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HomeMy WebLinkAboutPO 7400: AUTHORIZING THE SALE OF A 0.1287 ACRE PORTION OF LAND OUT OF PARCEL NO. 250968, LOCATED NEAR LNVA CANAL P.O. No. 7400 02/13/26 ht ORDINANCE NO. AN ORDINANCE AUTHORIZING THE SALE OF A 0.1287 ACRE PORTION OF LAND OUT OF PARCEL NO. 250968, LOCATED AT OR NEAR THE LNVA CANAL, 1101 H.O. MILLS BLVD., PORT ARTHUR, TEXAS AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A SPECIAL WARRANTY DEED FOR THE CONVEYANCE. WHEREAS,pursuant to Resolution 25-557 and in accordance with§253.014 of the Texas Local Government Code,City Council authorized the City Manager to contract with a licensed real estate broker to list and market the subject portion of land on a multiple listing service for a minimum period of thirty (30) days at a minimum fair market value of$3,500.00; and WHEREAS,a ready,willing and able buyer has been produced by the broker,and it is now deemed in the best interest of the City Council to approve the final sale and authorized conveyance to the prospective buyer,Motiva Enterprises,LLC at the fair market value of$3,500.00 as specified in Exhibit"A". NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Council finds 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 the closing costs for the sale shall be paid by buyer,with the exception of the broker listing fee. Section 4. That the City Manager is hereby authorized to sell the 0.1287-acre portion of land,more or less,located at or near the LNVA Canal, 1101 H.O.Mills Blvd.,Port Arthur,Texas to Motiva Enterprises,LLC at the fair market value of$3.500.00 as specified in Exhibit"A", less the brokerage fee. 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., 2026, at a Council Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Councilmembers: NOES: • CITY OF PORT ARTHUR: Charlotte M. Moses, Mayor ATTEST: Sherri Bellard, TMRC City Secretary APPROVED AS TO FORM: Roxann Pais Cotroneo, JD City Attorney APPRO 1 FOR ADMINISTRATION: PP : 41.041"v' Ronald B •n CPM City ager EXHIBIT "A" (Contract) Docusign Envelope ID:622A3832-1 BB0-4864-A72F-A79DADDA5DEA PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) 11-04-2024 TRECTREC UNIMPROVED PROPERTY CONTRACT NOTICE: Not For Use For Condominium TransactionsCPOOFMJNIPI 1. PARTIES: The parties to this contract are City of Port Arthur (Seller) and Motiva Enterprises LLC (Buyer). Seller agrees to sell and convey to Buyer and Buyer agrees to buy from Seller the Property defined below. 2. PROPERTY: Lot , Block Addition, City of Port Arthur ,County of Jefferson Texas, known as 0.1287-acre portion of land out of Parcel No.250968 (address/zip code), or as described on attached exhibit together with all rights, privileges and appurtenances pertaining thereto(Property). RESERVATIONS: Any reservation for oil, gas, or other minerals, water, timber, or other interests is made in accordance with an attached addendum. 3. SALES PRICE: A. Cash portion of Sales Price payable by Buyer at closing $ 3,500.00 The term "Cash portion of the Sales Price"does not include proceeds from borrowing of any kind or selling other real property except as disclosed in this contract. B. Sum of all financing described in the attached:_Third Party Financing Addendum, Loan Assumption Addendum,❑Seller Financing Addendum $ C. Sales Price(Sum of A and B) $ 3,500.00 D. The Sales Price❑will]will not be adjusted based on the survey required by Paragraph 6C. If the Sales Price is adjusted, the Sales Price will be adjusted based on the difference between acres and the acreage set forth in the survey required by Paragraph 6C. The difference in acreage (either increased or decreased) shall be multiplied by the sum of $ per acre and either added to or subtracted from the Sales Price stated in Paragraph 3C. If the Sales Price is adjusted by more than 10%, either party may terminate this contract by providing written notice to the other party within days after the terminating party receives the survey. If neither party terminates this contract or if the variance is 10% or less, the adjustment will be made to the amount in ❑3A E 3B ❑proportionately to 3A and 3B. 4. LEASES: A. Except as disclosed in this contract, Seller is not aware of any leases affecting the Property. After the Effective Date, Seller may not, without Buyer's written consent, create a new lease, amend any existing lease, or convey any interest in the Property. B. NATURAL RESOURCE LEASES: "Natural Resource Lease" means an existing oil and gas, mineral, geothermal, water, wind, or other natural resource lease affecting the Property to which Seller is a party. Seller ❑is [is not a party to a Natural Resource Lease. If Seller is a party to a Natural Resource Lease,check one of the following: (1) Seller has delivered to Buyer a copy of all the Natural Resource Leases. (2) Seller has not delivered to Buyer a copy of all the Natural Resource Leases. Seller shall provide to Buyer a copy of all the Natural Resource Leases within 3 days after the Effective Date. Buyer may terminate the contract within days after the date the Buyer receives all the Natural Resource Leases and the earnest money shall be refunded to Buyer. 5. EARNEST MONEY AND TERMINATION OPTION: A. DELIVERY OF EARNEST MONEY AND OPTION FEE: Within 3 days after the Effective Date, Buyer must deliver to Texas Regional Title (Escrow Agent)at 7980 Anchor Dr,Port Arthur,Tx 77642 (address): $ 500.00 as earnest money and$ as the Option Fee. The earnest money and Option Fee shall be made payable to Escrow Agent and may be paid separately or combined in a single payment. (1) Buyer shall deliver additional earnest money of $NA to Escrow Agent within days after the Effective Date of this contract. (2) If the last day to deliver the earnest money, Option Fee, or the additional earnest money falls on a Saturday, Sunday, or legal holiday, the time to deliver the earnest money, Option Fee, or the additional earnest money, as applicable, is extended until the end of the next day that is not a Saturday,Sunday, or legal holiday. (3) The amount(s) Escrow Agent receives under this paragraph shall be applied first to the Option Fee, then to the earnest money,and then to the additional earnest money. (4) Buyer authorizes Escrow Agent to release and deliver the Option Fee to Seller at any time without further notice to or consent from Buyer, and releases Escrow Agent from liability for delivery of the Option Fee to Seller. The Option Fee will be credited to the Sales Price at closing. Initialed for identification by Buyer I_ 62 and Seller<tr TREC NO.9-17 TXR 1607 Jon Carona,908 Port Neches Ave Suite A Port Neches TX 77651 Phone:4094741090 Fax:409-724-0212 City of Port Arthur Jon Carona Produced with Lone Wolf Transactions(zipForm Edition)717 N Harwood St,Suite 2200,Dallas,TX 75201 www.lwolf.com Docusign Envelope ID:622A3832-1BB0-4864-A72F-A79DADDA5DEA Contract Concerning 0.1287-acre portion of land out of Parcel No.250968,Port Arthur,Tx Page 2 of 10 11-04-2024 (Address of Property) B. TERMINATION OPTION: For nominal consideration, the receipt of which Seller acknowledges, and Buyer's agreement to pay the Option Fee within the time required, Seller grants Buyer the unrestricted right to terminate this contract by giving notice of termination to Seller within NA days after the Effective Date of this contract (Option Period). Notices under this paragraph must be given by 5:00 p.m. (local time where the Property is located) 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 Agent to Seller;and (ii)any earnest money will be refunded to Buyer. 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 E Seller's X Buyer's expense an owner's policy of title insurance (Title Policy) issued by Texas Regional Title (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: _(i)will not be amended or deleted from the title policy; or x (ii)will be amended to read,"shortages in area"at the expense of x Buyer E 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 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 Seller's existing survey of the Property and a Residential Real Property Affidavit or Declaration promulgated by the Texas Department of Insurance (T-47 Affidavit or T-47.1 Declaration). Buyer shall obtain a new survey at Seller's expense no later than 3 days prior to Closing Date if Seller fails to furnish within the time prescribed both the: (i) existing survey; and (ii) affidavit or declaration. If the Title Company or Buyer's lender does not accept the existing survey, or the affidavit or declaration, Buyer shall obtain a new survey at _Seller's❑Buyer's expense no later than 3 days prior to Closing Date. ❑X (2) Within 10 days after the Effective Date of this contract, Buyer may 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. If Buyer fails to obtain the survey, Buyer may not terminate the contract under Paragraph 2B of the Third Party Financing Addendum because the survey was not obtained. ❑ (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: Initialed for identification by Buyer 1- l2 and Sell TREC NO.9-17 TXR 1607 Jon Carona,908 Port Neches Ave Suite A Port Neches TX 77651 Phone:4094741090 Fax:409-724-0212 City of Port Arthur Jon Carona Produced with Lone Wolf Transactions(zipForm Edition)717 N Harwood St,Suite 2200,Dallas,TX 75201 www.lwolf.com Docusign Envelope ID:622A3832-1 BB0-4864-A72F-A79DADDA5DEA Contract Concerning 0.1287-acre portion of land out of Parcel No.250968,Port Arthur,Tx Page 3 of 10 11-04-2024 (Address of Property) 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, Seller 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 contract and the earnest money will be refunded to Buyer; or (ii) waive the objections. If Buyer does not terminate 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 an 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 [is 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 to the property owners association(s). The amount of the assessments is subject to change. Your failure to pay the assessments could result in enforcement of the association's lien 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 xovider to determine the cost that you will be Initialed for identification by Buyer S I_ 42 and Seller TREC NO.9-17 TXR 1607 Jon Carona,908 Port Neches Ave Suite A Port Neches TX 77651 Phone:4094741090 Fax:409-724-0212 City of Port Arthur Jon Carona Produced with Lone Wolf Transactions(zipForm Edition)717 N Harwood St,Suite 2200,Dallas,TX 75201 www.lwolf.com Docusign Envelope ID:622A3832-1 BB0-4864-A72F-A79DADDA5DEA Contract Concerning 0.1287-acre portion of land out of Parcel No.250968,Port Arthur,Tx Page 4 of 10 11-04-2024 (Address of Property) 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 public improvement district, Seller must give Buyer written notice as required by §5.014, Property Code. An addendum containing the required notice shall be attached to this contract. — (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 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." (12)REQUIRED NOTICES: The following notices have been given or are attached to this contract (for example, utility, water, drainage, and public improvement districts): DD7 Seller's failure to provide applicable statutory notices may provide Buyer with remedies or rights to terminate the contract. 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 Buyer's 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 ❑is [Ds not aware of any pending or threatened litigation, condemnation, or special assessment affecting the Property. (3) Seller [is X is not aware of any environ ntal hazards that materially and adversely affect the Property. Initialed for identification by Buyer ; S 1= and Seller TREC NO.9-17 TXR 1607 Jon Carona,908 Port Neches Ave Suite A Port Neches TX 77651 Phone:4094741090 Fax:409-724-0212 City of Port Arthur Jon Carona Produced with Lone Wolf Transactions(zipForm Edition)717 N Harwood St,Suite 2200,Dallas.TX 75201 www.lwolf.com Docusign Envelope ID:622A3832-1 BB0-4864-A72F-A79DADDA5DEA Contract Concerning 0.1287-acre portion of land out of Parcel No.250968,Port Arthur,Tx Page 5 of 10 11-04-2024 (Address of Property) (4) Seller ]is X is not aware of any dumpsite, landfill, or underground tanks or containers now or reviousl located on the Property. (5) Seller []is IX is not aware of any wetlands, as defined by federal or state law or regulation, affecting the Property. (6) Seller ❑is [is not aware of any threatened or endangered species or their habitat affectin the Pro erty. (7) Seller L]is XX is not aware that the Property is located _wholly E 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 sheets if necessary): 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: 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 March 12 , 2026 , 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: `f __ l (1) Seller shall execute and deliver a eret 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) Seller 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. 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) Seller shall pay the following expenses(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; brokerage fees that Seller has agreed to pay; and other expenses payable by Seller under this contract; (b) the following amount to be applied to brokerage fees that Buyer has agreed to pay: E$NA or] NA %of the Sales Price(check one box only); and (c) an amount not to exceed$NA to be applied to other Buyer's Expenses. (2) Buyer shall pay the following expenses (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 In urance Premium (MIP) as required by the lender; brokerage fees that Buyer has agreed to pay; and other expenses payable by Buyer under this contract. Initialed for identification by Buyer l= 4 and Seller TREC NO. 9-17 TXR 1607 Jon Carona,908 Port Neches Ave Suite A Port Neches TX 77651 Phone:4094741090 Fax:409-724-0212 City of Port Arthur Jon Carona Produced with Lone Wolf Transactions(zipForm Edition)717 N Harwood St,Suite 2200,Dallas,TX 75201 www.iwolf.com Docusign Envelope ID:622A3832-1BB0-4864-A72F-A79DADDA5DEA Contract Concerning 0.1287-acre portion of land out of Parcel No.250968,Port Arthur,Tx Page 6 of 10 11-04-2024 (Address of Property) 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, Buyer shall pay taxes for the current year. B. ROLLBACK TAXES: If this sale or Buyer's 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 Seller's use or change in use of the Property prior to closing, the Assessments will be the obligation of Seller.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 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 all 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. C. 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 effecti a hen sent in compliance with Paragraph 21. Notice of objection to thei¢ejnnand will be deemed effec e upon receipt by Escrow Agent. Initialed for identification by Buyer (;S I= 61 and Seller TREC NO.9-17 TXR 1607 Jon Carona,908 Port Neches Ave Suite A Port Neches TX 77651 Phone:4094741090 Fax:409-724-0212 City of Port Arthur Jon Carona Produced with Lone Wolf Transactions(zipForm Edition)717 N Harwood St,Suite 2200,Dallas,TX 75201 www.lwolf.com Docusign Envelope ID:622A3832-1BB0-4864-A72F-A79DADDA5DEA Contract Concerning 0.1287acre portion of land out of Parcel No.250968,Port Arthur,Tx Page 7 of 10 11-04-2024 (Address of Property) 19. REPRESENTATIONS: All covenants, representations and warranties in this contract survive closing. If any representation of Seller in this contract is untrue on the Closing Date, Seller 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 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. 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: To Seller at: PO BOX 1089 Port Arthur,Tx 77641 Phone: (713)427-3313 Phone: (409)983-8187 E-mail/Fax: jay.hallOmotiva.com E-mail/Fax: huy.tran(aportarthurtx.gov E-mail/Fax: E-mail/Fax: With a copy to Buyer's agent at: With a copy to Seller's agent at: jonc237asbcglobal.net 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 E 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 Gulf Intracoastal Waterway E Seller's Temporary Residential Lease ] Addendum for Sale of Other Property by Buyer Addendum for Reservation of Oil, Gas ] Addendum for Property in a Propane Gas and Other Minerals System Service Area E Addendum for"Back-Up"Contract [ Addendum for Section 1031 Exchange E Addendum Concerning Right to Terminate Due to Lender's Appraisal X Other(list):Resolution of the City of Port _ Arthur _ 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 Holly Dobbs Arnold Seller's Ae� (, e Attorney is: Attorney is: 'OKA.. 1 713-427-3606 ( 04 (��' (2-5Phone: Phone: �' Fax: Fax: Holly.DobbsArnold@motiva.com E-mail: � �n1� (o (Wteo �� �(X '� E mail: Initialed for identification by Buyer er S I_ 42 and Seller TREC NO.9-17 TXR 1607 Jon Carona,908 Port Neches Ave Suite A Port Neches TX 77651 Phone:4094741090 Fax:409-724-0212 City of Port Arthur Jon Carona Produced with Lone Wolf Transactions(zipForm Edition)717 N Harwood St,Suite 2200,Dallas.TX 75201 www.lwolf.com Docusign Envelope ID:622A3832-1 BB0-4864-A72F-A79DADDA5DEA Contract Concerning 0.1287-acre portion of land out of Parcel No.250968,Port Arthur,Tx Page 8 of 10 11-04-2024 (Address of Property) EXECUTED the day of , 20 (Effective Date). (BROKER: FILL IN THE DATE OF FINAL ACCEPTANCE.) A I +, Signed by: �„it' ',t �,�`` I BuY a O15 08AJ1J649C... Seller , Motiva Enterprises LLC City of Port Arthur Jeff Rinker Buyer Seller The form of this contract has been approved by the Texas Real Estate Commission. TREC forms are ZI intended for use only by trained real estate license holders. No representation is made as to the legal validity or adequacy of any provision in any specific transactions. It is not intended for complex TREC transactions. Texas Real Estate Commission, P.O. Box 12188, Austin, TX 78711-2188, (512) 936-3000 (http://www.trec.texas.gov)TREC NO.9-17.This form replaces TREC NO.9-16. TREC NO.9-17 TXR 1607 Jon Carona,900 Port Neches Ave Suite A Port Neches TX 77651 Phone:4094741090 Fax:409-724-0212 City of Port Arthur Jon Carona Produced with Lone Wolf Transactions(zipForm Edition)717 N Harwood St,Suite 2200,Dallas,TX 75201 www.lwolf.com Docusign Envelope ID:622A3832-1 BB0-4864-A72F-A79DADDA5DEA Contract Concerning 0.1287-acre portion of land out of Parcel No.250968,Port Arthur,Tx Page 9 of 10 11-04-2024 (Address of Property) BROKER INFORMATION (Print name(s)only. Do not sign) Advantage Real Estate 566636 Other Broker Firm License No. Listing Broker Firm License No. represents 'Buyer only as Buyer's agent represents 'Seller and Buyer as an intermediary E Seller as Listing Broker's subagent [Seller only as Seller's agent Jon Carona 376751 Associate's Name License No. Listing Associate's Name License No. Team Name Team Name jonc237(a)sbcglobal.net Associate's Email Address Phone Listing Associate's Email Address Phone 0566636 Licensed Supervisor of Associate License No. Licensed Supervisor of Listing Associate License No. 908 Port Neches Ave Suite A (409)474-1090 Other Broker's Address Phone Listing Broker's Office Address Phone Port Neches TX 77651 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, Listing Broker has agreed to pay Other Broker a fee $ or ❑ % of the Sales Price). This disclosure is for informational purposes and does not change the previous agreement between brokers to pay or share a commission. TREC NO.9-17 TXR 1607 Jon Carona,908 Port Neches Ave Suite A Port Neches TX 77651 Phone:4094741090 Fax:409-724-0212 City of Port Arthur Jon Carona Produced with Lone Wolf Transactions(zipForm Edition)717 N Harwood St,Suite 2200,Dallas,TX 75201 www.lwolf.com Docusign Envelope ID:622A3832-1BB0-4864-A72F-A79DADDA5DEA Contract Concerning 0.1287-acre portion of land out of Parcel No.250968,Port Arthur,Tx Page 10 of 10 11-04-2024 (Address of Property) OPTION FEE RECEIPT Receipt of $ (Option Fee) in the form of is acknowledged. Escrow Agent Texas Regional Title Date EARNEST MONEY RECEIPT Receipt of $ Earnest Money in the form of is acknowledged. Escrow Agent Received by Email Address Date/Time Address Phone 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 TREC NO.9-17 TXR 1607 Jon Carona,908 Port Neches Ave Suite A Port Neches TX 77651 Phone:4094741090 Fax:409-724-0212 City of Port Arthur Jon Carona Produced with Lone Wolf Transactions(zipForm Edition)717 N Harwood St,Suite 2200,Dallas,TX 75201 www Iwolf.com Docusign Envelope ID:622A3832-1 BB0-4864-A72F-A79DADDA5DEA kZ TEXAS REALTORS' REPRESENTATION DISCLOSURE USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS®,INC.IS NOT AUTHORIZED. ©Texas Association of REALTORS®,Inc.2024 CONCERNING THE PROPERTY AT: 0.1287-acre portion of land out of Parcel No. 250968 , Port Arthur, Tx Broker/Broker Firm Name: Advantage Real Estate License No.: 566636 Broker's Associate's Name: Jon Carona License No.: 376751 A. Texas law (Section 1101.558, Occupations Code) requires a real estate license holder who represents a party in a proposed real estate transaction to disclose, orally or in writing, that representation at the license holder's first contact with: (1) another party to the transaction; or (2) another license holder who represents another party to the transaction. B. Broker represents the following party: X Seller: City of Port Arthur, Landlord: Buyer: Motiva Enterprises, LLC, Tenant: C. A real estate license holder, while acting as an agent, is a fiduciary. The primary duty of the license holder is to represent the interests of their client. The license holder must treat other parties to a transaction honestly and fairly, however, the duty to their client is primary. Broker compensation or the sharing of compensation between brokers is not set by law nor fixed, controlled, recommended, or suggested by the Association of REALTORS®, MLS, or any listing service. Broker compensation is fully negotiable. Brokers independently determine their fees. The undersigned persons acknowledge there is no agency relationship with Broker as of the date of this disclosure: Ina tAtt Motiva Enterprises LLC EtDQ l Printed Name Printed Name Signed by: 2/12/2026 "—50 I55a8A9 r9o49C... Signature Date Signature Date (TXR-1417)08-23-24 Page 1 of 1 Jon Carona,908 Port Neches Ave Suite A Port Neches TX 77651 Phone:4094741090 Fax:409-724-0212 City of Port Arthur Jon Carona Produced with Lone Wolf Transactions(zipForm Edition)717 N Harwood St,Suite 2200,Dallas,TX 75201 www.lwolf,com Docusign Envelope ID:622A3832-1BB0-4864-A72F-A79DADDA5DEA Exhibit"A" NOTICE TO PURCHASER The real property, described below, which you are about to purchase is located in the Jefferson County Drainage District No. 7. The District has taxing authority separate from any other taxing authority, and may, subject to voter approval, issue an unlimited amount of bonds and levy an unlimited rate of tax in payment of such bonds. As of this date, the most recent rate of taxes levied by the District on real property located in the District is $0.292525 on each $100.00 of assessed evaluation. The total amount of bonds which has been approved by the voters and which have been or may, at this date, be issued is $0.00, and the aggregate initial principal amounts of all bonds issued for one or more of the specified facilities of the District and payable in whole or in part from property taxes is $0.00. The District has $10,755,000 in aggregate principal amount of maintenance notes which are payable from any lawfully available funds of the District, including the proceeds of maintenance taxes. The District is located,in part,in the cities of Port Arthur,Nederland, Groves, and Port Neches, Texas,and their extraterritorial jurisdictions. The purpose of this District is to provide drainage and flood control facilities and services within the District through the issuance of bonds payable in whole or in part from property taxes. The cost of 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: See attached preliminary survey PURCHASERS ARE ADVISED THAT THE INFORMATION 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 WHICH THE TAX RATES ARE APPROVED BY THE DISTRICT. PURCHASERS ARE ADVISED TO CONTACT THE DISTRICT TO DETERMINE THE STATUS OF ANY CURRENT OR PROPOSED CHANGES TO THE INFORMATION SHOWN ON THIS FORM. Date: , ram "Sellers" The undersigned purchasers hereby acknowledge 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. 2/12/2026 Date: �—Signed by: r— + >71 — burl, —bulbb915A91yb49C... "Purchasers" 3 Fir Docusign Envelope ID:622A3832-1 BB0-4864-A72F-A79DADDA5DEA et O r 0 4 USMF0338-OE-CV- RANGE RSU-00000011.00 5,604 SQ.FT. / 0.1287 ACRE A 0.1287 ACRE PARCEL OF LAND OUT OF LOT 1,BLOCK 8,RANGE"M"AND LU 4.BLOCK 8,RANGE"L"Ot THE PORT ARTHUR LAND COMPANY,801..1,PG.Z2,MAP RECORDS Ot'/H4'E'R.SON COUNTY,TEXAS BEING A 0.1287-ACRE PARIZL OF LAND OUT OE LOT 1,BLOCK 8,RANGE'M',AND LOT 4.(310CR B,RANGE'IT 1W THE PORT ARTHUR R LAND COMPANY.VOLUME 1,PAGE 22,MAP RECORDS OF JEFFERSON COUNTY.TEXAS,AND ALSO BEING OUT OF AND PART OF THAT CERTAIN PARCEL. OF LAND DEDICATED TO THE CITY OF PORT ARTHUR,RECORDED IN VOLUME 260,PAGE 614,DEED RECORDS OF JEFFERSON COUNTY,TEXAS, AND ALSO OUT Of AND PART OF A LNVA CANAL EASEMENT RECORDED UNDER INSTRUMENT No.2005002106,OFFICIAL PUBLIC RECORDS OF IEFFERSON COUNTY,TEXAS,AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMEMQHG AT A ROD WITH CAP STAMPED•SOUTEX'.FOUND IN THE NORTH RIGHT OF WAY LINE OF TEXAS STATE HIGHWAY 73,SAME BE I SU THE SOUTH LINE OF SAID CRY OF PORT ARTHUR PARCEL OF LAND.SAID ROD BEARS SOUTH 36 DEG.3B MIN.56 SEC.WEST,A DISTANCE OF 1.158.58 FEET FROM A TEXAS DEPARTMENT OF TRANSPORTATION CONCRETE MONUMENT.SAID ROD WITH CAP HAVING A TEXAS COORDINATE VALUE OF NORTH 13.910,929.60'AND EAST 3,562,153/1'; THENCE NORTH 65 DEG.00 MIN.37 SEC.WEST,OVER AND ACROSS THE SAID LNVA CANAL EASEMENT,AND CITY OF PORT ARTHUR PARCEL OF LAND,AND LOT 1.BLOCK 8.RANGE-M'.AND LOT 4,BLOCK 8 RANGE'L',A DISTANCE OF 748.80 FEET TO A POINT FOR CORNER IN THE SOUTH LINE OF SAID LNVA CANAL EASEMENT,FOR THE POINT OF BEGINNIN( OF THE HEREIN DESCRIBED PARCEL OF LAND.SAID POINT FOR CORNER HAVING A TEXAS COORDINATE VALUE OF NORTH 13.911,245.94'AND EAST 3561.47451'. THENCE OVER AND ACROSS THE SAIL)LNV A CANAL EASEMENT,AND SAID CITY OF PORT ARTHUR PARCELOF LAND,AND LOT 1,BLOCK U.RANGE *Si.,AND LOT 4,BLOCK 8 RANGE'L',THE FOLLOWING ELEVEN(11)COURSES; 1. SOUTH 66 DEG.35 MIN.16 SEC.WEST,A DISTANCE OF 3854 FEET TO A POINT FOR CORNER; Z. NORTH 68 DEG.25 MIN.03 SEC.WEST.A DISTANCE OF 73.84 FEET TO A POINT FOR CORNER; 3. NORTH 23 DEG.24 MIN.47 SEC WEST.A DISTANCE OF 12.35 FEET TO A POINT FOR CORNER; 4. NORTH 21 DEG.34 MIN.16 SEC EAST,A DISTANCE OF 48.0E FEET TO A POINT FOR CORNER S. SOUTH 53 DEG.21 MIN.15 SEC.FAST,A DISTANCE OF 27.67 FEET TO A POINT FOR CORNER; 6. NORTH 21 DEG.35 MIN.13 SEC.EAST.A DISTANCE OF 36.90 FEET TO A POINT FOR CORNER 7. SOUTH 53 DEG.07 MIN.12 SEC.EAST,A DISTANCE OF 39.27 FEET TO A POINT FOR CORNER; 8. SOUTH 21 DEG.35 MIN.13 SEC.WEST,A DISTANCE OF 38.08 FEET TO A POINT FOR CORNER; 9. S011T11 68 DEG.24 MIN.47 SEC.EAST,A DISTANCE OF 12.00 FEET TO A POINT FOR CORNER; 10 SOUTH 21 DEG.35 MIN.13 SEG.WEST,A DISTANCE OF 1.89 FEET TO A POINT FOR CORNER; 11. SOUTH 53 DEG.21 MIN.15 SEC.EAST,A DISTANCE OF 34.42 FEET TO TiL poINT Of RI•GINNING CONTAINING 5,604 SQUARE FEET OR 0.1287 ACRE OF LAND. PRELIMINARY THIS DOCUMENT SHALL NOT BE HE ODRI)I D I OH ANY PUHPOlSI. AMD SWILL NOI UL USLO,VL-WL.0 OR RELIED UPON AS A FINAL. SURVEY DOCUMENT Docusign Envelope ID:622A3832-1BB0-4864-A72F-A79DADDA5DEA 11-03-2025 Information About Brokerage Services TREc Texas law requires all real estate license holders to give the following information about SING brokerage services to prospective buyers, tenants, sellers and landlords. EEXIORPORN ITT TEXAS REAL ESTATE COMMISSION 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 parties to a real estate transaction honestly and fairly. WRITTEN AGREEMENTS ARE REQUIRED IN CERTAIN SITUATIONS: A license holder who performs brokerage activity for a prospective buyer of residential property must enter into a written agreement with the buyer before showing any residential property to the buyer or if no residential property will be shown, before presenting an offer on behalf of the buyer. This written agreement must contain specific information required by Texas law. For more information on these requirements, see section 1101.563 of the Texas Occupations Code. Even if a written agreement is not required, to avoid disputes, all agreements between you and a broker should be in writing and clearly establish: (i)the broker's duties and responsibilities to you and your obligations under the agreement; and(ii)the amount or rate of compensation the broker will receive and how this amount is determined. 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 by the buyer or buyer's agent.An owners agent fees are not set by law and are fully negotiable. 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.A buyer/tenant's agent fees are not set by law and are fully negotiable. 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 an 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: o that the owner will accept a price less than the written asking price; o that the buyer/tenant will pay a price greater than the price submitted in a written offer;and o any confidential information or any other information that a party specifically instructs the broker in writing not to disclose,unless required to do so by law. A LICENSE HOLDER CAN SHOW PROPERTY TO A BUYER/TENANT WITHOUT REPRESENTING THE BUYER/TENANT IF: • The broker has not agreed with the buyer/tenant,either orally or in writing,to represent the buyer/tenant; • The broker is not otherwise acting as the buyer/tenant's agent at the time of showing the property; • The broker does not provide the buyer/tenant opinions or advice regarding the property or real estate transactions generally; and • The broker does not perform any other act of real estate brokerage for the buyer/tenant. Before showing a residential property to an unrepresented prospective buyer, a license holder must enter into a written agreement that contains the information required by section 1101.563 of the Texas Occupations Code. The agreement may not be exclusive and must be limited to no more than 14 days. 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. Advantage Real Estate 0566636 jonc2370sbcglobal.net (409)724-1000 Name of Sponsoring Broker(Licensed License No. Email Phone Individual or Business Entity) Jon Carona 376751 jonc2370sbcglobal.net (409)474-1090 Name of Designated Broker of Licensed License No. Email Phone Business Entity,if applicable Name of Licensed Supervisor of Sales License No. Email Phone Agent/Associate, if applicable jonc237Asbcglobal.net Name of Sales Agent/Associate License No. Email Phone Si_ 42 2/12/2026 Buyer/Tenant/Seller/Landlord Initials Date TABS 1-2 Regulated by the Texas Real Estate Commission Information available at www.trec.texas.gov TXR 2501 Jon Carona.908 Port Neches Ave Suite A Port Neches TX 77651 Phone:4094741090 Fax:409-724-0212 City of Port Arthur Jon Carona Produced with Lone Wolf Transactions(zipForm Edition)717 N Harwood St,Suite 2200,Dallas,TX 75201 www.lwolf.com EXHIBIT "B" (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: , 2026 Grantor: City of Port Arthur, a municipal corporation Mailing Address (including county): 444 4th Street Port Arthur, Texas 77641-1089 (Jefferson County) Grantee: Motiva Enterprises, LLC. a Delaware limited liability company Grantee's Mailing Address(including county): 500 Dallas Avenue, 34th Floor Houston,Texas 77702 (Harris County) Consideration: TEN AND NO/100 DOLLARS ($10.00) and other valuable consideration. Property (including any improvements): 0.1287 ACREPARCEL OF LAND OUT OF LOT 1,BLOCK8,RANGE"M"AND LOT 4,BLOCK 8, RANGE "L" OF THE PORT ARTHUR LAND COMPANY, VOL. ], PG. 22, MAP RECORDS OF JEFFERSON COUNTY, TEXAS. 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 for limited 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 t4e 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 By: Ronald Burton, CPM City Manager STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on day of 2026 by Ronald Burton, CPM, City Manager of the City of Port Arthur, Texas. Notary Public, State of Texas 2