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HomeMy WebLinkAboutRES 23-294RESOLUTION NO. 23-294 BE IT RESOLVED BY THE CITY COUNCIL OF T14E CITY OF BEAUMONT: THAT the City Manages• be and he is hereby authorized to enter into an Earnest Money Contract purchase two (2) tracts of land from Mount Gilead Missionary Baptist Church in the amount of $35,963.14 to improve sludge removal at the Beaumont Surface Water Treatment Plant located at 1550 Pine Street; and, THAT the two (2) property tracts are identified as being a 0.4127-acre tract situated in the James Drake Survey, Abstract No. 18, and a 0.1377-acre tract being all of the East 10' of Lot 2 and all of Lot 3, Block 7 of the North Addition; and, THAT the City will deposit $700.00 as earnest money to Texas Regional Title. If the City terminates the earnest money contract, $100 of the earnest money will be refunded back to the City. The date of closing will be on or before October 31, 2023. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of October, 2023. mow v- 0 - Mfayor Royt West - TIEMSA IRU R" COMMERCIAL CONTRACT" - UNIMPROVED PROPERTY USE OF THIS FORM DY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS®, INC. IS NOT AUTHORIZED, Woxaa Aasaclalran of REALTOliSO, Ino, 2022 1. PARTIES: Seiler agrees to sell and convey to Buyer the Property described In Paragraph 2, Buyer agrees to buy the Property from Seller for the safes price stated In Paragraph 3. The parties to this contract are: Seiler: Mount Gilead Missionary Baptist Church Address: 710 li-i 10 Beaumont TX 77701 Phone: E-mail: Mobile: (409)651 4992 Fax or Other: Buyer: CltV Of Beaumont Texas Address: 801 Vlain Street Sulte 200 Seaumont TX 77709 Phone: (409)880»2725 E-mail: Antolnette,hiardy@BeaumontTexas.l ov Mobile: Fax or Other: 2. PROPERTY. A. "Property" means that real property situated in Jefferson County, Texas at 1716 Pine Street Beaumont, Texas (address) and that Is legally described on the attached Exhibit or as follows: See Exhibit A - Metes and Bounds See Exhibit B - Survey B, Seller will sell and convey the Property together with: (1) all rights, privileges, and appurtenances pertalning to the Property, Including Seller's right, title, and interest In any i7111i�YZC15, 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, reservatlons, or restrictions In Paragraph 12 or an addendum.) (Ifm/nerol rights are to be reserved an appropriate addendum should be attached,) 3, SALES PRICE: A. At or before closing, Buyer will pay the following sales price for the Property: (1) Cash portion payable by Buyer at closing . . . . . .... . . . ............ $ 35 963.14 (2) Sum of all financing described In Paragraph 4 ... , ... , , ... I - .... , . $ (3) Sales price (sum of 3A(1) and 3A(2)) . ...... . . ... . .......... . ... $ 35,963.14 (TXR-1802) 07-08-22 Initiated for Identliicatlon by Seiler �'f ��T� and 13llyer Page 1 of 16 J,14i,plrwlltConklsnny,'ISONakIEIIIIIISIi'SCrI1CM11lak011I'I'X7770x Phano:.I9989,t Q00 Fox!40841301J llaunrcilrad J, 61B1011 1W)IIlr, Stott Producod vdih Lana Waft Tronsncllons tzlprarm Edillonj W N Hakvrnad St, Sulln 220n, Dnllas, TX 7620r LY15 1r WLCam Commercial Contract- Unimproved Property concerning 171a Dine Street Beau inont, 'fO=_T....._ B. Adjustment to Sales Price: (Check (1) or (2) only.) X (1) The sales price will not be adjusted based on a survey. (2) The sales price will be adjusted based on the latest survey obtained under Paragraph 6B. a The sales price is calculated on the basis of $ (1) square foot of[] total area []net area. (11) acre of ❑ total area ❑ net area. (b) "Total area" means all land area within the perimeter means total area less any area of the Property within: (1) public roadways; (11) rights -of -way and easements other than those that Property; and ❑ (111) per: boundaries of the Property. "Net area" directly provide utility services to the (c) If the sales price Is adjusted by more than % of the stated sales price, either party may terminate this contract by providing written notlee 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 udder Paragraph 3A(2) as follows: ❑ A. Third Party Financing: One or more third party loans in the total amount of $ This contract: (1) Is not contingent upon Buyer obtaining third party financing. (2) Is contingent upon Buyer obtaining third party financing in accordance with the attached Commercial Contract Financing Addendum (TXR-1931). ❑ B. ss tl : In accordance with the attached Commercial Contract Financing Addendum (TXR-1931), Buyer will assume the exlsting promissory note secured by the Property, which balance at closing will be $ ❑ C. Se e - F' c : Buyer will deliver a promissory note and deed of trust to Seller under the terms of the attached Commercial Contract Financing Addendum (TXR-1931) in the amount of $ 6. EARNEST MONEY: A. Not later than 3 days after the effective date, Buyer must deposit $ $700.00 as earnest moneywlth Texas Regional Title Company (title company) at 7675 Folsom Drive # 100 (address) Erica Goss (closer). If Buyer falls 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: (1) days after Buyer's right to terminate under Paragraph 7B expires; or 01) Buyer will be In default If Buyer fails 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. (TXR-1802) 07-08-22 Initialed for Identification by Seller Y YIIi�,- and Buyer_ ---,_Page 2 of 16 J.AI.PNMlIIC071111AILY,75OHarill I111ifteeiIIenon1a3drX77702 Mop:4096778000 Faa;.149A973044 pJou,d(llieAd J. Bllllaa Pro lll, S Ion Praducod wI111 Lone Wolf Pansacllans (r.IpFotln 12010n) 717 H HpAyood 81, Suile 2200, Dallu�, TX 767.01 malwolisom Commercial Contract- Unimproved Property concerning , rnScaa -- 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. G, TITLE POLICY AND SURVEY. A. Title Policy: (1) Seller, at Sellers expanse, will furnish Buyer an Ownor'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: ❑ii (a) ,wlll not be amended or deleted from the title policy. (b) will be amended to read "shortages in areas" at the expense af❑ Buyer ❑ Seller. (3) Within days after the effective date, Seller will furnish Buyer a commitment for title Insurance (ihe commitment) Including legible copies of recorded documents evidencing title exceptions, Seller authorizes the title company to deliver the commitment and related documents to Buyer at Buyer's address, B, Surve : Within 3 days after the effective date: 0 (1) Buyer will obtain a survey of the Property at Buyer's expense and deliver a copy of the survey to Seiler. The survey must be made in accordance with the: (1) AL.TAMSPS Land Title Survey standards, or (€i) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. Seller will reimburse Buyer (Insert amount) of the cost of the survey at closing, if closing occurs. ❑ (2) Seiler, at Seller's expense, will furnish Guyer a survey of the Property dated after the effective date. The survey must be made In accordance with the: (1) ALTAMSPS Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the approprlate 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 ❑ Buyer (updating party), will, at the updating party's expense, obtain a new or updated survey acceptable to the title company and deliver the acceptable survey to the other party arrd the title company within 30 days after the title company notifies the parties that the existing survey Is not acceptable to the title company. The closing date will be extended dally up to 30 days if necessary for the updating party to deliver an acceptable survey within the time required. The other party will reimburse the updating party (Insert amount or percentage) 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 10 days after Buyer receives the last of 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 (TXR-1802) 07-08-22 Initialed for Identlilcation by Seller and Buyer Page a of 16 1M.Prorllt7hmpniLy,70Norlhllti, Street llcnummITX777a1 PhanD!40 M(10 r6m:40769,23044 �IouatGl€ead J. htltt6n krovIll, A1011 Pfoducad Wth Iona W61f Trarlsndlons (ZIPFOan 0110n)717 N Harwood SI, Sullo 2200, Galles, TX 76201 1UY I,volfeem Commerclal Contract - Unlmprovad Properly concerning satisfy at closing or Buyer will assume at closing; or (b) the Items show that any part of the Property Iles in a special flood hazard area (an "Ar' or "V" zone as defined by 1;EMA). If the commitment or survey is revised or any new document evidencing a title exception Is delivered, Buyer may object In writing to any now matter revealed In such revision or now document. Buyer's objection must be made within -the same number of days stated In this paragraph, beginning when the revision or new document Is delivered to Buyer. If Paragraph 613(1) applies, Buyer Is deemed to recelve the survey on the earlier of: (I) the date Buyer actually receives the survey; or (!I) of the deadline specified in Paragraph 6B. (2) Seller may, but Is not obligated to, cure Buyer's timely objections within 10 days after Seller receives the objections, The closing date will be extended as necessary to provide such time to cure the objections, If Seller falls to cure the objections by the time required, Buyer may terminate this contract by providing written notice to Seller within 6 days after the time by which Seller must cure the objections, If Buyer terminates, the earnest money, less any independent consideration under Paragraph 7B(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: "As is where is." 8. Eeasibility__p'eriod: Buyer may terminate this contract for any reason within 0 days after the effective date (feasibility period) by providing Seller written notice of terminatlon. (1) Independent Consideration. (Check only one box and Inset# amounts.) ® (a) If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer less $ 100.00 that Seiler 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 6A to the title company. The independent consideration Is to be credited to the sales price only upon closing of the sale, If no dollar amountIs stated In this Paragraph 7B 1 or If Buyel, fails to deposit the earnest money, Buyer Will not have the right to termiDate under this Par 6ph 7B. ❑ (b) Not later than 3 days after the effective date, Buyer must pay .$ as Independent consideration for Buyer's right to terminate by tendering such amount to the title company. Buyer authorizes escrow agent to release and deliver the Independent consideration to Seller at any time upon Seller's request without further notice to or consent from Buyer. if Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer and Seller will retain the independent considerat€on. The Independent consideration will be credited to the sales price only upon closing of the sale, If no dolls a aunt is stated In this Paragraph ❑ (2) reasibiiity Period Extension: Prior to the expiration of the initial feasibility period, Buyer may extend the feasibility period for a single additional period of days by delivering $ to the title company as additional earnest money, (a) $ of the additional earnest money will be retained by Seller as additional independent consideration for Buyer's unrestricted right to terminate, but will be credited to the (TXR-1802) 07-08-22 Initialed for Identificatloh by Seller& _ and Buyer , Page 4 of 16 J.d1. rrtwltl Ccaapiur, 750 NorlIt 111h $Ired Btnunlmtl'M 77701 Mono; .1098923000 rail: J"9923019 hluu"1 Cliend J. plllfoo Preirlli, 8101R Producodwiih Wab Wolf Tranenellono (zlpFoml rdillon) 717 N Harwood 81, 81JR02200, 000s, TX 7620 MVIVAC001 Commercial Contract - Unimproved Property concerning �79 ti Pl>traet E3s3auriiol}t, rexa9 sales price only upon closing of the sale. If Buyer terminates under this Paragraph 7B, the additional earnest money will be refunded to Buyer and Seller will retain the additional Independent consideration. (b) Buyer authorizes escrow agent to release and deliver to Seller the following at any time upon Seller's request without further notice to or consent from Buyer: (1) The additional independent consideration. (11) Checl( no boxes or only one box.) L] all or ❑ $ of the remaining portion of the additional earnest money, which will be refunded to Buyer If Buyer terminates under this Paragraph 713 or if Seller defaults under this contract. If no dollar amount Is stated In his Paragraph 7B 2 s onal earnest money oLg—s--additional Independent consideration, or If Buyer s to timely deliver the additional earnest money, the pxtenslon of the feasibility periodl effective, C, Inspections. Studies, or_ s essMents: (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) ablde by any reasonable entry rules or requirements of Seller; (d) not intorfere 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 completed, (3) Except for those matters that arise from the negligence of Seller 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 Seller's agents against any claim Involving a matter for which Buyer Is responsible under this paragraph. This paragraph survives termination of this contract, D. Property nformation: (1) Delivery of Property lnformatiort: Within 6 days after the effective date, Seller will deliver to Buyer the following to the extent in Seller's possession or control: (Check all that apply) ❑ (a) copies of all current leases, including any mineral leases, pertaining to the Property, Including any modifications, supplements, or amendments to the leases; ❑ (b) copies of all notes and deeds of trust against the Property that Buyer will assume or that Seller Al not pay in full on or before closing; ® (c) copies of all pi-evlous environmental assessments, geotechnical reports, studies, or analyses made on or relating to the Property; (d) copies property tax statements for the Property for the previous 2 calendar years; (a) plats of the Property; (f) copies of current utility capacity letters from the Property's water acid sewer service provider; and Q (g) (TXR-1802) 07-06 22 initialed for Identi(iaation by 5ellerkI and Buyer. Pag6 6 of'16 MI. 1'rovillCvmpnq,7SONarllttllit SlrftlJ3rnuntoM'rX77702 P1tonq:409AM000 Fax:d04A9230JJ Minnt011od .i. Mllton 1'rr OU' Slott Noducadwllll Lone WolfTtansnclions (xlffonn Uillon) 717 N Hafmod 81, Sulin 2200, Dallas, TX 76201 m&EEVQ1LS9IIi Commercial Contract- Unimproved Property concerning 71fi Plijo Strnot Beat inzn3,t. Texas (2) Return of ro ert Informat1a ; If this contract terminates for any reason, Buyer will, not later than 10 days after the termination date: (Check all that apply,) (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; X (b) delete or destroy all electronic versions of those items described In Paragraph 7D(1) that Seller delivered to Buyer or Buyer copied In any format; and ® (c) deliver to Seller 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 Operations: 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 disposo 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 213 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 Buyor'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 fallure by Seller to comply with Seller's obligations under the leases; (2) any circumstances under any 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; (4) any concessions,, bonuses, free tents, rebates, brokerage commissions, or other matters that affect any lease; and (6) 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 days after the effective date, Seller will deliver to Buyer estoppel certificates signed not earlier than by each tenant that leases space In the Property. The estoppel certificates must include the certifications contained In the current version of TXR Form 1938 K 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. :f' (TXR-1802) 07.08-22 initialed for Ide.itlllcatloh by Seller '`VVyj; alio Buyer Page 0 of 16 JIMI`retvlliCotnpmty,730NordtllIII Sind 13ceemonl7X7370E Ma,d09e923000 Fax;4DO03044 hiamtlGNAd J. hilllan 1'rctrill,Sr013 Produced %Y11h Lono Wolf Transacg00 tzlprofm FdWnj 717 N Henvool 61, Buda 2200, Uellns, TX 76201 yzpv Woll.com Commerclal Contract- Unimproved Property concerning 1?Ine street t3eaun>t, Tr�xrls 9. 13ROKCRS: A. The brokers to this sale are: Principal Broker, J. M. Pr•ewitt Company Cooperating Broker: Agent: Raymond J. l3etinaud Sr Agent: _ Address: 760 North 11th Street Address: Phone & Fax: 409 702-1G30 Phone & Fax: ! -mall: rayniond(Mlinorewitt.com E-mail: License No.: 749406 License No.: Principal Broker. (Check only one box) Cooperating Broker represents Buyer. X represents Seller only. represents Buyer only. Is an intermediary between Seller and Buyer. B. ees: (Check only (1) or (2) below.) (Complete the Agreement Between Brokers on page 14 only If (1) Is selected,) Q (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 tho fee specified In the Agreement Between Brokers found below the parties' signatures to this contract. ❑ (2) At the closing of this sale, Seller will pay: Principal Broker a total cash fee of; H % of the sales price, Cooperating Broker a total cash fee of: H- % of the sales price. The cash fees will be paid in Jefferson County, 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 of the brokers affected by the amendment. 10. CLOSING: A, The date of the closing of the sale (closing date) will be on or before the later of, 0) days after the expiration of the feasibility period. H Octobor 31 2023 (speclflc date). (2) 7 days after objections made under Paragraph 6C have been cured or waived. B. If either party fails to close by the closing date, the non -.defaulting party may exercise the remedies in Paragraph 15. (TXR-1802) 07-08-22 Inlllaled for Identification by Seller `ff and Buyer , Page 7 of 16 I'm yeenlB cmalsnny, 7sO forih i l ill Sireel llcnummnt IN 77701 Kom 4096923000 r0K: 093923044 Afamil offend d. Akllto3i Prewln,$lolt Produced wilts Lona Wolf iransacllons (zlpFomi tiditfon)717 N Hanvood 61, Stvita 2200, Dallas, 7X 76201 wmy hvaj= Commercial Contract - Unimproved Property concerning 47'Iti Pin!a SStM.Gt C3eaI MMIt, 'rOXal3 C. At closing, Seller will execute and deliver, at Seller's expense, a ❑X general [] 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 1s legally capable and authorized to bind Seller; (5) an affidavit acceptable to the title company stating that Seller Is not R foreign person or, if Seller Is a foreign person, a written authorization for the title company to; (1) withhold from Seller's proceeds an LaMoUnt sufficient to comply with applicable tax law; and (ii) deliver the amount to the Internal Revenue Service (IRS) together with appropriate tax forms; and (6) any notices, statements, certlfioates, 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 recessary. 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 sendlo 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, certifloates, or other documents required by this contract or law 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 cidsing 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. 12. SPECIAL PROVISIONS: The following special provisions apply and will control In the event of a bonflict with other provisions of this contract, (If speclat provisions are contained In on Addondum, Identify the Addendum here and reference the Addendum In Paragraph 22D.) (TXR-1802) 07-08.22 Initialed for Identification by Seller and Buyer Page 8 of 16 d.A,,Preivlii Collynny.750NOVIltIfiltslrcct11cou111enlTX77102 phone:.1043923000 rex;4098923044 NIM1111011[nd 3, plllmi Prctrill, Slob Noducad%MM Lone Wolf Tronsacllons (alpFolni Edition) 717 N Hnnvood 81, Sulla 2200, Dallas, TX 75201 symylynlLcom Commorclat Contract- Unimproved Property concerning 17lti t�il�e SElec�t t3l�aufnnllt,Qxas 13. SAFES EXPENSES: A. Seller's Expenses: Seiler 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 cealficates; (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. Buyerlp E> a rases: 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, rorations: (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 B� Ypr 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 Bayer at closing and Buyer will reimburse such amounts to Seller by an appropriate adjustment at closing. B. Rollback Taxes: If Seller's use or change In use of the Property before closing 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 1.4B 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 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 14C survives closing. 1G. DEFAULT: A, if Buyer falls to comply with this contract, Buyer Is in default and Seiler, as Seller's sole romedy(ies), may terminate this contract and receive the earnest money, as liquidated damages for Buyer's failure (TXR-1802) 07-08-22 Initialed for Identifleatlon by seller �' and Buyer Page 9 of 16 3,(51, Presrllt Conyiany, 750 Rarih l i E_h SI reef 11oainaoal'I877702 Phono: d49d9 im Fnxt • 009 301J AI01I,11 0IICA41 I Atllton ProOlt, S101t Producedwllh LOAD Walf Transacllans (zlpFoim Cdilfon) 717 N Natwood St, Sulle 2200, palms, TX 76201 NWAV I V611 wm C❑mmorclal Contract - Unimproved Properly concerning •i 740 rind S r et >n eAumnnt Texas 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) ❑ 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 falls 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 713(j), as liquidated damages and as Buyer's sole remedy; or (2) enforce specific performance, or seep such other relief as may be provided by law, or both. 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 713(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, 17. ATTORNEY'S t=EES: If Brayer, Seller, any broker, or the title company is a prevailing party in any legal proceeding brought under or with relation to this contract or this transaction, such party is entitled to recover from the non -prevailing parties all costs of such proceeding and reasonable attorney's fees, This Paragraph 17 survives termination of this contract. 18. ESCROW; A. At closing, the earliest 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 panty receiving the earnest money and the title company may pay the same to the creditors. C. The title company will deduct any Independent consideration under Paragraph 713(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 15, each party hereby releases the title company from all claims related to the disbursal of the earnest money, E, Notices under this Paragraph 16 must be sent by certified mail, return receipt requested. Notices to the title company are effective upon receipt by the title company. (TXR-1802) 07-08-22 Initialed for Identllicatlon by 8elier• and Buyer_,_Page 10 of 16 d,Af,Pra,vtilL'onipmry,iS4Nar1111nhSrrul�inumari'yX77702 Pliana:'4096p23000 Fox:409013044 Mount011ond 3, nlutou sren•na slglt Produced %Y11h Lono wall Transecllons (OpForm Editlon) 717 N Itanyood St, Suite 2200, Dallas, TX 76201 35=hvolf com Commercial Contract, Unimproved Property concerning 1711S Plum Street I3oflulnant Texas P. Any party who wrongfully falls 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: (1) damages; (I1) the earnest money; (111) reasonable attorney's fees; and (iv) all costs of suit. G. ❑ Seller ❑ 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 pald 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 ekoharige 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. 19. MATERIAL FACTS: To the best of Seller's. knowledge and belief: (Check only one box.) ❑ A. Seller is not aware of any material defects to the Property except as stated in the attached Commercial Property Condition Statement (TXR-1408), ® B. Except as otherwise provided In this contract, Seller is not aware of: (1) any Subsurface: structures, pits, waste, springs, or Improvements; (2) any pending or threatened litigation, condemnation, or assessment affecting the Property; (3) any environmental hazards or cbnditions that materially affect the Property; (4) whether the Property is or has been used for the storage or disposal of hazardous materials or toxic waste, a dump .sits or landfill, or any underground tanks. or containers; (6) whether radon, asbestos containing materials, urea -formaldehyde foam insulation, lead -based paint, toxic mold (to the extent that it adversely affects the health of ordinary occupants), or other pollutants or contaminants of any nature now exist or ever existed on the Property; (6) any wetlands, as defined by federal or state law or regulation, on the Property; (7) any threatened or endangered species or their habitat on the Property; (8) any present or past infestation of wood -destroying insects In the Property's improvements; (0) any contemplated material changes to the Property or surrounding area that would materially and detrimentally affect the ordinary use of the Property; (10) any condition on the Property that violates any law or ordinance. (Describe any exceptions to (f)-(I0) In Paragraph 12 or an addendum.) 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, sent by a national or regional overnight delivery service that provides a delivery receipt, or sent by confirmed facsimile trehsmisslon 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. n] A. Seller also consents to receive any notices by e-mail at Seller's e-mail address stated In Paragraph 1. K B, Buyer also consents to receive any notices by e-mail at Buyer's email address stated In Paragraph 1. 21. U18PUTE RESOLUTION: The parties agree to negotiate In good faith In an effort to resolve any dispute related to this contract that may arise, If the dispute cannot be resolved by negotiation, the parties will subrtrit the dispute to mediation before resorting to arbitration or litigation and will equally share the costs of a mutually acceptable mediator. This paragraph survives termination of this contract. This paragraph does not preclude :a party from seel<Ing equitable relief from a court of competent jurisdiction. 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 of Oondition of this contract shall be held to be invalid or unenforceable, the remainder of this (TXR-1802) 07-08,22 Inftialed for Identiflcatlon by Seiler%"! , and 13uyor Pago '11 of 15 3N. Prctr#it Campnoy, 750 Norllr 1111i 5trcei Denunr0nt TX 77702 ' Phone; -109�927000 rax: d09892d0d4 hloulsl Gliend ,1, ldllion Prcrrllt, 5TOR Produced wish Lone Woll TrertsedIGns (zipf of n Gditlon) 717 N Harwood 81, Suile 2200, Debi, TX 76201 pnvw.hW f= Comltnercial Contract- Unimproved Properly concerning 1 711; I?jjm Sjtoot Beawnnn4.'(Oxon contract shall not be affected thereby. All Individuals signing represent that they have the authority to sign on behalf of and bind the party for whom they are signing. 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, D. Addenda which are part of this contract are: (Check at/ that apply.) X (1) Property Description Exhibit identified in Paragraph 2; (2) Commercial Contract Financing Addendum (TXR-1931), (3) Coinmerclal Property Condition Statement (TXR-1408); (4) Commercial Contract Addendum for Special Provisions (TXR-1940); (6) Notice to Purchaser of Real Property in a Water District (MUD); (6) Addendum for Coastal Area Property (TXR-1916); (7) Addendum for Property Located Seaward of the Gulf lntracQastal Waterway (TXR-1916); )( (8) Information About Brokerage Services (TXR-2501); (9) Information About Mineral Clauses in Contract Forms (TXR-2509); (10) Notice of Obligation to Pay Improvement District Assessment (TXR-1955, PID); and X (11) Jefferson County Drainage District 6 Notice to Purchaser, Addendum for Reservation of Oil Gas and other Minerals (Note: Counsel for Texas REALTORSO has determined that any of the foregoing addenda which are promulgated by the Texas Reel Estate Comrnlsslon (TREC) orpublished by Texas REALTORS@ are appropflate.foruse with this form.) E. Buyer ® may ❑ may not assign this contract, If Buyer as§igns 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 last day to perform under a provision of this contract falls on a Saturday, Sunday, or federal reserve bank holiday, the time for performance is extended until the end of the next day which is not a Saturday, Sunday, or federal reserve bank holiday. 24. IyFWECTiVE 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 lndebtedhess, 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 required to pay before you can receive water or sewer service. There may be a period required to construct lines or other facllities necessary to provide water or sewer service to your property, You are advised to detei'mine 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 (TXR-1002) 67-08-22 Initialed for Identiiicatlon by Sailer? f % and 5uyer Page 12 of 16 J.fil,PrepiucompvyowNorthltllismallenulnoel'i'X17702 Mono;.1A9697700e FarAe48923044 Afminlf:llrnd J. millon pewltf, Slplt Nodueed0th Lono Wolf Tlonsecllons (zlffpml Hillon) 717 N lianvaod fit, 8tulla 2200, Deltas, TX 76201 twy. koll.com Commercial Contract- Unimproved Property concerning -130aul"Ont, Texas -- 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 thn Texas Natural Resources Code requires a notice regarding coastal area property to be Included as part of this contract (the Addendum for Coastal Area Property (TXR-1915) may be used). 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 (the Addendum for Property Located Seaward of the Gulf Intracoastal Waterway (TXR4916) may be used). F, if the Property is located outside the Ilrnits 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 annexatlon 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. H, NOTICE OF WATER LEVEL FLUCTUATIONS: If the Property adjoins an Impoundment of water, including a reservoir or lane, constructed and maintained under Chapter 11, Water Code, that has a storage capacity of at least 5,000 acre-feet at the impoundment's normal operating level, Seller hereby notifies Buyer: The water level of the Impoundment of water adjoining the property fluctuates for various reasons, including as a result of; (1) an entity lawfully exercising its right to use the water stored In the Impoundment, or (2) drought or flood conditions." I. PUBLIC IMPROVEMENT DISTRICTS: If the Property is Ina public improvement district, Seller Is required by §5,W4, Property Code to give Buyer a written notice concerning the obligation to pay assessments. The form of the required notice is available as a pant of the Notice of Obligation to Pay Improvement District Assessment (TXR-1955). J. LICENSE party to a the IicenS e trustee or beneficiary, applicable: HOLDER DISCLOSURE; Texas law requires a real estate license holder who is a transaction or acting on behalf of a spouse, parent, child, business entity In which holder owns more than 1,0%, or a trust for which the license holder acts as a of which the Ilcense holder or the license holder's spouse, parent or child is .a to notify the other party In wrlting before entering Into a contract of sale. Disclose If �6. CONTRACT AS OFFER: The execution of this contract by the first party constitutes an offer to buy or sell the Property: Unless the other party accepts 'the offer by 5:00 p.m., In the time zone in which the Property Is located, on October* 11, 2023 , the offer will lapse and become null and void, (TXR-1302) 07-08-22 Initialed for Identlflcatlon by Seiler ri and Buyer_,_Page 13 of 16 JAL Prnrili compmry, 750 Morlh I lllh5ireN nrnum6J1I TX*77751 Phopo: d09691;0oo Fax: 4098027D4 bloom 011CAd d, hillion Preuili, SIOR Ploducod Solar Lono Wolf Transacllons (Affon rdillnn) M N Harwood Sl, StellaMO, Dallas, TX 76201 MM1%tro1f.00m �6. CONTRACT AS OFFER: The execution of this contract by the first party constitutes an offer to buy or sell the Property: Unless the other party accepts 'the offer by 5:00 p.m., In the time zone in which the Property Is located, on October* 11, 2023 , the offer will lapse and become null and void, (TXR-1302) 07-08-22 Initialed for Identlflcatlon by Seiler ri and Buyer_,_Page 13 of 16 JAL Prnrili compmry, 750 Morlh I lllh5ireN nrnum6J1I TX*77751 Phopo: d09691;0oo Fax: 4098027D4 bloom 011CAd d, hillion Preuili, SIOR Ploducod Solar Lono Wolf Transacllons (Affon rdillnn) M N Harwood Sl, StellaMO, Dallas, TX 76201 MM1%tro1f.00m Commercial Contract •• Unimproved Properly concerning , 7.16 Pine Street Beaumont. Texas READ THIS CONTRACT 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: 13uyer:City Of l3eanln io�nt, Texas By: Dernadetto Nei 6 By: By (signature);,/ { . , i.•. / t, w— Panted Name; Title: Trustee By: Johnnle Stewart By: By (signature): ` C I Printed Nam Title: Trustee By (signature): Printed Name: Kenneth R. Williahle Title: City Mangler By (signature): Printed Name: Title: (TXR-4802) 07-08-22 Page 94 of 16 J,6l,Pawlllcamllif3•i759NorillIIIII Sire -et llsnwmoalTX?770a Phone:4099923000 Fox:40957239•I4 Mown Mead J. billion Prowhl, Sion Produced wllh Lana Wolf Transacltons (zlpromi COW) W N Hanvood'SI, Solt© 720©,'pallna, TX 75201Y=bw1com Commercial Contract -Unimproved Property concerning i Pjjja-,%rPot Beaumont, Texas AOREGMENT BETWEEN BROKERS (use only If Paragraph 08(7) Is affective) Principal Broker agrees to pay (Cooperating Broker) a fee Who 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: Phone & Fax: Phone & Fax: F-mail: E-fnail: Seller's attorney requests copies of documents, Buyer`s attorney requests copies of documents, notices, and other Information: notices, and other information: Hthe.title company sends to Seller. the title company sends to Buyer. Buyer sends to Seiler. Seller sends to Buyer. ESCROW RECEIPT The title company acknowledges receipt of: HA. the contract on this day B, earnest money in the amount of $ on Title company: Texas Regional Title Company By: Assigned life number (OFit): (effective date), In the form of Address: 7676 Volsom Drive Duildingi 100 Beaumont TX 77706 Phone & Fax: G4091861-7300 (TXR-1802) 07-08-22 PAW Page 16 of 15 J.A1.MITI11con1Pn1gS750Not III ]JOISIrM lfcattmonfU77702 Phone:.i099913000 rm4098973044 itfuniklGilcAd J.11IIIren PhIVIIl, S101% Producadtyli[i Lono woirT[aasnellons (xlpi:o" Edillon) 7t7 N Harvlond SI, Su(lo 220D, Dallos, TX 75201 1' "Y A-101co 3 TRACT Legal Description: 0.4127 Acre Tract or Parcel of Land James Drake Survey, Abstract No. 18 Beaumont, Jefferson County, Texas BEING a 0.4127 acre tract or parcel of land situated in the James Drake Survey, Abstract No. 18, Jefferson County, Texas and being out of and part of that certain called one acre tract of land as described in a deed from William McFaddin to James Zapp as recorded in Volume Z, Page 296, Deed Records, Jefferson County, Texas, and being all of those certain 3 tracts known as Tracts 35, 37 and 38, City Plat V of the James Drake Survey and being all of that certain tract of land as described in a "General Warranty Deed" from Lillie Mae Frazier to Mt. Gilead Missionary Baptist Church as recorded in Clerk's File No. 94-9405149, Official Public Records of Real Property, Jefferson County, Texas and being all of that certain tract of land identified as Lots Thirty -Five (35) and Thirty -Seven (37) in Tract V of the City Plats as described in a "Warranty Deed" from L.J, Nunnally to Mount Gilead Missionary Baptist Church as recorded in Clerk's File No. 94- 9405928, Official Public Records of Real Property, Jefferson County, Texas and being all of that certain tract of land as described ur a "Special Warranty Deed" from L.J. Nunnally to Mount Gilead Missionary Baptist Church as recorded in Clerk's File No. 94-9405929, OfficialPublic Records of Real Property, Jefferson County, Texas, said 0.4127 acre tract being more particularly described as follows; NOTE; All bearings are referenced to the Texas State Plane Coordinate System South Cenh,al Zone NAD83 (2011). All acreages and distances are surface. All set 518" iron rods set with caps stamped "WHITELEY", BEGINNING at a I/2" iron pipe found for theNortheast corner of the tract herein described, said corner also being the Northeast corner of the above referenced Lot Thirty -Five (35) and the Northeast corner of the said Tract 35 and being the Southeast corner of that certain called 3.209 acre tract of land as described in a "Deed Without Warranty" from the City of Beaumont to Magnolia Cemetery Company as recorded in Clerk's File No.1999037134, Official Public Records of Real Property, Jefferson County, Texas and being in the Westerly fight -of -way line of Pine Street; THENCE SOUTH 13003' 16" EAST, along and with the Westerly right-of-way line of Pine Street, for a distance of 93.76 feet to a "MAG" nail set in an asphalt driveway for corner, said corner being the Southeast corner of the said Lot Thirty -Five (35), the same being the Southeast corner of the said Tract 35; THENCE SOUTH 88"28'32" WEST, along and with the North he of a called 12 feet wide alley, the same being the South line of the said Tracts 35, 37 and 38, for a distance of 204.73 feet to a 5/8" iron rod set for comer, said corner being the Southwest corner of the said Tract 38; THENCE NORTH 13"00'23" WEST, along and with the Westerly line of the said Tract 38, passing at a distance of 53.04 feet a 5/8" iron rod set for the Northeast corner of Lot 3, Block 7 of the North Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 4, Page 151, Map Records, Jefferson County, Texas, and continuing for a total distance of 95.51 feet to a 5/8" iron rod set for corner, said corner being the I i'll]TE1 EY INFRASTRUCTURE GROUP Northwest corner of the said Tract 38 and said corner being in the South line of the said 3.209 acre Magnolia Cemetery Company tract and said corner bears NORTH 86°1 V59" EAST a distance of 143.65 feet from a 1" iron pipe found for the Southwest corner of the said 3.209 acre Magnolia Cemetery Company tract; THENCE NORTH 8601l'59" EAST, along and with the boundary between the tract herein described and the South lime of the said 3,209 acre Magnolia Cemetery Company tract, the same being the North line of the said Tracts 38, 37 and 35, for a distance of 203.17 feet to the FOOT Or BEGINNING and containing 0.4127 Acres, more or less. TRACT H BEING a 0.1377 acre tract or parcel of land being all of the East Ten Feet of Lot 2 and all of Lot 3, Block 7 of the North Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 4, Page 151, Map Records, Jefferson County, Texas, the same being all of that certain tract of land being called the East Forty Feet (E. 40') of Lot No. Three (3), Block No. Seven (7) of the North Addition to the City of Beaumont, Jefferson County, Texas as described in a "General Warranty Deed" from Bessie M. Knighton to Mt. Gilead Missionary Baptist Church as recorded in Clerk's File No. 94-9410227, Official Public Records of Real Property, Jefferson County, Texas and being all of that certain tract of land being called the East Ten Feet of Lot Two (E. 10' of 2) and the West Ten Feet of Lot Three (W. 10' of 3) in Block Seven (7) of theNorth Additionto the City of Beaumont, Jefferson County, Texas as described in a "Deed ,Without Warranty" from Leo Lane to Mount Gilead Baptist Church as recorded in Cleric's File No. 98-9802820, Official Public Records of Real Property, Jefferson County, Texas. 1Y;12€121521-14 32123-1432 m&b.40 ox Pa e2of2 W11171s'LEY INFRAURUCTURE GROUP fI , aid fill �� ��� illl d•�i �1� a�i$it bI { anx it sk vr • •nvsu t �7� a fill,$ija 53 l y gg All !_ rI k •f ' sib !! iNil ia f# ; +f#�Ij i °• a gA�IIIy1�N3 !' a$j49�' i; f tI$'i)))l��i $�•i �! t 1$ a a� i (,a + as �'','A . •e a #ii # all #� ,,dl� 1,, t� bAll $d I ihi,1111i'm �f mu'l 1i11111i.111f m Milt's1Hi 1112l201G 112t Information About Brokerage Services =1y Texas lttw requires all roof estate llaensees to give the following information about br'okerpge somfoes to praspeoflvo buyers, tenants, sellers and landlords, TYPES OF REAL ESTATH- LICENSE I­IoI.DERS: ° A BROKER is responsible for all brokerage activities, Inoluding acts performed by sates agents sponsored by [lie broker. ° A SALES AGENT must be sponsored by a broker and works with clients on behalf or the broker. A BROKEIVS MINIMUM DUTIES REQUIRED BYLAW (A client Is tho person or party that the broker represents). ° Put ilia Interests of the client above all others, Including the broker's own Interests; ° Inform the client of any material Information about the property or transaction received by rite broker; ° Answer the cllenVe questions and preaont any offer to or counter-offer from the client; and ° Treat all parties to a real estate tratisaotlon honestly and fairly, A LICENSE HOLDER CAN REPRESENT A PARTY IN A REAL ESTATE TRANSACTION: AS AGENT FOR OVVNER (SELLERILANDLORD)l The broker becomes the properly owners agent through an agreement Will) lire owner, usually In a written listing to sell or property management agreement. An owner's agent must perform the broker's minimum duties above and must Inform the owner of any material information about the property or transaotlon known by the agent, includlhg Information disclosed to Elie agent or subagent by the buyer or buyer's agent, AS AGENT FOR BUYIrRITENANT: The broker becomes the buyerllenanVo agent by agreeing to represent (lie buyer; usually through a wrlllen representation agreement. A buyer's agent must perform the broker's minimum duties above and must Inform the buyer of -any material Information about [lie property or transaction known by Ilia agent, Including Information disclosed to the agent by tits sellar or seller's agent. AS AGENT FOR BOTH - INTERMEDIARY: To aot as an Interme0laty between the parties lire broker must first obtain the written agreement of each party to the fransactloo. The written agreement must state who will pay the broker and, in conspicuous gold or underlined print, set forth the broker's obligattons as an intermediary. A broker who acts as an Intormedlary; ° Must treat all parties to the transaction Impartlally and fairly; ° May, with the parties' written consent, appoint a different license holder associated with the broker to each party (owner and buyer) to communicate with, provide opinions and advice to, and carry out the Instruotlons of each party to the transaclion. ° Mutt not, unless specifically authorized in writing to do so by the party, disclose: o that the ownerwlil accept a price less than the written asking price; o that the buyer/tenantwill pay a price greater lhan the price aubmllted in a written offer; and o any confidential Information or any other information that a party specifically Ihstructs the broker In writing not to disclose, unless required to do so by law. AS SUBAGENT., A license holder aols as a subagent when aiding a buyer In a trarsaction wltIlout an agreement to represent Ilia buyer. A subagent can assist the buyer but does not represent the buyer and must place the Interests of the owner first, TO AVOID 01SPUT1=8, ALLAGREEMENTS BETWEEN YOU AND A BROKER SHOULD RE IN WRITING AND CLEAEiLY ESTABLIS 1, ° The brokers duties and responsibllllie$ to you, and your obligations under the representation agreement, ° Who will pay the E roker for services provided to you, when payment will be made and how the payment will be calculated. LICENSE HOLDER QONTACT INFORMATION; This notice Is being provided for information purposes. It does not create an obligation for you to use'tho broker's services, please acknowledge receipt of this notice below and retain a copy for your records, .J,M. Prewltt Company 0492Q07 mlitflintnrewitt,00m (409)892.3000 Licensed Broker fgrof(erFirm Name or License No, Email Phone FrWaryAssuhied Business Name J, Milton Prawitt 0301133 m11t@a_iminowilt,00tn f40t))097.•3Q00 Designated Broker of Firm License No. Emall Phone Licensed Supervisor of Sales Agent) Assoolate Lieanaa No. Email phone a m Ono J. Bo n ud Sr. 749406 ravmond aC�Iritprowltt,00m _ (409)782-1639 Salos AgantlAssoolate's Name Lfc No, Email Phone Suyer/Tenant/s erlLandlo InitWs Date Rogulatod by the Texas Real Estate Gomrnlsslor} Informotiqu available at WWWJreoAeXaa,gov IABS 1-0 Date J,AI.Ptru•ldConynuy0AhHorthrllhSl,tiilJ3enuntai€I,T�7?fD2 MOP:409 23099 Fog409sp)3014 Ua81hd J,AflllonPaM11,S1QR PfoducUdMilt LonoWolf Tfensudlon0(alpFo(Mr1dllloh)2318116ataenCr, CsmbdJ00,onlado,CpAdaMIT AJB YAwiNvolf,eom NOTICE TO PURCHASERS The x`eal property described below, which, you are about to purchase, is located in Jefferson County Drainage District No. G. The District has taxing authority separate from any other taxiing authority and may, subject to voter approval, issue an unlimited rate of tax in payment of such bonds. As of this date, the rate of taxes levied by the District on real propoM located in the District is $,202572 cents on each $.100 of assessed valuation, The total amount of bonds that have been approved by the voters and which may be issued by the District (excluding refunding bonds and any bonds or portion of bonds payable solely from revenues received or expected to be received pursuant to a contract with a governmental entity) is $0, Tlie aggregate initial principal amount of all bonds of the District payable in whole or part from. taxes (excluding refunding bonds and any bonds or portion of bonds payable solely from revenues received or expected to be received pursuant to a contract with a governtnnental entity) that have been previously issued is $0, Tlie District does not impose a standby fee. The purpose of this District is to provide drainage or flood control facilities and services witlniin the District through the issuance of bonds payable 'in whole or iri part from properly taxes, The cost o:F these utility facilities is not included in the purchase price of your property, and these utility facilities are owned or to be owned by the District. The legal description of the property which you are acquiring is as follows: Tract 1, O.4127-acre tract or parcel of Land Jatnes Drake Survey, Abstract No. 18 Beautnont, Jefferson County To= Tract It: 0.1377-acre tract or Parcel of Land Tieing The East Ton Feet of Lot 2 'and All of Lot 3, Blo4 7 North Addition Volume d, Page 151, Map Records Beautpont, Jefferson County, Texas SI,LLER Mount Gilead Missionary Baptist Clxui�01 Date 13y, � .mom ���' ���- ��-�-%��•�..., Printed Name; Bernadette Nelson Title: Trustee By: vL+� 1'tli ted Nan ; 3ohrttie Stewart Title; Trustee PURCHASER IS ADVISED THAT THE INFORMATION SHOWN ON THIS FORM IS SUBJECT TO CHANGE BY THE DISTRICT AT .ANY TIME. THE DISTRICT ROUTINELY ESTABLISHES TAX RATES DURING THE MONTHS OF SEPTEMBER THROUGH DECEMBER OF EACH YEAR, EFFECTIVE FOR THE YEAR IN %11W THE TAX RATES ARE APPROVED BY THE DISTRICT. PURCHASER IS ADVISED TO CONTACT THE DISTRICT TO DETERMINE THE STATUS OF ANY CURRENT OR. PROPOSED CHANGES TO THE INFORMATION SHOWN ON THIS FORM. The undersigned purchaser hereby acluiowledges receipt of the foregoing notice at or prior to execution of a binding contract for the purchase of the real property described in such notice or at closing of purchase of the real property. Date BLYERCity Of Beaumont, Texas By: Printed Name; Kcnrieth R. Williams Title; City Manager A* PROMULGATED BY THE TEXAS REAL. ESTATE COMMISSION (TREC) 11-07-2022 T]R C ADDENDUM FOR RESERVATION OF OiL, GAS, AND OTHER MINERALS & ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT [4uAlnWt7A eppaAryHnV 1716 Pine Street Beaumont (Sireot AddrQss and City) NOTICE, For use ONL Y if Seller reserves all or a portion of the Mineral Estate. A, "Mineral Estate" means all oil, gas, and other minerals In and under and that may be produced from the Property, any royalty under any existing or future mineral lease covering any part of the Property, executive rights (Including the right to sign a mineral lease covering any part of the Property), implied rights of ingress and egress, exploration and development rights, production and drilling rights, mineral lease payments, and all related rights and beheflts. The Mineral Estate does NOT Include water, send, gravel, limestone, building stone, celiche, surface shale, near -surface lignite, and Iron, but DOES include the reasonable use of these surface materials for mining, drilling, exploring, operating, developing, or removing the oil, gas, and other minerals from the Property, B, Subject to Section C below, the Mineral Estate owned by Seller, if any, will be conveyed unless reserved as follows (cheer one box only): ® (1) Seller reserves all of the Mineral Estate owned by Seller. (2) Seller reserves an undivided Interest in the Mineral Estate owned by Seller. NOTE, if Seller does not own all of the Mineral Estate, Seller reserves only this percentage or fraction of Seller's Interest C. Seller W does a does not waive rights of ingress and egress and of reasonable use of the Property (including surface materials) that are part of the Mineral Estate for mining, drilling, exploring, operating, developing, or removing the oil, gas, and other minerals. NOTE., Surface rights that may be held by other owners of the Mineral Estate who -are not partles to this transaction (including existing mineral lessees) will NOT be affected by Seller's electron. Seller's failure to complete Section C will be deemed an .election to convey all surface rights described herein. D. If Seller does not reserve all of Seller's Interest in the Mineral Estate, Seller shall, within 7 days after the Effective Date, provide Buyer With the currentcontact Information of any existing mineral lessee known to Seller. IMPORTANT NOTICE: The Mineral Estate affects Important rights, the full extent of which may be unknown to Seller, A fall examination of the title to the Property completed by an attorney with expertise In this area is the only proper means for determining title to the Mineral Estate with certainty. in addition;, attempts to convey or reserve certain Interest out of the Mineral Estate separately from other rights and benefits owned by Seller may have unintended consequences. precise contract language Is essential to preventing disagreements between present and future owners of the'llillneral Estate. If Seller or Buyer has any questions about their respective rights and Interests in the Mineral Estate and how such rights and ifiterests may be affected by this contract, they are strongly encouraged to consult an attorney with expertise in this area, CONSULT AN ATTORNEY BEFORE SIGNING: TREC rules prohibit real estate brokers and sales agents from giving legal advice, READ THIS FORM CAREFULLY. `` Buyer Kenneth R. Williams Iler 1t/kA,- --- Buyer ,yaver vvn1v1vt1-, of*, ern The form of tills addendum has been approved by 1he'Texas Real Estate Comnilsslon for use wlih similarly approved or promulgated conlraot forms. Sueh approval rotates to this contrAct - form only. TREC forfns are Inlanded for use only by IRECtrained real estate license holders. No representallon Is made. as to tllo legal valldity or adequacy of any provislorl In any speclllo transactions. It Is not Intended for cofiiplox lransacllons. Texa's Real Eslato Conlmisslon, P.O. Box 1-2100, Austin, ,r......,,,,„,,, ,,,,,, . 7t3711-2100,-12-030.3000 (litlp.11viww.troo.toxas,ogv) TREC No. 44-3, Tlils forni replaces TRrO No. 44.2. TRIG NO. d,M.Pr�eirlile'.otnpgny,750NorlhILI,SIreelUmuru nl X17701 Phwol-t07671g000 Fex:40YM3044 prounlGREW d. Milian Prowitt, SIOR Produced svith Cone Wol€Trawellom (ApForm Fditlan) 717 N Harwood 81, 801e 2200, Dallas, 7X 76201 \5 W AVolr cto