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PO 7241: THE SALE OF PUBLIC PARK LAND, 2201 LAKESHORE DRIVE, CIVIC PARK
P.O. No. 7241 04/09/24 ht ORDINANCE NO. AN ORDINANCE AUTHORIZING THE SALE OF PUBLIC PARK LAND LOCATED AT 2201 LAKESHORE DRIVE,MORE COMMONLY KNOWN AS CIVIC PARK,IN ACCORDANCE WITH THE BALLOT PROPOSITION APPROVED BY THE QUALIFIED VOTERS OF PORT ARTHUR AND FURTHER AUTHORIZE THE CITY MANAGER TO EXECUTE A SPECIAL WARRANTY DEED FOR THE CONVEYANCE WHEREAS,pursuant to Texas Local Government Code(TLGC)§253.001(b)land owned, held, or claimed as a park may not be sold unless the issue of the sale is submitted to the qualified voters of the municipality at an election and is approved by a majority of the votes received at the election; and WHEREAS,pursuant to Ordinance 20-13,as amended,the City Council ordered an election to submit a ballot proposition to the voters regarding the sale of various city parks; and WHEREAS, as provided in Ordinance 20-93, Proposition I, "Shall the City Council be authorized to sell a fee title or interest in land that the municipality owns,holds,or claims as a public park,Carver Terrace Park,Civic Park,Felix&Milton Barker Park,Hughen Park,Immigrant Park, and Montgomery Park for fair market value based upon certified appraisal?",was approved by the qualified voters of Port Arthur in the November 3, 2020 General and Special Election; and WHEREAS,pursuant to §253.014(b)(d) of the TLGC,the City contracted with a licensed real estate broker to list Civic Park for sale for a minimum period of thirty(30)days with a multiple- listing service; and WHEREAS, a ready, willing and able buyer has been produced by the broker and it is deemed appropriate for the City Council to approve the final sale of the park to the prospective buyer, Daniel Carrillo Lozano, for the fair market value amount of$130,000.00 as specified in Exhibit"A". NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Council fmds that the requirements under§253.014 of the Texas Local Government Code have been properly met and that a ready, willing and able buyer was produced by the licensed real estate broker utilizing the multiple listing service. Section 3. That pursuant§253.001(d)of Texas Local Government Code,the proceeds of the sale may be used only to acquire and improve property for the purposes for which the sold property was used. Section 4. That the City Manager,is hereby authorized to sell Civic Park located at 2201 Lakeshore Drive,(legally described as: LOT E BLOCK 161 CITY OF PORT ARTHUR),to Daniel Carrillo Lozano for the amount of$130,000.00, less the closing and brokerage fees. Section 5. That the final conveyance will be contingent upon closing and execution of a Special Warranty Deed, in substantially the same form attached hereto as Exhibit"B". READ,ADOPTED AND APPROVED on this day of , A.D., 2024, at a Council Meeting of the City of Port Arthur, Texas,by the following vote: AYES: Mayor: Councilmembers: NOES: • Thurman Bill Bartie, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: 144.0. J M. Black, Interim City Attorney APPROVED FOR ADMINISTRATION: Ron Burton, CPM, City Manager EXHIBIT "A" (Unimproved Property Contract) | PROMULGATED 8Y THE TEXAS REAL ESTATE COMMISSION(TREC) 11-07-2022 / ! W�UN#����EC� ��������T�������T����� �� | ,T.=.=�=~ NOT|CENotFnrUaeFurCondomin/umTnonsactmns �� 1. PARTIES: The partiesx, m_|n_uonoactane City of Port Arthv,-YKrRonalacumn. an (Seller)Daniel Buyer). Seller agrees to sell and convey m Buyer and Buyer agrees m buy from Seller theProperty � di�flnecl below. / | z. PROPERTY: Lot Lot E _ . Block ___1e1_ �Ny��Pm��r��wr --� --� | ------ ' -. _ Addition, | ch � City F� iAv�ur . Cuuntyof Jefferson --' � Toxax, known as _ _ 2201umxeshone |/ � -�------r��� (au�mwv�dp code), m as described on attached exhibit mgem�� with all rights, privileges---and appu�enannoope�a|ningthao ' i (Property) � RESERVATIONS: Any reservation for oil, gam, vr other minerals, water umber, o, other interests is � made in accordance with an attached addendum. | | s. SALES PRICE: A. Cash portion of Sales Price payable by Buyer at closing Q 130,000.00 | The term"Cash portion of the Sales Price"does not include proceeds from borrowingm ny kind or selling other real properly except am disclosed in this nnntrect- 8 Sum o<all financing described in'the attached:1� Third Party Financing Addendum, � _Loan Assumption Addendum, Seller Financing Addendum * C 8m/ev Price(Sum of A and g) - | 4. LEASES: --- '==��-�� A, Except as disclosed in this cvntram. Seller is no/ aware of any leases affecting the Property.Afto, the Effective Date. Seller may may not, withoutBuyer's written' o`noent, create a new loose. ' amend any existing lease,o/convey any interest in the Property. | B. NATURAL RESOURCE LEASES: "Natural Roouvnm Lease" means an existing oil and gao, mineral, wator, wind, or resource natural reouoe lease affecting the Property to which Seller is a party� 3oU*,�-ix 7is not a party to a Natural Resource Lea, If Seller is a party t Natural Resource Lease,check one of the following. (1) Seller has delivered to Buyer o copy ofall the Natural Resource Leases. | | [- (2) Seller has not delivered to Buyer a copy of all the Nem,a| Resource Leases. Seller aheo � | provide to Buyer p copy of all ,he momnal Resource Leases within 3 days after the Effective | oa0a Buyer may terminate the onntnmt within days aMa, the date the Buyer receives all the Natural Resource Leases and the earnest money shall uerefunded to Buyer. | o. EARNEST MONEY AND TERMINATION OPTION: A DELIVERY OF EARNEST MONEY AND OPT/ON FEE: Within 3 days after the Effective Date. Buyer | } must deliver m_ Stewart Title Co. _ (Escrow Agent) � �oxDv P��«��ur �� 7���� - - � � , _ . (address): $a.000.ma as earnest money and uWA as the Option Fee The earnest money and Option shall be moUo payable 0o Eoon� Agent and may �e paid vvpa��� or combined in a single � payment. � (1) Buyer shall deliver additional earnest money of $mJA _ to Escrow Agent within | days after the Effective Date of this contract. ' (2) if the last day to deliver the earnest money, Option Feo, or additional ea-most money falls on a Saturday, Sunday, or legal holiday, the time to deliver the money, Option or the additional earnest money, as applicable, is extended until the end of !|the next day that is not Somn/ov svnuay,or legal holiday (3) The omnvn«n> Escrow Agent receives under this paragraph shall be anpo*u n"x to the ow/nn Fee.t»cv to the earnest money, and then to the additional earnest money. | (^) Buyer authorizes Escrow Agent to e|oaao and deliver the Option Fee to Seller at any time | without further notice to or consent from 8uyer, and re|e*^oo Escrow Agent from liability for | delivery of the Option Fee to Ge||er, The Option Foe will be credited /o the Sales Price at / closing. B. TERMINATION 0PTIW For nominal onnsidoomnn. the receipt of which G*Ua, acknowledges, | and Buyer's agreement to py the Option Fee within the time required, | a Seller grants Buyer the � unrestricted right to terminate this contract by giving nc8ioa of termination to Seller within guyo after the Effective Date of this ouNmd (Option Period). Notices under this paragraph must be given by 5:00 pm (local time where the Property is |ncaioU) by the date specified. If Buyer gives notice of termination within the time prescribed. (i) the Option Fee � will not be refunded and Escrow Agent shall release any Option Fee remaining with Escrow � |_ � A�on�g��||a,.ong(V)��em���m���wU|be��n��«lf�yar _ | TXR'1807 Initiated for identification byBuyer D. L, and Seller )TREC N .9-16 ^=mm=.x=lq^wumm»=^th. rxr"" 'nOo�p~n"�'r/ p",pn*o"m `m./.**.. Contract Concerning 2201 Lakeshore Arthur 77640 Page 2 of 10 17.cr,.2C22 Property)(Address of a _._._C. FAILURE TO TIMELY DELIVER EARNEST MONEY: If Buyer fails to deliver the earnest money within the time required. Seller may terminate this contract or exercise Seller's remedies under Paragraph 15,or both,by providing notice to Buyer before Buyer delivers the earnest money. D FAILURE TO TIMELY DELIVER OPTION FEE: If no dollar amount is stated as the Option Fee or if Buyer fails to deliver the Option Fee within the time required, Buyer shall not have the unrestricted right to terminate this contract under this Paragraph 5. E. TiME: Time is of the essence for this paragraph and strict compliance with the time for performance is required. 6. TITLE POLICY AND SURVEY: A. TITLE POLICY: Seller shall furnish to Buyer at'X Seller's Buyer's expense an owner's policy of title insurance (Title Policy) issued by Stewart Title Co.. (Title Company) in the amount of the Sales Price, dated at or after closing, insuring Buyer against loss under the provisions of the Title Policy, subject to the promulgated exclusions (including existing building and zoning ordinances)and the following exceptions: (1) Restrictive covenants common to the platted subdivision in which the Property is located (2) The standard printed exception for standby fees.taxes and assessments. (3) Liens created as part of the financing described in Paragraph 3. (4) Utility easements created by the dedication deed or plat of the subdivision in which the Property is located. (5) Reservations or exceptions otherwise permitted by this contract or as may be approved by Buyer in writing. (6) The standard printed exception as to marital rights. (7) The standard printed exception as to waters, tidelands, beaches, streams, and related matters. (8) The standard printed exception as to discrepancies, conflicts, shortages in area or boundary lines,encroachments or protrusions, or overlapping improvements: IX'(i)will not be amended or deleted from the title policy:or L(ii)will be amended to read, "shortages in area"at the expense of L Buyer :Seller. (9) The exception or exclusion regarding minerals approved by the Texas Department of Insurance. B. COMMITMENT: Within 20 days after the Title Company receives a copy of this contract, Seller shall furnish to Buyer a commitment for title insurance (Commitment) and, at Buyer's expense. legible copies of restrictive covenants and documents evidencing exceptions in the Commitment (Exception Documents) other than the standard printed exceptions. Seller authorizes the Title Company to deliver the Commitment and Exception Documents to Buyer at Buyer's address shown in Paragraph 21. if the Commitment and Exception Documents are not delivered to Buyer within the specified time, the time for delivery will be automatically extended up to 15 days or 3 days before the Closing Date, whichever is earlier. If the Commitment and Exception I Documents are not delivered within the time required, Buyer may terminate this contract and the earnest money will be refunded to Buyer. C. SURVEY: The survey must be made by a registered professional land surveyor acceptable to the _ Title Company and Buyer's lender(s). (Check one box only) (1) Within days after the Effective Date of this contract, Seller shall furnish to Buyer and Title Company Sellers existing survey of the Property and a Residential Real Property Affidavit promulgated by the Texas Department of Insurance (T-47 Affidavit). If Seller fails to furnish the existing survey or affidavit within the time prescribed, Buyer shall obtain a new survey at Seller's expense no later than 3 days prior to Closing Date. If the existing survey or affidavit is not acceptable to Title Company or Buyer's lender(s). Buyer shall obtain a new survey at Seller's Buyer's expense no later than 3 days prior to Closing Date. X (2) Within -IC days after the Effective Date of this contract, Buyer shall obtain a new survey at Buyer's expense Buyer is deemed to receive the survey on the date of actual receipt or the date specified in this paragraph,whichever is earlier. (3) Within days after the Effective Date of this contract, Seller, at Seller's expense shall furnish a new survey to Buyer. D. OBJECTIONS: Buyer may object in writing to (i) defects, exceptions, or encumbrances to title: disclosed on the survey other than items 6A(1) through (7) above; or disclosed in the Commitment other than items 6A(1) through (9) above; (ii) any portion of the Property lying in a special flood hazard area (Zone V or A) as shown on the current Federal Emergency Management Agency map: or (iii) any exceptions which prohibit the following use or activity: Buyer must object the earlier of(i)the Closing Date or(ii) 5 days after Buyer receives the Commitment, Exception Documents and the survey. Buyer's failure to object within the time allowed will constitute a waiver of Buyer's right to object: except that the requirements in Schedule C of the Commitment are not waived. Provided Seller is not obligated to incur any expense, Seiler shall cure any timely objections of Buyer or any third party lender within 15 days after Seller receives the objections (Cure Period) and the Closing Date will be extended as necessary. If objections are not cured within the Cure Period, Buyer may, by delivering notice to Seller within 5 days after the end of the Cure Period: (i) terminate this contra and the earnest money will be refunded to Buyer; or (ii) waive the objections ak Buyer does not terminate TXR-1607 Initialed for ident�cation by Buyer j, 1 and Seller 0,, TREC NO.9-16 Produced with Lone Wolf Transactions;zipForr,+Edition)717 N Harwood St Suite 22C0 Dallas 'r1 www.lwplf.corn 220t Lakekore Contract Concerning 2201 Lakeshore,Port Arthur 77640 Page 3 of 10 11 0 -2022 (Address of Property) within the time required, Buyer shall be deemed to have waived the objections. If the Commitment or survey is revised or any new Exception Document(s) is delivered. Buyer may object to any new matter revealed in the revised Commitment or survey or new Exception Document(s) within the same time stated in this paragraph to make objections beginning when the revised Commitment,survey,or Exception Document(s)is delivered to Buyer. E. TITLE NOTICES: (1) ABSTRACT OR TITLE POLICY: Broker advises Buyer to have an abstract of title covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a Title Policy. If a Title Policy is furnished, the Commitment should be promptly reviewed by ar attorney of Buyer's choice due to the time limitations on Buyer's right to object. (2) MEMBERSHIP IN PROPERTY OWNERS ASSOCIATION(S): The Property is Xis not subject to mandatory membership in a property owners association(s). If the Property is subject to mandatory membership in a property owners association(s), Seller notifies Buyer under ' §5.012, Texas Property Code, that, as a purchaser of property in the residential community identified in Paragraph 2 in which the Property is located, you are obligated to be a member of the property owners association(s). Restrictive covenants governing the use and occupancy of the Property and all dedicatory instruments governing the establishment, maintenance, and operation of this residential community have been or will be recorded in the Real Property Records of the county in which the Property is located. Copies of the restrictive covenants and dedicatory instruments may be obtained from the county clerk. You are obligated to pay assessments g the property owners association(s). The amount of the assessments is subject to change. Your failure j pay the assessments could result ,jn enforcement of the association's Iten on and the foreclosure of the Property. Section 207.003, Property Code, entitles an owner to receive copies of any document that governs the establishment, maintenance. or operation of a subdivision, including, but not limited to, restrictions, bylaws, rules and regulations, and a resale certificate from a property owners' association. A resale certificate contains information including, but not limited to. statements specifying the amount and frequency of regular assessments and the style and cause number of lawsuits to which the property owners' association is a party, other than lawsuits relating to unpaid ad valorem taxes of an individual member of the association. These documents must be made available to you by the property owners' association or the association's agent on your request. If Buyer is concerned about these matters, the TREC promulgated Addendum for Property Subject to Mandatory Membership in a Property Owners Association should be used. (3) STATUTORY TAX DISTRICTS: 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 fee of the district prior to final execution of this contract. (4) TIDE WATERS: If the Property abuts the tidally influenced waters of the state, §33.135, Texas Natural Resources Code, requires a notice regarding coastal area property to be included in the contract. An addendum containing the notice promulgated by TREC or required by the parties must be used. (5) ANNEXATION: If the Property is located outside the limits of a municipality, Seller notifies Buyer under §5.011, Texas Property Code, that the Property may now or later be included in the extraterritorial jurisdiction 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 extraterritorial jurisdiction. To determine if the Property is located within a municipality's extraterritorial jurisdiction or is likely to be located within a municipality's extraterritorial jurisdiction, contact all municipalities located in the general proximity of the Property for further information. (6) PROPERTY LOCATED IN A CERTIFICATED SERVICE AREA OF A UTILITY SERVICE PROVIDER: Notice required by §13.257, Water Code: The real property described in Paragraph 2, 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 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 Buyer 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 Paragraph 2 or at closing of purchase of the real property. (7) PUBLIC IMPROVEMENT DISTRICTS: If the Property is in a p rty public improvement district, Seller must give Buyer written notice as required by §5.014, Property C..e. An addendum containing the required notice shall be attached to this contract TXR-1607 Initialed for identification by Buyer D c:—_ and Seller .)0 TREC NO.9-16 Produced wilh Lone Wolf Transactions(zipForm Edition)717 N Harwood St,Suite 2200,Finites,TX V. *Neu.Wolf.corn 2201 Lakeshore Contract Concerning 2201 Lakeshore Port Arthur , 77840 Page 4 of 10 11.07_2022 (Address of Property) (8) TEXAS AGRICULTURAL DEVELOPMENT DISTRICT: The Property is 'X is not located in a Texas Agricultural Development District. For additional information, contact the Texas Department of Agriculture. (9) TRANSFER FEES: If the Property is subject to a private transfer fee obligation, §5.205, Property Code requires Seller to notify Buyer as follows: The private transfer fee obligation may be governed by Chapter 5,Subchapter G of the Texas Property Code. (10)PROPANE GAS SYSTEM SERVICE AREA: If the Property is located in a propane gas system service area owned by a distribution system retailer, Seller must give Buyer written notice as required by §141.010, Texas Utilities Code. An addendum containing the notice approved by TREC or required by the parties should be used. (11)NOTICE OF WATER LEVEL FLUCTUATIONS: If the Property adjoins an impoundment of water. including a reservoir or lake, constructed and maintained under Chapter 11, Water Code. that has a storage capacity of at least 5,000 acre-feet at the impoundments 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.' (12)REQUIRED NOTICES. The following notices have been given or are attached to this contract (for example, MUD, WCID, PID notices): 7. PROPERTY CONDITION: A, ACCESS, INSPECTIONS AND UTILITIES. Seller shall permit Buyer and Buyer's agents access to the Property at reasonable times. Buyer may have the Property inspected by inspectors selected by Buyer and licensed by TREC or otherwise permitted by law to make inspections. Seller at Seller's expense shall immediately cause existing utilities to be turned on and shall keep the utilities on during the time this contract is in effect. NOTICE: Buyer should determine the availability of utilities to the Property suitable to satisfy Buyer's needs. B. ACCEPTANCE OF PROPERTY CONDITION. "As Is" means the present condition of the Property with any and all defects and without warranty except for the warranties of title and the warranties in this contract. Buyer's agreement to accept the Property As Is under Paragraph 7B (1) or (2) does not preclude Buyer from inspecting the Property under Paragraph 7A, from negotiating repairs or treatments in a subsequent amendment or from terminating this contract during the Option Period,if any (Check one box only) X (1) Buyer accepts the Property As Is. (2) Buyer accepts the Property As is provided Seller, at Seller's expense, shall complete the following specific repairs and treatments: (Do not insert general phrases, such as "subject to inspections" that do not identify specific repairs and treatments.) C. COMPLETION OF REPAIRS AND TREATMENTS: Unless otherwise agreed in writing, Seller shall complete all agreed repairs and treatments prior to the Closing Date and obtain any required permits. The repairs and treatments must be performed by persons who are licensed to provide such repairs or treatments or, if no license is required by law, are commercially engaged in the trade of providing such repairs or treatments Seller shall: (i) provide Buyer with copies of documentation from the repair person(s) showing the scope of work and payment for the work completed; and (ii) at Seller's expense, arrange for the transfer of any transferable warranties with respect to the repairs and treatments to Buyer at closing. If Seller fails to complete any agreed repairs and treatments prior to the Closing Date, Buyer may exercise remedies under Paragraph 15 or extend the Closing Date up to 5 days, if necessary, for Seller to complete repairs and treatments. D. ENVIRONMENTAL MATTERS: Buyer is advised that the presence of wetlands, toxic substances, including asbestos and wastes or other environmental hazards, or the presence of a threatened or endangered species or its habitat may affect Buyers intended use of the Property. If Buyer is concerned about these matters, an addendum promulgated by TREC or required by the parties should be used. E. SELLER'S DISCLOSURE; (1) Seller is X is not aware of any flooding of the Property which has had a material adverse effect on the use of the Property. (2) Seller J is 'X is not aware of any pending or threatened litigation, condemnation. or special assessment affecting the Property. (3) Seller is X.is not aware of any environmental hazards that materially and adversely affect tne.Property. (4) Seller j !is X is not aware of any dumpsite, landfill, or underground tanks or containers now or previously located on the Property. (5) Seller Li is X is not aware of any wetlands, as defined by federal or state law or regulation,affecng the Property. (6) Seller I is X is not aware of any threatened or endangered species or their habitat affecting the Property. (7) Seller _j is X is not aware that the Property is located wholly 'partly in a floodplain (8) Seller is X is not aware that a tree or trees located on the Property has oak wilt. If Seller is aware of any of the items above,explain (attach additional she- s if nece:sary): • J TXR-1607 Initialed for identification by Buyer _ and Seller TREC NO.9-16 Produced wth Lone wolf Trensact'ons(71pFonr Edition)717 N Harwood St,Suite 2200.Dallas,TX it' e e sgi cam 22ei takeako, Contract Concerning 2201 Lakeshore,Port Arthur , 77640 Page 5 of 10 11-07-2022 (Address of Property) 8. BROKERS AND SALES AGENTS: A. BROKER OR SALES AGENT DISCLOSURE: Texas law requires a real estate broker or sales agent who is a party to a transaction or acting on behalf of a spouse, parent, child, business entity in which the broker or sales agent owns more than 10%, or a trust for which the broker or sales agent acts as a trustee or of which the broker or sales agent or the broker or sales agent's spouse, parent or child is a beneficiary, to notify the other party in writing before entering into a contract of sale. Disclose if applicable: N/A B. BROKERS' FEES: All obligations of the parties for payment of brokers' fees are contained in separate written agreements. 9. CLOSING: A. The closing of the sale will be on or before April 25 , 2024 , or within 7 days after objections made under Paragraph 6D have been cured or waived, whichever date is later (Closing Date). If either party fails to close the sale by the Closing Date, the non-defaulting party may exercise the remedies contained in Paragraph 15. B. At closing: (1) Seller shall execute and deliver a general warranty deed conveying title to the Property to Buyer and showing no additional exceptions to those permitted in Paragraph 6 and furnish tax statements or certificates showing no delinquent taxes on the Property. (2) Buyer shall pay the Sales Price in good funds acceptable to the Escrow Agent. (3) Seiler and Buyer shall execute and deliver any notices, statements, certificates, affidavits, releases, loan documents, transfer of any warranties. and other documents reasonably required for the closing of the sale and the issuance of the Title Policy. (4) There will be no liens, assessments, or security interests against the Property which will not be satisfied out of the sales proceeds unless securing the payment of any loans assumed by Buyer and assumed loans will not be in default. (5) Private transfer fees (as defined by Chapter 5, Subchapter G of the Texas Property Code) will be the obligation of Seller unless provided otherwise in this contract. Transfer fees assessed by a property owners' association are governed by the Addendum for Property Subject to Mandatory Membership in a Property Owners Association. 10. POSSESSION: Seller shall deliver to Buyer possession of the Property in its present or required condition upon closing and funding. l 11. SPECIAL PROVISIONS: (This paragraph is intended to be used only for additional informational items. An informational item is a statement that completes a blank in a contract form, discloses factual information, or provides instructions. Real estate brokers and sales agents are prohibited from practicing law and shall not add to, delete, or modify any provision of this contract unless drafted by a party to this contract or a party's attorney. 12. SETTLEMENT AND OTHER EXPENSES: A The following expenses must be paid at or prior to closing: (1) Expenses payable by Seller(Seller's Expenses): (a) Releases of existing liens, including prepayment penalties and recording fees; release of Seller's loan liability; tax statements or certificates; preparation of deed; one-half of escrow fee;and other expenses payable by Seller under this contract. (b) Seller shall also pay an amount not to exceed $N/A to be applied in the following order: Buyer's Expenses which Buyer is prohibited from paying by FHA, VA, Texas Veterans Land Board or other governmental loan programs, and then to other Buyer's Expenses as allowed by the lender. (2) Expenses payable by Buyer (Buyer's Expenses): Appraisal fees; loan application fees; origination charges; credit reports; preparation of loan documents; interest on the notes from date of disbursement to one month prior to dates of first monthly payments; recording fees; copies of easements and restrictions; loan title policy with endorsements required by lender; loan-related inspection fees: photos; amortization schedules; one-half of escrow fee: all prepaid items, including required premiums for flood and hazard insurance. reserve deposits for insurance, ad valorem taxes and special governmental assessments; final compliance inspection; courier fee; repair inspection; underwriting fee; wire transfer fee: expenses incident to any loan; Private Mortgage Insurance Premium (PMI), VA Loan Funding Fee, or FHA Mortgage Insurance Premium (MIP) as required by the lender;and other expenses payable by Buyer under this contract. B. If any expense exceeds an amount expressly stated in this contract for such expense to be paid by a party, that party may terminate this contract unless the other party agrees to pay such excess. Buyer may not pay charges and fees expressly prohibited by FHA, VA, Texas Veterans Land Board or other governmental loan program regulations. 13, PRORATIONS AND ROLLBACK TAXES: A. PRORATIONS: Taxes for the current year, interest, rents, and regular periodic maintenance fees, assessments, and dues (including prepaid items) will be prorated through the Closing Date. The tax proration may be calculated taking into consideration any change in exemptions that will affect the current year's taxes. If taxes for the current year vary from the amount prorated at closing, the parties shall adjust the prorations when tax statements for the current year are available. If taxes are not paid at or prior to closing, ! yer sh. pay taxes for the current year. TXR-1607 Initialed for identification by Buyer , 1 and Seller ,; TREC NO.9-16 Produced with Lone Wolf Transactions,zipForn Edition)717 N Harwood St.Soda 2200.Dallas.TX .. ,1 www.Ara corn 220t L,kvshorr Contract Concerning _ 2201 Lakeshore,Port Arthur 77640 Page 6 of 10 elee v (Address of Property) B. ROLLBACK TAXES: If this sale or Buyers use of the Property after closing results in the assessment of additional taxes, penalties or interest (Assessments) for periods prior to closing, the Assessments will be the obligation of Buyer. If Assessments are imposed because of Sellers use or change in use of the Property prior to closing. the Assessments will be the obligation of Seiler.Obligations imposed by this paragraph will survive closing. 14. CASUALTY LOSS: If any part of the Property is damaged or destroyed by fire or other casualty after the Effective Date of this contract, Seller shall restore the Property to its previous condition as soon as reasonably possible, but in any event by the Closing Date. If Seller fails to do so due to factors beyond Seller's control. Buyer may (a) terminate this contract and the earnest money will be refunded to Buyer (b) extend the time for performance up to 15 days and the Closing Date will be extended as necessary or (c) accept the Property in its damaged condition with an assignment of insurance proceeds, if permitted by Seller's insurance carrier, and receive credit from Seller at closing in the amount of the deductible under the insurance policy. Seller's obligations under this paragraph are independent of any other obligations of Seller under this contract. 15. DEFAULT: if Buyer fails to comply with this contract, Buyer will be in default, and Seller may (a) enforce specific performance, seek such other relief as may be provided by law, or both, or (b) terminate this contract and receive the earnest money as liquidated damages, thereby releasing both parties from this contract. If Seller fails to comply with this contract, Seller will be in default and Buyer may (a) enforce specific performance, seek such other relief as may be provided by law, or both, or (b) terminate this contract and receive the earnest money, thereby i releasing both parties from this contract. 16. MEDIATION: It is the policy of the State of Texas to encourage resolution of disputes through alternative dispute resolution procedures such as mediation. Any dispute between Seller and Buyer related to this contract which is not resolved through informal discussion will be submitted to a mutually acceptable mediation service or provider. The parties to the mediation shall bear the mediation costs equally. This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction. 17. ATTORNEY'S FEES: A Buyer, Seller, Listing Broker, Other Broker, or Escrow Agent who prevails in any legal proceeding related to this contract is entitled to recover reasonable attorney's fees and all costs of such proceeding. 18. ESCROW: A. ESCROW: The Escrow Agent is not (i) a party to this contract and does not have liability for the performance or nonperformance of any party to this contract, (ii) liable for interest on the earnest money and (iii) liable for the loss of any earnest money caused by the failure of any financial institution in which the earnest money has been deposited unless the financial institution is acting as Escrow Agent. Escrow Agent may require any disbursement made in connection with this contract to be conditioned on Escrow Agent's collection of good funds acceptable to Escrow Agent. B. EXPENSES: At closing. the earnest money must be applied first to any cash down payment, then to Buyer's Expenses and any excess refunded to Buyer. if no closing occurs, Escrow Agent may: (i) require a written release of liability of the Escrow Agent from ail parties before releasing any earnest money: and (ii) require payment of unpaid expenses incurred on behalf of a party. Escrow Agent may deduct authorized expenses from the earnest money payable to a party "Authorized expenses" means expenses incurred by Escrow Agent on behalf of the party entitled to the earnest money that were authorized by this contract or that party. DEMAND: Upon termination of this contract, either party or the Escrow Agent may send a release of earnest money to each party and the parties shall execute counterparts of the release and deliver same to the Escrow Agent- if either party fails to execute the release, either party may make a written demand to the Escrow Agent for the earnest money. If only one party makes written demand for the earnest money, Escrow Agent shall promptly provide a copy of the demand to the other party. If Escrow Agent does not receive written objection to the demand from the other party within 15 days, Escrow Agent 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 Escrow Agent may pay the same to the creditors. If Escrow Agent complies with the provisions of this paragraph, each party hereby releases Escrow Agent from all adverse claims related to the disbursal of the earnest money. D. DAMAGES: Any party who wrongfully fails or refuses to sign a release acceptable to the Escrow Agent within 7 days of receipt of the request will be liable to the other party for (i)damages; (ii)the earnest money, (iii)reasonable attorney's fees;and(iv) all costs of suit. E. NOTICES: Escrow Agent's notices will be effective when sent in compliance with Paragraph 21. Notice of objection to the demand will be deemed effective upon receipt by Escrow Agent. 19. REPRESENTATIONS: Ali covenants. representations and warranties in this contract survive closing. if any representation of Seller in this contract is untrue on the Closing Date, Seiler will be in default. Unless expressly prohibited by written agreement, Seller may continue to show the Property and receive, negotiate and accept back up offers. 20. FEDERAL TAX REQUIREMENTS: If Seller is a "foreign person," as defined by Internal Revenue Code and its regulations, or if Seller fails to deliver an affidavit or a certificate of non- foreign status to Buyer that Seller is not a "foreign person," then Buyer shall withhold from the sales proceeds an amount sufficient to comply with applicable tax law and deliver the same to the Internal Revenue Service together with appropriate tax forms. Internal Revenue Service regulations require filing written reports if currency in excess of specified amounts is received in the transaction. ,- TXR-1607 initialed for identification by Buyer b. L _ _ and Seller - e% TREC NO.9-16 Proe.rced with Lone welt Transactnns(7 pForrn Edition)717 N Harwood St,Suite 2200.Dallas.TX '5�' ~sr twolr.901 2201 100000 we Contract Concerning 2201 Lakeshore,Port Arthur , 77640 Page 7 of 10 1 t.or- 2 _ (Address of Property) 21. NOTICES: All notices from one party to the other must be in writing and are effective when mailed to, hand-delivered at,or transmitted by fax or electronic transmission as follows- To Buyer at: 22303 Mossy Oaks Rd To Seiler at: P.O.Box 1089 F Springs,Tx.77389 Port Arthur i Tx.77641 Phone: [713)204-1735 Phone: (409)983.8128 E-mail/Fax: lozanodanaattnet E-mail/Fax: huy_tran.ptarthurtx.gov_ E-mail/Fax: E-mail/Fax: • With a copy to Buyer's agent at: With a copy to Seller's agent at: 22. AGREEMENT OF PARTIES: This contract contains the entire agreement of the parties and cannot be changed except by their written agreement. Addenda which are a part of this contract are(check all applicable boxes): Third Party Financing Addendum [� Addendum for Coastal Area Property Seller Financing Addendum [_] Environmental Assessment.Threatened or Addendum for Property Subject to Endangered Species and Wetlands Mandatory Membership in a Property Addendum Owners Association [ ' Addendum for Property Located Seaward •Buyer's Temporary Residential Lease of the Guif Intracoastal Waterway • Seller's Temporary Residential Lease Addendum for Sale of Other Property by Buyer Addendum for Reservation of Oil, Gas and Other Minerals Addendum for Property in a Propane Gas System Service Area • Addendum for"Back-Up"Contract X Other(list):info about Brokerage Sys& Addendum Concerning Right to Buyers/Tenant Rep.Agreement Terminate Due to Lender's Appraisal L Addendum containing Notice of Obligation to Pay Improvement District Assessment 23. CONSULT AN ATTORNEY BEFORE SIGNING: TREC rules prohibit real estate brokers and sales agents • from giving legal advice. READ THIS CONTRACT CAREFULLY. Buyer's Seller's • Attorney is: Attorney is: 4-(-tx Phone: Phone: attp4)_q_c_3 (2 S • Fax: Fax �(�l9�\V C(e E-mail: Email S . Y, - e TXR-1607 Initialed for identification by Buyer I) j,,,,_ and Seller TREC NO. 9-16 Produced with Late war Transactons(zipForm Edlior)7 t>N Harwood St Suite 220C.Datias. . 201 www-MW com 2201 Lakeshore Contract Concerning --- —. _ 2201 Lakeshore,Port Arthur , 77640 Page 8 of 10 11-07,2022 (Address of Property) I EXECUTED the day of (Effective Date). (BROKER: FILL IN THE DATE OF FINAL ACCEPTANCE.) i /t M— d':-•111111W110 iminsir L Seller Daniel C.Laza•• City of Port Art %Mr.Ronald Burton. Buyer - ---- ---- _ — Seller . The form of this contract pved . TREC forms are *\ZA . intended for use only by trainedhasbeen real approved estarote license bythe holders.Texas No Real representationEstate isCommission made as to the legal validity or adequacy of any provision in any specific transactions. It is not intended for complex transactions. Texas Real Estate Commission, P.O. Box 12188, Austin, TX 78711-2188, (512) 936-3000 I ' ...............a........ (http:twww.trec.texas.gov)TREC NO.9-16.This form replaces TREC NO.9-15. i TXR-1807 — —� TREC NO.9 16 Produced with Lone Woe Transactions(ziprorm Edition)717 N I Ia1M,d SL Suite 2200,Dallas,7X 75201 rimmiwoitsgrt 2201 Lakeshore Contract Concerning 2201 Lakeshore,Port Arthur 77640 Page 9 of 10 11-0a_20n (Address or Property) BROKER INFORMATION[ (Print name(s)only. Do not sign) Lou Richard's Realty 0280578 Advantage Real Estate 0566635 Other Broker Firm License No. Listing Broker Firm License No. represents j Buyer only as Buyer's agent represents [Seller and Buyer as an intermediary ['Seller as Listing Broker's subagent if(Seller only as Seller's agent Lou Richard 0280578 Jon Corona 0566636 , Associate's Name License No. Listing Associate's Name License No. Team Name Team Name lou.richard@att.net (409)982-1101 jonc23sbcglobai.net (409)724-1000 Associate's Email Address Phone Listing Associate's Email Address Phone Licensed Supervisor of Associate License No. Licensed Supervisor of Listing Associate License No. 440 53RD ST. (409)982-1101 908 Port Neches Ave Other Brokers Address Phone Listing Broker's Office Address Phone Port Arthur Tx. 77640 Port Neches Tx. _ 77851 City State Zip City State Zip Selling Associate's Name License No. Team Name Selling Associate's Email Address Phone Licensed Supervisor of Selling Associate License No. Selling Associate's Office Address City State Zip Disclosure: Pursuant to a previous, separate agreement (such as a MLS offer of compensation or other agreement between brokers), Listing Broker has agreed to pay Other Broker a fee(3% ).This disclosure is for informational purposes and does not change the previous agreement between brokers to pay or share a commission. TXR-1607 TREC NO 9-16 Produced with Lone Nor Transactions(zipForm Edition)717 N Harwood St.Stile 2200,Dafas,TX 75201 www twos cc," 2:01 Lai:eslore Contract Concerning 2201 Lakeshore,Port Arthur , 77640 Page 10 of 10 t1fi7-22 (Address of Property) OPTION FEE RECEIPT Receipt of $ (Option Fee) in the form of is acknowledged. Escrow Agent Stewart Title Co. Date EARNEST MONEY RECEIPT Receipt of $5,000.00 Earnest Money in the form of Check is acknowledged Escrow A jeannerodgers�Dstewart.com Agent 9 Received by Email Address Date/Time Stewart Title Co. 8460 Central Mail Dr. (409)727-1070 _ Address Phone Port Arthur Tx. 77642 City State Zip Fax CONTRACT RECEIPT Receipt of the Contract is acknowledged. Escrow Agent Received by Email Address Date Address —_- _ --.__ —Phone City State Zip Fax ADDITIONAL EARNEST MONEY RECEIPT Receipt of $ additional Earnest Money in the form of is acknowledged. Escrow Agent Received by Email Address Date/Time Address Phone City State Zip Fax TXR-1607 TREC NO.9-16 Produced with Lone VVotf Transactions(zipfonn Edition)717 N Harwood St.Suite 2200 Dailas.TX 7520'. www.twoft porn 2201 Lakeshore 11/2/2015 O Information About Brokerage Services y:k Texas law requires all real estate licensees to give the following information about brokerage services to prospective buyers, tenants; sellers and landlords. TYPES OF REAL ESTATE LICENSE HOLDERS: • A BROKER is responsible for all brokerage activities, including acts performed by sales agents sponsored by the broker. • A SALES AGENT must be sponsored by a broker and works with clients on behalf of the broker. A BROKER'S MINIMUM DUTIES REQUIRED BY LAW(A client is the person or party that the broker represents): • Put the interests of the client above all others, including the broker's own interests: • Inform the client of any material information about the property or transaction received by the broker; • Answer the client's questions and present any offer to or counter-offer from the client:and • Treat all oarties to a real estate transaction honestly and fairly. A LICENSE HOLDER CAN REPRESENT A PARTY IN A REAL ESTATE TRANSACTION: AS AGENT FOR OWNER (SELLER/LANDLORD): The broker becomes the property owner's agent through an agreement with the 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 transaction known by the agent, including information disclosed to the agent or subagent by the buyer or buyer's agent. AS AGENT FOR BUYER/TENANT: The broker becomes the buyer/tenant's agent by agreeing to represent the buyer. usually through a written representation agreement. A buyer's agent must perform the broker's minimum duties above and must inform the buyer of any material information about the property or transaction known by the agent, including information disclosed to the agent by the seller or seller's agent. AS AGENT FOR BOTH - INTERMEDIARY: To act as an intermediary between the parties the broker must first obtain the written agreement of each party to the transaction. The written agreement must state who will pay the broker and, in conspicuous bold or underlined print.set forth the broker's obligations as an intermediary.A broker who acts as ar intermediary: • Must treat all parties to the transaction impartially and fairly; • May, with the parties' written consent, appoint a different license holder associated with the broker to each party (owner and buyer)to communicate with,provide opinions and advice to, and carry out the instructions of each party to the transaction. • Must not, unless specifically authorized in writing to do so by the party,disclose. • that the owner will accept a price less than the written asking price; .- that the buyer/tenant will pay a price greater than the price submitted in a written offer; and • any confidential information or any other information that a party specifically instructs the broker in writing not to disclose, unless required to do Sc'by law AS SUBAGENT: A license holder acts as a subagent when aiding a buyer in a transaction without an agreement to represent the buyer.A subagent can assist the buyer but does not represent the buyer and must place the interests of the owner first_ TOAVOID DISPUTES,ALL AGREEMENTS BETWEEN YOU AND A BROKER SHOULD BE IN WRITING AND CLEARLY ESTABLISH: • The broker's duties and responsibilities to you,and your obligations under the representation agreement. • Who will pay the broker for services provided to you,when payment will be made and how the payment will be calculated LICENSE HOLDER CONTACT INFORMATION: This notice is being provided for information purposes. It does not create an obligation for you to use the broker's services Please acknowledge receipt of this notice below and retain a copy for your records. Lou Richards Realty 0280576 lou.richard t at.net ---- __— @ (4091882-1101 Licensed Broker/Broker Firm Name or L icense No Email Phone Primary Assumed Business Name Designated Broker of Firm License No. Email Phone Licensed Supervisor of Sales Agent/ License No. Email Phone Associate Sales Agent/Associate's Name License No. Email Phone 1�. ( Buyer/Tenant/Seller/Landlord Initials Date Regulated by the Texas Real Estate Commission Information available at www.trec.texas.gov TXR-2501 TABS '-0 Date Lou Richard Realty 440'3rd St Pori Arthur.TX 77640 Phone-t409198L1101 Fax.(4091987-1101 2201 Irkeshorr. I.ou Richard Produced with Lore wolf T'ansactions(zipFonn Edition)717 N Harwood St Suite 2200.Datlas.TX 75201 www.iwolr.corrm W�_-... _ - - 1141 EL REFU TEXMEX#4 Y 7875 MEMORIAL BLVD 35.Z i1307x © 1 i PORT ARTHUR,TX 77640 � /} »e6i DATE LI it ` Po YFfE 511CUXI, c- Tv :e,, (DAMN 1 $ 51C .ob ' ORDER OF \Je ��KyynS cA CC V)7 DOLLARS BANK OFAMER1CA''q? i1�►� �_� Fcr.s T r u owzs J. r Atat d , �o� --I n'DD 1 L 4 11i' 0: L L 30E100 2 3': 488 L 208 3000 20 EXHIBIT "B" (Special Warranty Deed) NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THE INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED Date: day of , 2024 Grantor: CITY OF PORT ARTHUR Mailing Address (including county): 444 4th Street } ` ' Port Arthur, Texas 77641-1089 , ff �� /.± (Jefferson County) Grantee: DANIEL CARRILLO LOZANO Oz Grantee's Mailing Address (including county) "'f 22303 Mossy Oaks Road `'%%'„ ' Springs, Texas 77389 'tom' • { " •'%ice. (Harris County) Consideration: , ' ,. 14/0 $1 0.0 0 and other good and valu consideration. Property (including any improvements): LEGAL DESCRIPTION: LOT E BLOCK 161 CITY OF PORT ARTHUR (PROPERTY ID: 412802) (GEOGRAPHIC ID: 053400-000-180150-00000) Reservations from and Exceptions to Conveyance and Warranty: Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs,successors,and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by,through, or under Grantor but not otherwise, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. Easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies, conflicts, or shortages in area or boundary lines; any encroachments or overlapping of improvements; property taxes for prior years, the payment for which Grantee assumes; and subsequent assessments for that and prior years due to change in land usage, ownership, or both, the payment of which Grantee assumes; and navigational servitude asserted by any governmental authority. As a material part of the Consideration for this deed, Grantor and Grantee agree that Grantee is taking the Property "AS IS"with any and all latent and patent defects and that there is no warranty by Grantor that the Property has a particular financial value or is fit for a particular purpose. Grantee acknowledges and stipulates that Grantee is not relying on any representation, statement, or other assertion with respect to the Property condition but is relying on Grantee's examination of the Property. Grantee takes the Property with the express understanding and stipulation that there are no express or implied warranties except forted warranties of title set forth in this deed. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging,to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs,executors,administrators,successors,and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty, when the claim is by,through, or under Grantor but not otherwise. GRANTOR: CITY OF PORT ARTHUR Ronald Burton, City Manager STATE OF TEXAS jr §. COUNTY OF JEFFERS . § VEA This instrument was iianowledged before me on day of 2024 by Ronald Burton, Cityanager of the City of Port Arthur, Texas. Notary Public, State of Texas AFTER RECORDING RETURN TO: City of Port Arthur Legal Department 444th Street Port Arthur,Texas 77641-1089 2