1-RFB 2025-080 Bid Sale Package 3600 Riverbend Ln - Release.pdf

REQUEST FOR BID

RFB No. 2025-080 Property Bid Sale, 3600 River Bend Lane, Waco, Texas Issue Date: January 6, 2026

All Questions Due: January 23, 2026 at 5:00 P.M. CT Bid Closing Date & Time: February 6, 2026, 2:00 P.M. CT Bid Opening Date & Time: February 6, 2026, 2:01 P.M. CT

For Information Contact:

Paul Campos, Purchasing Agent, 254-750-8062, or pcampos@wacotx.gov

Pre-Bid Meeting (Non-Mandatory):

NOT SCHEDULED

RFB Opening Location:

Purchasing Services Office, 1415 N. 4th Street, Waco, Texas via Zoom Video Conferencing Only

Zoom & Dial-In Information:

Please see Page 3

Purchasing Services Post Office Box 2570 Waco, Texas 76702-2570 Telephone 254 / 750-8060

Fax 254 / 750-8063 waco-texas.com

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EUNA / BONFIRE ELECTRONIC BIDDING

The City of Waco is transitioning to Electronic Bidding, Proposals and Qualification (RFB/RFP & RFQ) submissions. These requests will be managed through the new City’s Data base system, EUNA / Bonfire.

We ask vendors to register with EUNA / Bonfire to access and respond to any advertisement for bids and services required by the City. Registration is secure and user friendly. Vendors can register at the link below. Once registered, vendors will be able to:

• Register with the City of Waco.

• Receive notifications for bids and services requests from the City.

• Stay updated on changes, addendums, open solicitations.

• Submit bids and proposals electronically.

• Vendors can inquire about the details and requirements of various bidding opportunities.

The City will still accept bids and proposals by mail or drop off. Notifications of changes, addendums and updates will also be available on the City’s website as well as other media outlets the City uses for solicitations.

The City appreciates your participation. If you have questions during the electronic bid/proposal process, please contact the issuing buyer, whose contact information can be found in the solicitation document. You can also contact EUNA / Bonfire with registration or customer support issues.

Website links to assist you: waco-texas.bonfirehub.com/login

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BID NUMBER:

DATE:

TIME: CENTRAL

QUICK LINK:

MEETING ID:

DIAL IN NUMBER:

PASS CODE:

ADDITIONAL

INFORMATION:

BID NUMBER:

DATE:

TIME: CENTRAL

QUICK LINK:

MEETING ID:

DIAL IN NUMBER:

PASS CODE:

ADDITIONAL

INFORMATION:

PRE BID/ PROPOSAL

BID/ PROPOSAL OPENING

ZOOM ACCESS INSTRUCTIONS & ADDITIONAL INFORMATION

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TABLE OF CONTENTS

Register Interest Form I. Schedule for Solicitation II. Contact with City of Waco III. Definitions IV. Bid – Submission and Award Procedures

Appendices

A. Property Information

(1) Property Description

(2) Exhibits

(3) Map

(4) Bid Form

B. Forms to Complete and Return (If a Business, additional forms will be required)

(1) Submission of and Acknowledgment of Addenda

(2) Self or Business Identification Form

(3) Conflict of Interest Questionnaire (CIQ form)

(4) Disclosure of Relationships with City Council/Officers (City Charter)

(5) Litigation Disclosure

(6) Texas Public Information Act

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RFB No. 2025-080

Property Bid Sale, 3600 River Bend Lane, Waco, Texas

Please Register for Notification

REGISTER INTEREST

You have received a copy of the above-described Request document. If you would like to register your interest in this project so that you will receive any future notices or addenda concerning the project, please fill in the information requested below and fax this page to 254-750-8063. You may also scan this page and email to: pcampos@wacotx.gov.

Company/Firm:

Name of Contact Person(s):

Email(s):

Telephone: Fax:

Mailing Address:

It is your responsibility to complete and return this form to the City. Failure to do so will result in your not receiving notices and addenda related to this project from the City of Waco.

Notices and addenda are posted on the City’s website and can be accessed at: https://waco-texas.bonfirehub.com/portal

City of Waco Purchasing Services Post Office Box 2570

Waco, Texas 76702-2570 Telephone 254 / 750-8060

Fax 254 / 750-8063 waco-texas.com

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I. SCHEDULE FOR SOLICITATION

The proposed schedule of events is tentative and may be modified throughout the selection process at the discretion of the City of Waco.

• Issuance of the RFB

• Pre-Bid Meeting 10:00 a.m. CT

• Deadline for Questions 5:00 p.m. CT

• Bid Open & Close Date 2:00 p.m. CT Via Zoom Video & Dial In February 6, 2026

Tentatively, the final selection decision will be made, and submitters will be notified of award by, February 20, 2026. This schedule is subject to change by the City.

II. CONTACT WITH CITY OF WACO

The contact person for this solicitation process is: Paul Campos, Purchasing Agent who can be reached at:

Email: pcampos@wacotx.gov Telephone: (254) 750-8062 Fax: (254) 750-8063

Questions concerning the solicitation can be submitted through the City of Waco’s Bonfire portal at https://waco-texas.bonfirehub.com/portal (preferred) or by email to the contact person listed above.

Official Address (if needed) - City of Waco Purchasing Services

Attn: Paul Campos, Purchasing Agent 1415 North 4th Street Waco, Texas 76707

Contact someone other than the Purchasing Agent listed above, or his/ her designated representative at the City of Waco concerning this solicitation may be grounds for removal from consideration.

Interpretation, modification, corrections, or changes to the solicitation documents will be made by addenda issued by the City of Waco. Addenda will also be made available through the City of Waco’s Bonfire portal at https://waco-texas.bonfirehub.com/portal. Interested professional service providers are encouraged to return the Register Interest form on the previous page.

January 6, 2026

NOT SCHEDULED

January 23, 2026

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III. DEFINITIONS

The following definitions apply to this document and the transaction between the City and the selected submitter unless otherwise designated in the context. Terms, which are singular, may include multiple, where applicable and when in the best interests of the City:

(1) “City” means and refers to the City of Waco, Texas.

(2) “Company” or “Firm” means and refers to any submitter, whether such submitter be a sole proprietor, corporation, company, partnership, company, or any other entity legally defined or recognized under the laws of the State of Texas.

(3) “Bid” or “Submission” refers to a response submitted to an RFB.

(4) “RFB” means and refers to a Request for Bid that will be awarded based on lowest responsible bid or best value to City of Waco.

(5) “Selected submission” means and refers to the submission sent to the City of Waco by the

Selected Firm.

(6) “Selected Firm” means the firm who is selected by the City and to whom the City Council/City

Manager awards a contract for the services or commodities requested in this solicitation.

(7) “Qualified Firms” means registered and in good standing with State of Texas Secretary of

State.

(8) “Qualified Individual” means an individual with no delinquent tax accounts for City, School

District, Community College or County Taxing Entities; no past due amounts owed to the City for mowing, water bills, library fines, hotel sales tax, abatement of other nuisances by the City or demolition of substandard structures.

(9) “Solicitation” means an RFB issued by the City Waco seeking products or services described in the document.

(10) “Submitter” or “Vendor” or “Bidder” or “Contractor” means a firm that submits a response to a solicitation.

(11) “Contract documents” includes the RFB and all the Appendices attached to the RFB.

(12) “Day” where noted, means a Calendar day (Continuous days) a Business day is Monday through

Friday as defined.

(13) “Pre-qualification letter” means a letter from either a bank for proof cash funds or from a loan officer for a loan pre-approval letter.

(14) "Disqualified” refers to submission(s) that are null, void, and ineligible.

(15) Awarded or Winning Bidder” means the bidder who provided the highest bid and complied

(16) with all requirements listed herein.

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IV. REQUEST FOR BIDS – SUBMISSION AND AWARD PROCEDURES

I. The City of Waco is accepting bids for the purchase of a city-owned house and approximately five (5) acres of land. All responsive bids will be presented to the City Council for consideration at the first feasible council meeting.

The City Council reserves the right to reject any or all bids. The City may waive any defect, irregularity, or informality in any bid or bidding procedure, at its sole discretion.

Important Disclosures:

• The City will not provide or pay for title insurance, a current survey, or brokerage fees.

• A title policy may be obtained by the Purchaser at the Purchaser’s expense.

• A sample Offer to Purchase Agreement is attached and must be used if the buyer intends to obtain a title policy and/or survey.

• The City makes no guarantee as to the availability of utilities on the property.

Bids that do not comply with the Instructions for Bidders may be disqualified at the sole discretion of the City of Waco.

Bid forms and Instructions for Bidders may be obtained from the City of Waco, Purchasing Services at the City of Waco Operations Center, 1415 N. 4th St., Waco, Texas 76707 or on the City of Waco website (http://www.waco- texas.com/bids.asp).

Inquiries concerning bidding directions and forms may be directed to Paul Campos, Purchasing Services, City of Waco at (254) 750-8062, PCampos@wacotx.gov.

Inquiries concerning property questions may be directed to Kendra Anderson-Davis, Property Manager, City of Waco. Best form of communication is email at kendraA@wacotx.gov.

II. Each potential purchaser should carefully read this information and evaluate these

Terms and Conditions prior to submitting a bid.

Terms & Conditions:

1. Execution of Agreement & Earnest Money Deposit

• The highest bidder must execute the City of Waco’s Purchase and Sale Agreement (see Exhibit A) within 15 business days of bid acceptance.

• Earnest money is due within 5 business days of agreement execution. If not received, the agreement becomes null and void, and the City may contact the next highest bidder.

• If contacted, the second-highest bidder will have 15 business days to execute the agreement and deposit earnest money.

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2. Conveyance & Property Condition

• The property is leased through July 1, 2026.

• Possession available on July 2, 2026, closing and funding are flexible and may occur before that date.

• The property will be conveyed by Special Warranty Deed (see Exhibit B).

• The property is sold “AS IS.” The City makes no guarantee regarding:

o Condition of the house o Availability of utilities o Suitability for construction, habitation, or any particular use o Compliance with codes or ordinances

• It is the bidder’s sole responsibility to investigate: zoning, codes, encumbrances, physical conditions, and all other aspects of the property. A inspection maybe completed during the contingency/feasibility period, if requested on bid form.

3. Environmental Reports

• An Environmental Report may be obtained at the Purchaser’s expense during the contingency/feasibility period, if requested on the bid form.

4. Survey

• The City has not obtained a current survey. Field notes are provided.

• A survey may be obtained at the buyer’s expense during the contingency/feasibility period, if requested on the bid form.

5. Closing

• At closing, the title company will either:

• Return earnest money to the purchaser, or

• Apply the earnest money to the purchase price, at the purchaser’s option.

• City requires 15 business days before the scheduled closing date to receive the closing documents for review and signatures.

6. Title Policy & Costs

• Purchaser may obtain a title policy at their own expense.

• Purchaser is responsible for any title-related costs, including curing shortages if applicable.

• The City will not pay brokerage commissions or fees.

7. Disclaimers

• No oral guarantees or assurances have been made regarding the property.

• No City employee is authorized to make representations beyond what is provided in the bid documents.

• Bidders are expected to perform their own due diligence before submitting a bid.

8. Taxes

• The City of Waco is exempt from property taxes. There will be no tax proration at closing.

9. Mineral Rights

• The City will NOT convey interest in all oil, gas, and other minerals in and under, and that may be produced from, the property.

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Any deviation from the following instructions may, at the sole discretion of the City of Waco, result in disqualification of the bidder and/or automatic rejection of the bid. However, the City reserves the right to waive minor deviations in bid responses.

1. Submission Location and Delivery Methods

All bids must be submitted to:

Bids may be delivered in person or via delivery service to the street address above. If mailing, use the following address:

City of Waco – Purchasing Services City of Waco Operations Center 1415 N. 4th Street Waco, Texas 76707 Attn: Paul Campos

2. Deadline and Time Stamping Requirement

Bids must be physically received and time-stamped in the Purchasing Services office by the advertised bid closing time in order to be considered. Postmarks will not be accepted as proof of timely delivery. Late bids, regardless of mailing date or carrier, will not be considered.

3. Envelope Requirements Each bid must be sealed in an envelope labeled only with:

• The name of the bidder

• The address of the property being bid on

4. Official Forms and Required Documents All bids must be submitted using the official Bid Form included in the Bid Invitation. All requested information must be provided in the required format. The successful bidder must also complete and submit: Reference, Appendix B.

• Conflict of Interest Questionnaire (Form CIQ)

• Disclosure of Relations Form

5. Tax Delinquency Restriction No property will be sold to any individual or entity with a past-due tax account.

City of Waco – Purchasing Services City of Waco Operations Center 1415 N. 4th Street Waco, Texas 76707 Attn: Paul Campos

III. RULES FOR BIDDING

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6. Right to Review and Reject Bids The Waco City Council reserves the right to review all bids and award the property to the bidder it deems most acceptable. The Council may reject any or all bids at its sole discretion.

7. Bid Deadline All bids must be submitted by 2:00 PM on February 6, 2026, at the Purchasing Services Office. Late bids will not be accepted under any circumstances.

8. Public Bid Opening Bids will be opened at a public meeting held at 2:01 PM on February 6, 2026 via Zoom Conferencing from the City of Waco Operations Center, 1415 N. 4th St., Waco, Texas.

Bid results will be available by contacting the Purchasing Office or visiting the City of Waco website on the next business day after the opening.

9. Purchase Agreement or Deed Transfer Options The successful bidder must choose one of the following options:

(a) Execute a Purchase and Sale Agreement, provide a proof of funds letter, and obtain a title policy. (see Exhibit A – Sample Purchase and Sale Agreement), or

(b) Execute a Cash Purchase and Sale Agreement, receive a Special Warranty Deed with full cash payment and no title policy. In this case: Full payment must be made within 25 days of the effective date. Within 15 days after City Council approval, a Special Warranty Deed will be recorded.

10. Failure to Execute or Deposit Earnest Money If the successful bidder fails to execute a purchase agreement or deposit earnest money with the title company within the prescribed timeframe—or if the bid is deemed invalid —the first-place bid will be disqualified. The second-place bidder will then be considered the successful bidder and must submit full payment by 5:00 PM on the next business day after being notified by the City.

11. Acknowledgment of Terms By submitting a bid, the bidder acknowledges having read and agreed to these Instructions for Bidders, which govern the sale of the property.

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PCampos Highlight

APPENDIX A

Property Information

(1) Property Description

(2) Exhibits

(3) Map

(4) Bid Form

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Property Description

Sealed bids addressed to the City Council of the City of Waco for the purchase of a residential house and approximately 5.485 acres, more or less, out of the Lewis Moore Survey, Abstract 27 being more particularly described in that certain Special Warranty Deed dated June 22, 2023, from Barbara Hays and David Hays, husband and wife, to The City of Waco, recorded as 2023019165 in the Deed Records of McLennan County. Texas, and being more fully described in Exhibit C legal description attached hereto will be accepted in the City of Waco Purchasing Office, located in the City of Waco Operations Center, 1415 N. 4th St., Waco, Texas 76707 until 2:00 PM

The Riverfront Retreat on 5 Acres is a Spacious, Secluded, and Full of Possibility.

Tucked away on five serene acres along the river, this rare property offers the perfect balance of space, comfort, and natural beauty. With 4 bedrooms and 2 versatile flex rooms, there's room to grow, create, or simply unwind.

The expansive living room centers around a striking rock-and-brick fireplace—ideal for cozy nights or gatherings with friends. A wall of windows in the oversized sunroom brings the outdoors in, offering uninterrupted views of the water and surrounding trees. The kitchen features a generous walk-in pantry and connects seamlessly to both a formal dining room and a bright breakfast nook overlooking the sunroom. The floorplan flows beautifully, offering generous open spaces that make entertaining and hosting large family gatherings effortless.

With 2 full baths, a two-car carport, functionality matches charm. thoughtfully converted garage featuring two oversized flex rooms, there’s ample space for hobbies, business, indoor storage, or the option to create additional bedrooms to suit your needs.

Water is Chalk Bluff Water Supply. Whether you're looking for a full-time sanctuary or a weekend escape, this secluded riverfront home is a rare find—spacious, private, and ready for your next chapter. Property needs modernization. Some repairs and updates needed.

Items may not be in working condition. Property to be purchased in “As Is Condition”

I.

II.

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3600 River Bend Lane

**Property lines shown are approximate**

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FACTS REGARDING PROPERTY OFFERED FOR SALE

EXHIBITS

EXHIBIT A

Sample Purchase Sale Agreement

EXHIBIT B

Sample of Special Warranty Deed

EXHIBIT C

Legal Description and Survey

EXHIBIT D

TREC Seller's Disclosure

EXHIBIT E

TREC Addendum For Seller's Disclosure of Information on Lead Based Paint and Lead-Based Paint Hazards as Required by Federal Law

EXHIBIT F

Current Deed

EXHIBIT G

Floorplan

EXHIBIT H

Title Property Profile including restrictions, easements, minerals and other exceptions

EXHIBIT I

EXHIBIT J

Deed Restrictions

Flood Plain Map

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PURCHASE AND SALE AGREEMENT FOR REAL PROPERTY

THIS PURCHASE AND SALE AGREEMENT (this “Agreement”) is entered into as of ______________, 2026, between ________________________________ (“ Purchaser”) and THE CITY OF WACO, TEXAS (“Seller”).

In consideration of the mutual covenants set forth herein and in consideration of the earnest money deposit herein called for, whose receipt and sufficiency are acknowledged by Seller, the parties agree as follows:

Section 1. Sale and Purchase Agreement. Seller shall sell, convey, and assign to Purchaser, and Purchaser shall purchase and accept from Seller, for the Purchase Price (defined below) and on and subject to the terms and conditions herein set forth, the real property located at 3600 River Bend Lane, Waco Texas, 76707 in McLennan County. Legally described as +/- 5.485 acres, Tract 1C out of Lewis Moore Survey.

MCAD Property ID 111298, described as further in Exhibit A, together with all improvements thereon and all rights and interests appurtenant thereto, including all of Seller’s right, title, and interest in and to adjacent streets, alleys, rights-of-way, and any adjacent strips and gores of real estate (the “Property”).

Except as expressly provided elsewhere in this Agreement, Purchaser is acquiring the Property “AS IS, WHERE IS, WITH ALL FAULTS OF ANY KIND OR NATURE WHATSOEVER”. Purchaser is purchasing the Property under the express understanding that Seller makes no express or implied warranty or representation of any kind or nature whatsoever regarding the Property except as provided in this Agreement. Purchaser acknowledges and declares that it has inspected the Property and is buying the Property based upon its own examination and judgment. Purchaser acknowledges that neither Seller, nor any person acting on behalf of Seller, has made any representations or warranties with respect to the Property except as provided in this Agreement. Purchaser further acknowledges that any and all due diligence materials (if any) that have been provided by Seller has been provided without any representation, expressed or implied, as to their content, suitability for any purpose, accuracy, truthfulness or completeness, and Purchaser agrees and acknowledges that it will not have any recourse against Seller in the event of any errors or omissions in any such due diligence materials.

Section 2. Purchase Price. The price for which Seller shall sell, convey, and assign the Property to Purchaser, and which Purchaser shall pay to Seller, is $____________. (“Purchase Price”).

Section 3. Earnest Money. Within five (5) business days after the execution hereof, Purchaser shall deliver to _______________________________________________(“Title Company”), funds in the amount of $__________ (minimum 1% of Sale Price), which Title Company shall immediately deposit for collection. As used in this Agreement, the term “Earnest Money” shall mean the amount so deposited by Purchaser, together with all interest earned thereon while in the custody of Title Company. Seller and Purchaser stipulate that Purchaser’s agreement to so deposit the Earnest Money is sufficient consideration to support this Agreement notwithstanding Purchaser’s rights under Section 6; however, if Purchaser does not timely deposit the Earnest Money, then this Agreement shall terminate and be of no further force or effect.

Section 4. Delivery of Information by Seller.

Seller has delivered to Purchaser copies of all engineering and technical reports in the possession of Seller or its representatives that concern the Property, including without limitation soils testing reports and reports of environmental or hazardous waste inspections or surveys in the Request for Bids.

Section 5. Title.

Purchaser shall be entitled to obtain, at Purchaser’s own election and expense, a policy of title insurance

EXHIBIT ARFB 2025-080 Page 16

(“Title Policy”) issued by Title Company, dated at or after closing and insuring 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) The standard printed exception for standby fees, taxes and assessments;

(2) Reservations or exceptions otherwise permitted by this Agreement or as may be approved by such Purchaser in writing;

(3) The standard printed exception as to marital rights;

(4) The standard printed exception as to waters, tidelands, beaches, streams, and related matters; and

(5) The standard printed exception as to discrepancies, conflicts, shortages in area or boundary lines, encroachments or protrusions, or overlapping improvements. Purchaser may have the exception amended to read, “shortages in the areas, at the Purchaser’s own expense.”

Purchaser understands and acknowledges that the Property will be conveyed by special warranty deed, and it is Purchaser’s duty and obligation to confirm with the Title Company the availability of a Title Policy on the Property it is acquiring prior to the expiration of the Contingency Period (defined below).

The Purchaser may request a commitment for title insurance for the Property the Purchaser is acquiring (the “Commitment”) and, at the Purchaser’s expense, legible copies of restrictive covenants and documents evidencing exceptions in the Commitment (the “Exception Documents”).

Purchaser shall have the right to object in writing to any liens, encumbrances, and other matters reflected on the Title Commitment or Survey within 10 days after receiving. All such matters to which Purchaser so objects shall be “Non-Permitted Encumbrances.” If no such notice of objection is given during the 10 days, all matters reflected by the Survey and Title Commitment, other than liens, shall be “Permitted Encumbrances.”

Seller shall have the right, but not the obligation, at its cost, to cure or remove all Non-Permitted Encumbrances and give Purchaser written notice thereof within twenty (20) days after the Contingency Period expires. If Seller does not timely cause all of the Non-Permitted Encumbrances to be removed or cured, and timely written notice thereof to be given to Purchaser, then Purchaser may either (a) terminate this Agreement in accordance with Section 10 by delivering notice to Seller within twenty (20) days after the end of the Contingency Period, or (b) purchase the Property subject to the Non-Permitted Encumbrances in which case, such Non-Permitted Encumbrances shall be Permitted Encumbrances.

Purchaser, at Purchaser’s expense, may obtain a new survey. (the “New Survey”)

Section 6. Seller’s Representations, Warranties, and Covenants. Seller represents and warrants to, and covenants with, Purchaser that:

(a) Seller has full right, power, and authority to execute and deliver this Agreement and to consummate the purchase and sale transactions provided for herein without obtaining any further consents or approvals from, or the taking of any other actions with respect to, any third parties. This Agreement, when executed and delivered by Seller and Purchaser, will constitute the valid and binding agreement of Seller, enforceable against Seller in accordance with its terms.

(b) Seller is aware that the dwelling is located in an AE floodplain and a 100-year floodplain.

For the purpose of this notice: Property is identified on the flood insurance rate map as a special flood hazard

RFB 2025-080 Page 17 area, which is designated as Zona A, V, A99, AE, AO, AH, VE, or AR on the map and the “100-year floodplain” means any area of land designated as a flood hazard area with one percent or greater chance of flooding each year by the Federal Emergency Management Agency under the National Flood Insurance Act of 1968.”Flooding” means a general or temporary condition of practical or complete inundation of a dwelling caused by (a) overflow of inland or tidal waters; (b) the unusual and rapid accumulation of run off or surface waters from any established water source such as a river, stream, or drainage ditch; or (c) excessive rainfall.

(c) There are no actions, suits, claims, assessments, or proceedings pending or, to the knowledge of Seller, threatened that could adversely affect the ownership, operation, or maintenance of the Property or Seller’s ability to perform hereunder.

(d) All bills and other payments due with respect to the ownership, operation, and maintenance of the Property have been paid or will be paid prior to Closing in the ordinary course of business.

(e) From the date hereof until the Closing Date, Seller shall not: (1) commit or permit to be committed any waste to the Property; or (2) enter into any agreement or instrument or take any action that would encumber the Property after Closing, that would bind Purchaser or the Property after Closing, or that would be outside the normal scope of maintaining and operating the Property.

Section 7. Purchaser’s Representations, Warranties, and Covenants. Purchaser represents and warrants to, and covenants with, Seller that Purchaser has full right, power, and authority to execute and deliver this Agreement and to consummate the purchase and sale transactions provided for herein without obtaining any further consents or approvals from, or the taking of any other actions with respect to, any third parties. This Agreement, when executed and delivered by Seller and Purchaser, will constitute the valid and binding agreement of Purchaser, enforceable against Purchaser in accordance with its terms.

See Exhibit “I” for the additional deed restrictions that will be added to the property.

Purchaser agrees to raise any City of Waco operations compliance issues/questions directly with the City Manager and Infrastructure Services Director before contacting State regulators or any public forums.

Section 8. Closing. The closing (the “Closing”) of the sale of the Property by Seller to Purchaser shall occur on a mutually agreeable date and time on or before _______________(the “Closing Date”), in the offices of Title Company. Within 20 days after the Title Company receives a copy of this contract, Title shall furnish to Buyer a commitment for title insurance. Seller authorizes the Title Company to deliver the Commitment and Exception Documents to Buyer at Buyer's expense. 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 10 days before the closing date, whichever is earlier.

Title company will provide to Seller, at least 10 business days prior to the Closing Date, all closing documents for Seller to review. If the Title Company does not provide all necessary closing documents to Seller within 10 business days of the Closing Date, Closing Date will be automatically rescheduled to allow 10 business days for Seller to review Closing documents required for Seller's signature. The Closing Date shall be automatically extended not to exceed 30 days from the Closing Date.

At the Closing the following, which are mutually concurrent conditions, shall occur:

(a) Purchaser, at its expense, shall deliver or cause to be delivered to Seller the following:

RFB 2025-080 Page 18

(1) Evidence satisfactory to Seller and Title Company that the person executing the Closing documents on behalf of Purchaser has full right, power, and authority to do so.

(2) Special Warranty Deed in the form that is agreeable to the Purchaser, fully executed and acknowledged by Seller, conveying the Property to Purchaser, subject only to the Permitted Encumbrances;

The Special Warranty Deed shall grant The City of Waco the first right of refusal to purchase the property at fair market value per an appraisal, should the purchaser sell the property in the future.

See Exhibit “I” for the additional deed restrictions that will be added to the property. The Special Warranty Deed shall include additional deed restrictions regarding the use of the property, which will include the following:

(a.) Notwithstanding anything to the contrary, Seller hereby expressly reserves and retains 50% of oil, gas, and other minerals in, on, and under the Property, together with the full rights of ingress and egress at the surface for the purpose of exploring, developing, producing, and marketing same, unless otherwise limited by law. Purchaser shall acquire no interest in the oil, gas, or other minerals. Notice: 50% of the oil, gas and minerals are reserved by Barbara Hays and Spouse, David Hays, or heirs, successor, and assigns forever.

(b) Seller, at its expense, shall deliver or cause to be delivered to Purchaser the following:

(2) Evidence satisfactory to Purchaser and the Title Company that the persons executing and delivering the Closing documents on behalf of Seller have full right, power and authority to do so;

(3) Certificate executed by Seller stating that, as of the Closing Date, each of Seller’s representations and warranties set forth in Section 7 is true and correct;

(4) Certificates from the tax collectors for any other political subdivisions that assesses property taxes showing that (i) no taxes, interest, penalties or costs remain unpaid with respect to the Property for any time prior to the Closing Date and (ii) the Property has not been (or is not being) assessed on a productive value basis rather than a fair market value basis; and

(5) Such other instruments as are customarily executed in Texas to effectuate the conveyance of property similar to the Property, with the effect that, after the Closing, Purchaser will have succeeded to all of the rights, titles, and interests of Seller related to the Property and Seller will no longer have any rights, titles, or interests in and to the Property, other than pursuant to the liens securing payment of the Note.

(c) All normal and customarily proratable items, including without limitation real estate and personal property taxes, utility bills, and insurance premiums shall be prorated as of the Closing Date, Seller being charged and credited for all of same up to such date and Purchaser being charged and credited for all of same on and after such date. If the actual amounts to be prorated are not known as of the Closing Date, the prorations shall be made on the basis of the best evidence then available, and thereafter, when actual figures are received, a cash settlement will be made between Seller and Purchaser. Notwithstanding the foregoing, there shall not be prorated, and Seller shall be solely responsible for and shall indemnify Purchaser from, any subsequent tax assessments of any type for prior years due to change in land usage or ownership, including without limitation any taxes imposed under Sections 23.55 and 23.76 of the Texas Property Tax Code pertaining to land previously appraised for usage as timber land or agricultural land.

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(d) Title Company shall return the Earnest Money to Purchaser or, at Purchaser’s option, apply the Earnest Money to the Purchase Price.

(e) Upon completion of the Closing, Seller shall deliver to Purchaser possession of the Property free and clear of all tenancies of every kind and parties in possession, in the same condition as on the date hereof, normal wear only excepted.

(f) Purchaser shall pay all costs of all document preparation, including but not limited to, deed preparation, title policy, new survey, environmental studies, and shall also pay additional closing and filing fees charged by the Title Company.

Section 9. Destruction, Damage, or Taking Before Closing. If, before Closing, all or any part of the Property is destroyed or damaged, or becomes subject to condemnation or eminent domain proceedings, then Seller shall promptly notify Purchaser thereof. Purchaser may elect to proceed with the Closing (subject to the other provisions of this Agreement) by delivering notice thereof to Seller within five (5) business days of receipt of Seller’s notice respecting the damage, destruction, or taking, but Purchaser shall be entitled to all insurance proceeds or condemnation awards payable as a result of such damage or taking and, to the extent the same may be necessary or appropriate, Seller shall assign to Purchaser at Closing Seller’s rights to such proceeds or awards. If, within five (5) business days of receipt of Seller’s notice respecting the damage, destruction, or taking, Purchaser notifies Seller of its intent to terminate this Agreement, or if Purchaser gives no notice within such period, then Purchaser shall be deemed to have terminated this Agreement pursuant to Section 10(b).

Section 10. Termination and Remedies.

(a) If Purchaser fails to consummate the purchase of the Property pursuant to this Agreement for any reason other than termination hereof pursuant to a right granted to Purchaser in Sections 5, 6, 7, and 9, then Seller, as its sole remedy, shall have the right to terminate this Agreement by notifying Purchaser thereof, in which event Title Company shall deliver the Earnest Money to Seller as liquidated damages, whereupon neither Purchaser nor Seller shall have any further rights or obligations hereunder.

(b) If Purchaser terminates this Agreement pursuant to Section 5, 6, 7, or 9, then Title Company shall return the Earnest Money to Purchaser, whereupon neither party hereto shall have any further rights or obligations hereunder.

(c) If Seller fails to consummate the sale of the Property pursuant to this Agreement for any reason other than Purchaser’s failure to perform its obligations hereunder or termination hereof by Purchaser in accordance with Section 10(b), then Purchaser shall have the right to: (A) terminate this Agreement by notifying Seller thereof, in which case Title Company shall return the Earnest Money to Purchaser and neither party hereto shall have any further rights or obligations hereunder; (B) enforce specific performance of the obligations of Seller hereunder; or (C) seek all other rights, recourses, or remedies available to Purchaser whether hereunder, at law, or in equity, said rights, remedies, and recourses being cumulative.

(d) The provision for payment of liquidated damages in Section 10(a) has been included because, in the event of a breach by Purchaser, the actual damages to be incurred by Seller can reasonably expected to approximate the amount of liquidated damages called for herein and because the actual amount of such damages would be difficult if not impossible to measure accurately.

Section 11. Broker Fee. Purchaser shall pay all real estate agent’s sales commission or fees.

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Section 12. Notices. All notices provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States mail, addressed to the party to be notified, postage prepaid and registered or certified with return receipt requested; by delivering the same in person to such party; or by facsimile copy transmission. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice, the addresses of the parties shall be as follows:

If to Seller, to: To: The City of Waco City Manager’s Office Attention: Kendra Anderson P.O. Box 2570 Waco, Texas 76702-2570

If to Purchaser, Name:

Address:

Either party hereto may change its address for notice by giving three (3) days prior written notice thereof to the other party.

Section 13. Assigns; Beneficiaries. This Agreement shall inure to the benefit of and be binding on the parties hereto and their respective heirs, legal representatives, successors, and assigns. This Agreement is for the sole benefit of Seller and Purchaser, and no third party is intended to be a beneficiary of this Agreement.

Section 14. Governing Law; Venue. This Agreement shall be governed and construed in accordance with the laws of the State of Texas. Venue on any dispute arising hereunder shall be at McLennan County, Texas.

Section 15. Time. Time is of the essence in this Agreement. The parties require strict compliance with the times for performance. If the last day to perform under a provision of this Agreement falls on a Saturday, Sunday, or legal holiday, the time for performance is extended until the end of the next day which is not a Saturday, Sunday, or legal holiday.

Section 16. Contingent on Council approval. This Agreement is contingent upon the City Council approving the Agreement and authorizing the City Manager to execute the Closing Documents.

Section 17. Entire Agreement. This Agreement is the entire agreement between Seller and Purchaser concerning the sale of the Property, and no modification hereof or subsequent agreement relative to the subject matter hereof shall be binding on either party unless reduced to writing and signed by the party to be bound.

All Exhibits attached hereto are incorporated herein by this reference for all purposes.

Executed as of the date first set forth above with the __________________ Effective date as the date the title company received earnest money.

SELLER:

THE CITY OF WACO, TEXAS

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By: ________________________________ City Manager

PURCHASER:

By: _______________________________

Contract Receipt

Receipt of the Contract is acknowledged.

Escrow Agent Email Address Date/Time

Received by

Address Phone

City State Zip

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Schedule of Exhibits

A - Meets and Bounds Legal Description of Property B - Special Warranty Deed

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EXHIBIT “A”

PROPERTY LEGAL DESCRIPTION AND MEETS AND BOUNDS

FIELD NOTES FOR A 5.485 ACRE TRACT OF LAND LOCATED IN THE LEWIS MOORE SURVEY,

ABSTRACT 27, MCLENNAN COUNTY, TEXAS, AND BEING ALL OF A CALLED 5.140 ACRE TRACT

DESCRIBED IN A DEED TO BARBARA HAYS RECORDED UNDER MCLENNAN COUNTY CLERK’S

DOCUMENT (M.C.C.D) 2006021694 OF THE OFFICIAL PUBLIC RECORDS OF MCLENNAN COUNTY,

TEXAS (O.P.R.M.C.T.). SAID 5.485 ACRE TRACT BEING MORE PARTICULARLY SHOWN ON THE

ATTACHED LAND TITLE SURVEY DRAWING AND DESCRIBED BY METES AND BOUNDS AS

FOLLOWS:

BEGINNING AT A 1/2" IRON ROD WITH CAP STAMPLED “WALKER PARTNERS” SET MARKING

AN ELL CORNER IN THE NORTHERLY RIGHT-OF-WAY (R.O.W) LINE OF RIVER BEND LANE (50’

WIDE R.O.W TRACT – DESCRIBED IN A DEED TO COUNTY OF MCLENNAN, STATE OF TEXAS

RECORDED IN VOLUME 1314, PAGE 378 OF THE DEED RECORDS OF MCLENNAN COUNTY,

TEXAS), ALSO BEING IN THE COUTH LINE OF A CALLED 147.556 ACRE TRACT, MARKING THE

MOST MORTHERLY OR MORTHEAST CORNER OF THE ABOVE-MENTIONED 5.140 ACRE TRACT

AND THE HEREIN DESCRIBED TRACT;

THENCE S 33°03'26" E - 333.22' WITH THE WESTERLY R.O.W. LINE OF RIVER BEND ROAD, AND THE WESTERLY LINE OF THE 50’ WIDE R.O.W. TRACT TO A 1/2” IRON ROD WITH CAP STAMPED

“WALKER PARTNERS” SET, MARKING THE NORTHEAST CORNER OF A CALLED 7.55 ACRE

TRACT DESCRIBED IN A DEED TO CRAIG D. POLLARD UNDER M.C.C.D 2016002775 OF THE

O.P.R.M.C.T., ALSO MARKING THE SOUTHEST CORNER OF THE 5.140 ACRE TRACT AND THE

HEREIN DESCRIBED TRACT, FROM WHICH A 3-1/2” METAL POST FOUND IN SAID R.O.W. LINE AT

THE SOUTHEAST CORNER OF THE 7.55 ACRE TRACT BEARS S 33°03'26" E -417.35';

THENCE S 56°18'40" W- 766.21' LEAVING SAID R.O.W. LINE WITH THE COMMON LINE OF THE

5.140 ACRE TRACTS TO A POINT ON THE GRADIENT BOUNDARY LINE ALONG THE EAST LOWER

BANK OF THE BRAZOS RIVER FOR THE NORTHWEST CORNER OF THE 7.55 ACRE TRACT, SAME

BEING THE SOUTHWEST CORNER OF THE 5.140 ACRE TRACT AND OF THE HEREIN DESCRIBED

TRACT, FROM WHICH A 3/8" IRON ROD FOUND FOR REFERENCE ATOP THE HIGH BANK BEARS N

56°19'13" E-48.76';

THENCE WITH THE GRADIENT BOUNDARY LINE OF THE BRAZOS RIVER AND ITS

MEANDERS, GENERALLY ALONG THE FOLLOWING TWO (2) CALLS:

1. N 16°51'59" W - 315.65' TO A POINT,

2. N 15°47'41" W- 32.08' TO A POINT FOR THE SOUTHWEST CORNER OF THE SAID

147.556 ACRE TRACT, ALSO BEING THE NORTHWEST CORNER OF THE 5.140 ACRE

TRACT AND OF THE HEREIN DESCRIBED TRACT, FROM WHICH A 1/2" IRON ROD

WITH CAP STAMPED "WALKER PARTNERS" SET FOR REFERENCE ATOP THE HIGH

BANK BEARS N 56°15'55" E - 50.00';

THENCE N 56°15'55" E- 668.67' WITH THE COMMON LINE OF THE 5.140 ACRE AND 147.556 ACRE

TRACTS GENERALLY ALONG A FENCE RETURNING TO THE POINT OF BEGINNING AND

CONTAINING 5.485 ACRES OF LAND AS SURVEYED BY KEVIN R. HESSEL, REGISTERED

PROFESSIONAL LAND SURVEYOR, NO. 5344 ON JUNE 09, 2023. BEARINGS CITED WITHIN THIS

DESCRIPTION ARE BASED ON TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, TEXAS

CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS.

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EXHIBIT “B”

NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR

YOUR DRIVER’S LICENSE NUMBER.

SPECIAL WARRANTY DEED

Date:

Grantor: City of Waco, Texas, a municipal corporation P.O. Box 2570 Waco, Texas 76702

Grantee:

Consideration: Good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.

Property (including any improvements):

3600 River Bend Lane, Waco, Texas, 76707 in McLennan County. Legally described as +/- 5.14 acres, Tract 1C out of Lewis Moore Survey. MCAD Property ID 111298 is described further in Exhibit A1.

Reservations from Conveyance:

This Property is hereby encumbered by the restrictions hereinafter set forth to ensure the development and improvement of a neighboring tract of land: approximately 147.556 acres out of the CB Emmons Survey, Buster Chatham Road, McLennan County, Texas, MCAD Property I.D. 111008 (“Tract”).

The right to protest any Permit Application for a Municipal Wastewater Treatment Plant to be located on any part of the Tract is waived.

The right to protest any permit or permit application for operation, maintenance, construction, and/or expansion of any Municipal Wastewater Treatment Plant to be located or located on any part of the Tract is waived, No individual sewage disposal system shall be permitted on any Tract unless the system is designed, located, and constructed in accordance with the requirements, standards, and recommendations of any state, county, municipal, or other governmental subdivision, or agency having lawful authority pertaining thereto. Approval of the system as installed shall be obtained from that authority.

“Protest”—in (1) and (2) above—includes (but is not limited to) submitting comments in opposition, requesting a public meeting, requesting a contested case hearing, and filing a request for reconsideration.

The Declarant, or any Owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, and reservations now of hereafter imposed by the provisions of the Declaration. Failure to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.

The covenants, conditions, and restrictions of the Declaration shall run with and bind the land, and shall inure to the benefit of, and be enforceable by, the Declarant, the Owner of the Property, the Owner of the Tract, and their respective legal representatives, heirs, successors, and assigns, and unless amended as provided here, shall be effective for a term of twenty-five (25) years from the date the Declaration is recorded, after which time said covenants, conditions, and restrictions shall automatically be extended for successive periods of ten (10) years.

For Grantor and Grantor’s heirs, successors, and assigns forever, Grantor hereby reserves and does not convey any interest in all oil, gas, and other minerals in and under and that may be produced from the property.

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Exceptions to Conveyance and Warranty: Validly existing easements, right-of-way, and prescriptive rights, whether of record or not; all presently recorded and validly existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral interests, and water interests outstanding in persons other than grantor, and other instruments, other than conveyances of the surface estate, that affect the Property; validly existing rights of adjoining owners in any walls and fences situated on a common boundary; and discrepancies, conflicts, or shortages in area or boundary lines; any encroachments or overlapping of improvements.

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.

When the context requires, singular nouns and pronouns include the plural.

IN TESTIMONY WHEREOF, Grantor has caused these presents to be executed on the date set forth in the acknowledgement attached hereto, TO BE EFFECTIVE as of the date listed above.

City of Waco, Texas, a municipal corporation

Bradley Ford, City Manager

ATTEST:

STATE OF TEXAS

COUNTY OF MCLENNAN

This instrument was acknowledged before me on _________ ___, 20__, by

_______________________, ________________ of City of Waco, Texas, a municipal corporation

(Name) (Title)

Notary Public, State of Texas

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EXHIBIT “A1”

FIELD NOTES FOR A 5.485 ACRE TRACT OF LAND LOCATED IN THE LEWIS MOORE

SURVEY, ABSTRACT 27, MCLENNAN COUNTY, TEXAS, AND BEING ALL OF A CALLED

5.140 ACRE TRACT DESCRIBED IN A DEED TO BARBARA HAYS RECORDED UNDER

MCLENNAN COUNTY CLERK’S DOCUMENT (M.C.C.D) 2006021694 OF THE OFFICIAL

PUBLIC RECORDS OF MCLENNAN COUNTY, TEXAS (O.P.R.M.C.T.). SAID 5.485 ACRE

TRACT BEING MORE PARTICULARLY SHOWN ON THE ATTACHED LAND TITLE

SURVEY DRAWING AND DESCRIBED BY METES AND BOUNDS AS FOLLOWS:

BEGINNING AT A 1/2" IRON ROD WITH CAP STAMPLED “WALKER PARTNERS” SET

MARKING AN ELL CORNER IN THE NORTHERLY RIGHT-OF-WAY (R.O.W) LINE OF

RIVER BEND LANE (50’ WIDE R.O.W TRACT – DESCRIBED IN A DEED TO COUNTY OF

MCLENNAN, STATE OF TEXAS RECORDED IN VOLUME 1314, PAGE 378 OF THE DEED

RECORDS OF MCLENNAN COUNTY, TEXAS), ALSO BEING IN THE COUTH LINE OF A

CALLED 147.556 ACRE TRACT, MARKING THE MOST MORTHERLY OR MORTHEAST

CORNER OF THE ABOVE-MENTIONED 5.140 ACRE TRACT AND THE HEREIN

DESCRIBED TRACT;

THENCE S 33°03'26" E - 333.22' WITH THE WESTERLY R.O.W. LINE OF RIVER BEND ROAD,

AND THE WESTERLY LINE OF THE 50’ WIDE R.O.W. TRACT TO A 1/2” IRON ROD WITH

CAP STAMPED “WALKER PARTNERS” SET, MARKING THE NORTHEAST CORNER OF A

CALLED 7.55 ACRE TRACT DESCRIBED IN A DEED TO CRAIG D. POLLARD UNDER

M.C.C.D 2016002775 OF THE O.P.R.M.C.T., ALSO MARKING THE SOUTHEST CORNER OF

THE 5.140 ACRE TRACT AND THE HEREIN DESCRIBED TRACT, FROM WHICH A 3-1/2”

META…