dollar Partners, LL.C. called 1.445 acre tract of land, more fully described and recorded in Clerk's File No. 2009004839 of the Official Public Records of Jefferson County; THENCE North 87 (leg, 22 min. 38 sec. least along and with the North line of the herein described tract and 1,406 acre tract, Sarre being the South line of the 0.97 acre tract, a distance of 156,44 feet to a 518 inch iron rod with cap stamped "WORTECH SURVEYORS' foitud for the Northeast coiner of the herein described tract and 1.405 acre tract, same being the Southeast corner of the 0.97 acre tract, same being the Southwest corner of that certain Beaumont Independent School District called 6.996 acre tract of land, more fully described and recorded in Volume 631, Page 178 of said Deed Records and same being the Northwest corner of that certain Beaumont Independent School District called 2.882 acre tract of land, more fully described and recorded in Volume 631, Page 177 of said Deed. Records and being the beginning of a non tangent curve; THENCE in a Southeasterly direction along and with the East line of ,the herein described tract and 1.405 acre tract, sanne being the West line of said 2,832 acre tract and said non - tangent curve to the left, having a delta angle of 12 (leg, 59 min, 22 see., a radius distance of 1613.30 feet, a chard bearing of South 65 deg. 00 nein. 17 sec, East, a chord distance of 342.34 feet and an are distance of 343,08 feet to a 518 inter iron rod with cap stamped "VORTECH SURVEYORS" found for corner, THENCE South 78 deg. 41 min. 13 sec. East continuing along and with the last line of the lierein described tract and 1.406 acre tract, same being the Zftest line of said 2.832 acre tract, a distance of 94,79 feet to a 518 hich iron rod with cap stamped "WORTItCH SURVEYORS" found for corner; THENCE South 89 (leg. 21 inial. 13 sec, East continuing along and with. tiie Last line of the herein described tract and 1,405 acre tract, same being Clio MlesC line of said 2,882 acre tract, a distaii.ce of 1201.49 feet to a 518 inch iroti trod Nvith cap stamped "W01ZTECH SUIWEYORS" set for corner in the Nortli line of an cxisting 1'. & N. 0. RR, right-of-way; TI -Mi NCE Soutli 78 deg, 48 ,min, 25 sec. blest along and witli the Nortli fine of said existing T. & N. 0. RR. Aglit-of-way, satire being the Sotith line of the bercin described tract, a distance of Corporate Office: 1480 Conterstone Court Beaurnont, Texas 77706 Tel: 409,866,9709 Fax: 409.866.7075 City of Beaumont July 2, 2016 ,TP TE Page 2 LAD SURVEYORS, INC. 302.64 feet to a 518 itich iroji rod With cap stamped "WORTECH SURVEYORS" sot at the SoutliNvest comer of the Ilercill described tract and 1,405 acre tract, satile being the Somfieast corner of ffiat celtaitl Deamnotit, Sour Lake & Western Railway Compalliy called 2,62 acre tract of laird, more fully described and recorded bi Volume 240, Page 212 of said Deed Records alid being at tile, beglimbig of a non -tangent curve; THENCE in a Nortliwesterb, direction along and with the Wast; line of the herein described tract and 1.406 acre tract, same being the East line of said 242 acre tract and said non - tangent curve to the right, having a delta angle of 13 deg. 08 min. 66 see., aradius distance of 1613.30 feet, a chord bearing of North 68 (leg, 12 min, 15 see. West, a chord distance of 369.42 feet and an are distance of 370.24 feet to a 5/8 inell iron rod with cap stamped =`WO.RTE, 011 MOE YORS" set for cornev and being the beginning of another non -tangent clirve, THENCE in a Northwesterly direction continiiing along and with the blest line of the, herein described tract and 1,405 acre tract, same being the East line of said 2.62 acre tract and said noxi -tangent curve to the right, having a delta angle of 3 (leg, 86 min, 08 see., a radius distance of 1237.39 feet, a chord bearing of North 50 deg, 02 train. 52 see. 'ATest, a chord distance of 7'7.42 feet and an are distance of 71.44 feet to the PLACE OF BEGINNING, containing 1.104 acre (48,103.84 square feet) of land, more or less, (This deacription is based upona surogy m-ade on the ground ander my dixed supervision oil. Jub, 1, 2015 and is being subm-itted along with a. sa-may plot sl ozoing the properly and facts foand as described herein, All bearings are based upon. the Texas Coordinate System. of 1983, Soull). Central Zone 142041 (US Survey foot). All distances and'oemagee arc surface with. a combined adjustmeatfactor Of 1.00007app7i.ed.) 4 Ist e, Ile (11 P r 0 �201 X x Seller Buyer 2014-088-01_Cl(y of Beatjmm1_D9scrip1fon.doox Approved by the Texas Real Estate Commission for Voluntary Use Texas law requires afi real estate licensees to give the following information about tom WAO OPPORTUNITINY brokerage services to prospective buyers, tenants, sellers and landlords. Information About Brokeracie Services Before working with a real estate broker, you should know that the duties of a broker depend on whom the broker represents. If you are a prospective seller or landlord (owner) or a prospective buyer or tenant (buyer), you should know that the broker who lists the property for sale or lease is the owner's agent. A broker who acts as a subagent represents the owner in cooperation with the listing broker. A broker who acts as a buyer's agent represents the buyer. A broker may act as an intermediary between the parties if the parties consent in writing. A broker can assist you in locating a property, preparing a contract or lease, or obtaining financing without representing you. A broker is obligated by law to treat you honestly. IF THE BROKER REPRESENTS THE OWNER: The broker becomes the owner's agent by entering into an agreement with the owner, usually through a written - listing agreement, or by agreeing to act as a subagent by accepting an offer of subagency from the listing broker. A subagent may work In a different real estate office. A listing broker or subagent can assist the buyer but does not represent the -buyer and must place the lfltdrests of the owner first. The buyer should not tell the owner's agent anything the buyer would not want the owner to know because an owner's agent must disclose to the owner any material information known to the agent. IF THE BROKER REPRESENTS THE BUYER: The broker becomes the buyer's agent by entering into an agreement to represent the buyer, usually through a written buyer representation agreement. A buyer's agent can assist the owner but does not rep the owner and must place the interests of the buyer first. The owner should not tell a buyer's agent anything the owner would not want the buyer to know because a buyer's agent must disclose to the buyer any material information known to the agent. IF THE BROKER ACTS AS AN INTERMEDIARY: A broker may act as an intermediary between the parties if the broker complies with The Texas Real Estate License Act. The broker must obtain the written consent of each party to the transaction to act as an Buyer, Seller,'Laffdlorid or Dingo Realty, LLC 10-10-11 intermediary. The written consent must state who will pay the broker and, in conspicuous. bold or underlined print, set forth the :broker's obligations as an intermediary. The broker is required to treat each party honestly and fairly and to comply with The Texas Real Estate License Act. A broker who acts as an intermediary in a transaction: (1) shall treat all parties honestly; (2) may not disclose that the owner will accept a price less than the asking price unless authorized in writing to do so by the owner; (3) may not disclose that the buyer will pay a price greater than the price submitted in a written offer unless authorized in writing to do so by the buyer; and (4) may not disclose any confidential information or any information that a party specifically instructs the broker in writing not to disclose unless authorized in writing to disclose the information or required to do so by The Texas Real Estate License Act or a court order or If the information materially relates to the condition of the property. With the parties' consent, a broker acting as an intermediary between the parties may appoint a person who Is licensed under The Texas Real Estate License Act and associated with the broker to communicate with and carry out instructions of one party and another person who is licensed under that Act and associated with the broker to communicate With and carry out instructions of the other party. It you choose to have a broker represent you, you should enter into a written agreement with the broker that clearly establishes the broker's obligations and your obligations, The agreement should state how and by whom the broker, will be paid. You have the right to choose the type of representation, it any, you wish to receive. Your payment of a fee to a broker does not necessarily establish that the broker represents you. If you have any questions regarding the duties and responsibilities of the broker, you should resolve those questions before proceedihg. asks tl�at you acknowledge receipt of this information about brokerage services for the licensees records. [Texas Real Estate Brokers and Salespersons are licensed and regulated by the Texas Real Estate Commission (TREQ). It you have a question or complaint regarding a real estate licensee, you should conlactTREG at P.O, Box 12188, Austin, Texas 78711-218B, 612-936-3000 (hitp://wmv.trec.texas.gov) regarding estate Y. h FREC No. OP -K (TAR -2501) 10-10-11 NAI'Whecler, 470 Orlemis Street, 12th Floor Beaumont, TX 77701 Pliono.,409-899-3300 Fax. 409-899-3301 Erica Goss Produced with Zip]ForfrOby z!pLoglx 08070 Fifteen Mile Road, Fraser, Michigan 46028 36nwt.zi� ix.com 1.104 AC on W. i Approved by the Texas Real Estate Commission for Voluntary Use Texas law requires all real estate licensees to give the following inforrhation about ORTUNITY brokerage services to prospective buyers, tenants, sellers and landlords. OPPi Information About Brokerage Services afore working with a real estate broker, you should know that the duties of a broker depend on whom the broker represents. If you are a prospective seller or landlord (owner) or a prospective buyer or tenant (buyer), you should know that the broker who lists the property for safe or lease is the owner's agent. A broker who acts as a subagent represents the owner in cooperation with the listing broker. A broker who acts as a buyer's agent represents the buyer. A broker may act as an intermediary between the parties if the parties consent in writing. A broker can assist you In loca"gi a property, preparing a contract or lease, or obtaining financing without representing you. A broker is obligated by law to treat you honestly. IF THE BROKER REPRESENTS THE OWNER: The broker becomes the owners agent by entering into an agreement with the owner, usually through a written - listing agreement, or by agreeing to act as a subagent by accepting an offer of subagency from the listing broker. A subagent may work in a different real estate office. A listing broker or subagent can assist the buyer but does not represent the buyer and must place the interests of the owner first. The buyer should not tell the owner's agent anything the buyer would not want the owner to know because an owner's agent must disclose to the owner any material Information known to the agent. IF THE BROKER REPRESENTS THE BUYER: The broker becomes the buyer's agent by entering Into an agreement to represent the buyer, usually through a written buyer representation agreement. A buyer's agent can assist the owner but does not represent the owner and must place the interests of the buyer first. The owner should not tell a buyers ag nt anything the owner would not want the buyer to know because a buyer's agent must disclose to the buyer any material information known to the agent. IF THE BROKER ACTS AS AN INTERMEDIARY: A broker may act as an intermediary between the parties if the broker complies with The Texas Real Estate License Act. The broker must obtain the written consent of each party to the transaction to act as an 10-10-11 B intermediary. The written consent must state who will pay the broker and, inconspicuous bold or underlined print, set forth the broker's obligations as an intermediary. The broker is required to treat each party honestly and fairly and to comply with The Texas Real Estate License Act. A broker who acts as an intermediary in a transaction: (i) shall treat all parties honestly; (2 may not disclose that the owner will accept a price �ess than the asking price unless authorized in writing to do so' by the owner; (3) may not disbiose that the buyer will pay a price greater than the Price submitted in a written offer unless authorized In writing to do so by the buyer; and (4) may not disclose any confidential information or any information that a party specifically instructs the broker in writing not to disclose unless authorized in writing to disclose the information or required to do so by The Texas Real Estate License Act or a court order or if the information materially relates to the condition of the property. With the parties' consent, a broker acting as an intermediary between the parties may appoint a person who is licensed under The Texas Real Estate License Act and associated with the broker to communicate with and carry out instructions of one party and another person who Is licensed under that Act and associated with ithe broker to communicate With and carry out instructions of the other party. if you choose to have a broker represent you, you should enter into a written agreement with the broker that clearly establishes the broker's obligations and your obligations. The agreement should state how and by whom the broker will be paid. You have the right to choose the type of representation, if any, you wish to receive. Your payment of, a fee to a broker does not necessarily establish that the broker represents you. If you have any questions; regarding the duties and responsibilities of the broker, you should resolve those questions before proceeding. Real estate licensee asks that you acknowledge receipt of this information about brokerage services for the licensee's records, Buyer, Seller, Landlord ar Tenant Date City of Beaumont Texas Real Estate Brokers and Salespersons are licensed and regulated by the Texas Real Estelle Commission (TREG). If you have a question or complaint regarding a real estate licensee, you should contactTREG at P.O. Box 12188, Austin, Texas 78711-2188, 512-936-3000 (http:/Avww.trao.tgxas.gov) rREG No. OP -K (TAR -2501) 10-10-11 NAI Wheeler, 470 Orleans Street, l2th Floor BeIlumont, TX 77701 Phone. -409-849-3300 Fax: 409-899-3301 Fdra Goss Produced with ZfpForfrO by 71PLogix 18070 Fifteen Milo Road, Fraser, Michigan 48026 WYAy.zipl-dgix.com i 1.104 AC on W. Beaumont, $our Lake &western Rallway company called 0.97 Acre Tract Volume 95, page 13 D.R.J.C. Houma Dollar Partners, L.L.C- Called 1.445 Acn, Tract C.F. No, 2o0g004639 Fence Post for Corner Beaumont Independent School Diablo' Called 6.996 Acre Tres' Volume 631, page 178 D.R.J.C- Foe, Wg' Iron Rod with cap stamped "WORTEOH SURVEYORS" c -VolUM10 ;Ipogg, Beaumont, Spur 1-2ko & Western Railway Company Called 2,62 Acre Tract Volume 24% Page 212 D.R.J.C. !r'lU4r�E1 E97 - Beaumont Independent School District Called 2' 632 Acre Tract Volume 631, P39P 177 O.mi.C. Survev&sar-lifleation loe undersigned does hereby Certify that this survey plot substantially complies with the current Texas Society ofProfo&sIonaI Surveyors Standards and Specifications for a Category IS, Urban Condition It survey made under my direct supervision an July 4, 2015, and -Is being submitted along with the -Surveyor's gold note dekilptlon-ofthe property shown hereon, which Iles In Jefferson County, Texas. OF + va lyre $UTL 01 25' 59 IOU �Scslw VI=501 Flood Zone In accordance With the Fedand Emergency Management Agency, Flood Insurance Rate Map: Community No.: 485451 Panel No: 0035 G Date of FIRM: August 6, 2002 This property Iles In Zone "X", Zone Ware, areas determined to be outside of the 600-yearilood plain. Location on map determined by scale on map. Actual field elevation not determined, WORTECH Land Surveyors. Inc. does not warrant nor subscribe to the accuracy or scale of said maps. Notes Learngs are based upon the Texas Coordinate System of 1983, South Central Zone 142041 (US Survey foot). All distances and acreages are surface with a combined adjustment factor of 1,00007 applied. 2. Boundary and Improvement survey only, no easements, If any, researched or shown with The exception of those plaited. 3. 6/6' Iran rads with caps stamped WORTECH SURVEYORS" have been set at comers marked 0 unless otherwise noted, 4. This survey was performed for the benefit of the City of Beaumont. 6t , 1P"' Fad, slao' Iron Rod QIWc3p �stamp with cap stamped :-t, .WORTECH SURVEYORS' Curve Table lCurve lAre length Morgue I Delta Angle I Chord Searing I Chord Lonqlh JCI— 1343.08' 11513.36, 112-5922- IS 65-66'17- E 1341341 102 1370.Z4' 11513.30- lia-aa,lis- I N 63 -ITT V W 369.4Z [C3 .. 177.44! 11237.39- .13-3506" 1N50-0ZWW i 9