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RES 1998-01
TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. a is _, ; , A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING A REAL PROPERTY EXCHANGE AGREEMENT BY AND BETWEEN THE TOWN, NORTHWEST INDEPENDENT SCHOOL DISTRICT, AND BRISCOE CLARK COMPANY, LTD. REGARDING TWO TRACTS OF LAND LOCATED ALONG A FUTURE EXTENSION OF PARKVIEW DRIVE AND GENERALLY NORTH OF THAT SUBDIVISION OF LAND GENERALLY REFERRED TO AS LAKES OF TROPHY CLUB PHASE I; AUTHORIZING THE MAYOR TO EXECUTE THE REAL PROPERTY EXCHANGE AGREEMENT; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. The Town Council of the Town of Trophy Club, Texas (the "Town") does hereby approve a Real Property Exchange Agreement by and between the Town, Northwest Independent School District, and Briscoe -Clark Company, Ltd. A true and correct copy of the said Agreement is attached hereto as Exhibit "A" and incorporated herein. Section 2. The Mayor is hereby authorized and empowered to execute the said Real Property Exchange Agreement on behalf of the Town. Section 3. This Resolution shall take effect from and after its date of passage. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 2oth day of ,-ran , i a r v , 199$. Town of Trophy Club, Texas Town Secretary, Town of Trophy Club, Texas APPROVED AS TO FORM: Town 4ttomey, Town of Trophy Club, Texas STA - OF TEXAS CO L�v-TY OF i ?ENTON" _17 9050 EXHIBIT A REAL PROPERTY EXCHANGE AGREEMENT I'=�_ 0a'-00 #770 P.002/21 T�nS x,EAL, PROPERTY EXCK&NGE AGREEMENT ("Agreement") is among TROD LAKE, LTD. (referred to in this Agreement as "Trophy Lake"), the TOWN OF TRCDHY CLUB (referred to in this Agreement as "Town"), and the NOIZTHW'EST INDEPENDENT SCHOOL DISTRICT (referred to in this Agreement as "School Dist<ct"). Trophy Lake, Ltd_ is a limited partnership, validly existing, and in good standing undue the laR of the State of Texas, duly qualified to carry on its business in the Statt: of Tem. The Team of Trophy Club .is a municipality of the State of Texas, validly existing, and iz gocd standing under the laws of the State of Texas, duly qualified to carry on its business in the State of Texas. N'orth-vvest Independent School District is a political subdivision of the State of Tem, val:dh' existing, in good standing under the laws of the State of Texas, and is duly qualified to conduct school business. Whe--reus, Trophy Lake is the fcc simple owner of the property described in Exhibit "A", attached hereto and incorporated herein for all purposes, which is part of that subd;_vision of Innd known as Lakes of Trophy Club Phase 1, the final plat of which is REAL PROPERTY EXCEUNGE AGRFLEMERNT.PAGE Pio I -a,--f2 *d 2702 Z"9 bTZ NOSdWOHI `3 S37MOS 0b:TT 066T-02-�tdW I- - I 11E�=-8 - 0-7---o 12 : :3 - 4770 P-03/21 filed of record as document number 97-8,00 15927 of the Plat Records of Denton County, Texas (the "Final Plat"); and Whereas, Property A, as hereinafter described, may or may not have been previously been dedicated, statutorily or otherwise, to Town; and Whereas, in order to comply with the Town's park land dedication ordinance, it is and has been the intent of Trophy Lake that Property "N' be dedicated and cotiveytid to Town for certain public purposes, and such intent to dedicate and convey Property "A" to the Town is reflected in the dedication to the public of land shown ou the Final Plat as FORINIM Whereas, that land shown as "Park" on the Final Plat does not contain a complete metes and bounds description, and it is the desire of Trophy Lake to dedicate to Town Property -X' in accordance with the terms hereof, and whereas, School District owns the property described in Exhibit "B", attached hereto and incorporated herein for all purposes, which is adjacent to Property A; and Wheiea5. Town and School District are both local governmental eutities with the r�,ower of eminent domain; and Whereas, Town and School District are in agreement that the paramount use of that certain portion of Property A described in Exhibit C, attacher d hereto and incorporated herein for all purposes (referred to herein as "Property C-) is as a school facility for School District, and the paramount use of Property B is as a park for the Town of Trophy Club; REAL PROPERTY EXCGE �T ,PSG£ 2V® � T�/Z-O * d 2EW Z1.9 VT -E NGSdWCHi v SE7rOD 2V:TT 8666-22-?�HW I 11-1 -- — --1-- 1-1 --. G17 729 IDOSO 13'=a,07-30 1 : 37 4770 P.04ZZI Therefore, in consideration of the premises, mutual covenants, and agreements contained in this Agreement, Trophy Lake, Ltd., the Town of Trophy Club, and Northwest Independent School District covenant and agree as follows - ARTICLE 1 ACREEMENT TO EXCHANGE 1.01. Subject to the terms, provisions, and conditions set fortli in this Ageeiiient, Trophy Lake agrees to convey to Town the fee simple title to the property described in Exhibit 'W', together with all and singular the -rights and appurtenances pertaining to the property to be conveyed to Town, including any interest of Trophy Lake in and to adjacent streets, alleys, or rights-of-way, and any improvements, fixtures, and personal property situated on and attached to the property to be conveyed to Town (all of the property, rights, and appurtenances that Trophy Lake agrees to convey arc hereinafter referred to as "Property A!). Subject to the terms, pro -visions, and conditions sct forth in this Agreement, School District agrees to convey to Town in fee simple the property described in Exhibit FIB11, together with all and singular the fights and appurtenances pertaining to the property to be conveyed to Town, and any improvements, fixtures, and personal property situated on and attached to the property to be conveyed to Town (all of the property, rights, and appurtenances that School District agrees to convey are hereinafter referred to as "Property B") - REAL PROPERTY F-XCRANGF, AGREEMNT PAGE NO. 3 77/�-e 0;foz E.L9 t7TE NQSdWCHi -3 S37 OD OL -11 856T-22-�UW 1595,03-70 4710 P-OSZ2 Subject to the terms, provisions, and conditions set forth in this Agreement, Town agrees To convey to School District in fee simple the property described in Exhibit "U', attached hereto and incorporated herein for all purposes, together with all and singular the rights and appurteriances, pertaining to the property to be conveyed to School District, including any interest of the Town in and to adjacent streets, alleys, or rights of way, and any improvertictits, fixtures, and personal property situated on and attached to the property to be conveyed to School District (all of the Property, rights, and appurtenances that Town agrees to convey are heTeiriaftel referred to as "Property C"). Payment at Closing 1.02 Fifty-nine thousand four hundred dollars ($59,400.00) cash shall be paid by School District to Trophy Lake at closing for improvements to Property A. Upon acceptance by Town of the improvements to Phase III of "The Lakes of Trophy Club" development, Trophy Lake will pay the sum of $17,000.00 to School District. The provisions of this subsection shall survive the Closing. ARTICLE 2 REPRESENTATIONS AND WARRANTIES OF TROPHY LAKE Trophy Lake represents and warrants to Town and School District the following: Binding Obligation 2,01 This Agreement has been duly executed and delivered on behalf of Trophy Lake. This Agreement constitutes a legal, valid, and binding obligation of Trophy Lake. RFAL PROPE 9MMaA5_1ALG—E-40�aENU�NT F�AE N�O4 TE/sa, d 2zo-*-' EL9 t"C? NCSdWOHi '3 5371,00 Tt7:TT 066T-02-buW . . . � -1 - --- — — I I . t:17 3,ZS S -Oso Parties in Possession 1 03-30 1.2::313 11770 P. 06,/21 2.02 Except for School District, there are no parties iu possession of any portion of property A, whether as lessees, tenants at sufferance, or otherwise - Legal Actions 2.03. No suit, action, or other proceeding, including, without limitation, a condemnation or similar proceeding or assessment, is pending or threatened in any Cdtm or governmental agency against all or any part of Property A. Real Estate Con=issions 2.04 Trophy Lake has not ijacuaed any Lability for brokerage fees or agents' commissions in connection with this agrcernerit. Validity at Closing 2.05 The representations and warranties of Trophy Lake shall be true on the date of the Closing. NWN= REPRESENTATIONS AND WARRANTIES OF TOWN I Town represents and warrants to Trophy Lake and School District the following: I �M 3.01 This Agreement has been duly executed and delivered on behalf of Town. This Agreement constitutes a lega-L valid,, and binding obligation of Town. RE.kL PROPERT T F"130 " j 220E ZL9 VIE NCSdWCHi ? 537MOD T V : T T 8661-22-6uw L--IILJ I j I t_=, UV, e17 :,:-79 SCTO Parties in Possession 12::59 #770 P-07/2 3.42 Except for Town and School District, there are no parties in possession, of any portion of Property C, whether as lessees, tenants at sufferance, or otherwise. Legal Actions 3.03. NO suit, action, or Other Proceeding, including, without limitation, a condemnation or similar proceeding or assessment, is Pending or threatened in any court or goverrirricntal agency against all or any part of property C. Real Estate Commissions 3.04 Town has not ixicurred any liability for brokerage fees or agents, commissions in connection with this agreement. Validity at Closing 3.05 The representations and warranties of Town shall be true on the date of . the Closing. REPRES-EN'TATIONS, AND WARRANTIES OF SCHOOL DISTRICT ' School District represents and warrants to Trophy Lakc and Town the following: 4.01, This Agement has been duly executed and delivered on behalf of the School District- This Agreement constitutes a legal, valid, and binding obligation of the School District. REALPROPERTY EXCEL4Xrp OZOE EZ9 VT,-_ NOS-4WCHI '3 S37roo T:,TT e667-(DZ-,),JUW FROM :SAFECO LPNI:) TITLE, GV. 817 32S SOSO Parties in Possession 1998,03-30 12:40 #770 P.08/21 4.02. Except . for the School District there are no parties in possession of any portion of Property B, whether as lessees, tenants at sufferance, or otherwise. Legal Actions 403. No suit, action, or other proceeding, including, without limitation, a condemnation Or similar Proceeding or assessment, is pending or threatened in any court or governmental agency against all or any part of property B. Real Estate Commissions 4.04 The School District has not 'incurred any liability for brokerage fees or agents' commissions in connection with this agreement. Validity at Closing 4-05 The representations and warranties of the School District shall be true on the date of the Closing. 5.01 With respect to Property B, School District shall furnish, at its sole cost, (i) an Owner's Policy Of Title Insurance on Property B to To -Am issued by Safeco Land Tide Company, 920 South Main Street, Suite 100, Grapcviue, Texas, 76051, (ii) tax certificates showing no delinquent taxes, (current taxes, assessments, insurance and rents, if any, to be prorated to date of closing), and (iii) a Special Warranty Deed to be recorded 1 111. _nAL PRoj!ExTy EXCIIAN-GEAG RE Y'. PAS NO -7 TE/ee*d 07-02 2L9 t7TE NGSdWCHI '8 SS -MCD TV:IT 8667-312-HUW FROM :SRFECO LRND TITLE, GV• 917 0.29 0050 1095,03-30 12:40 #770 P.09/21 at the School District's expense, conveying good and indefeasible title to Property B to the Town subject only to any liens to be created or assumed hereunder and the following: a. Present restrictions, if any, existing against said property, and the restrictive covenants required by Judge Justice, as set forth in Article 7 below. C. Rights of parties in possession. The standard printed exceptions, save and except shortages in. area as a result of an actual survey, shall be deleted at an additional cost which shall be paid by the School District. Town shall have five (5) days from receipt of the Title Commitment and survey, as well as any revisions or amendments thereto, to make its objections, in writing to the School District, to any exceptions to title contained therein. If there are objections by Town, School District shall in good faith attempt to satisfy them prior to closing, but School District shall not be required to incur any cost to do so. If School District delivers written notice to Town on or before the closing date that School District is unable to satisfy such objections, Town may either waive such objections and accept such title as School District is able to convey, or terminate this Agreement by written notice to School District within five (5) days of receipt of School District's notice. $.02. With respect to Property C, Town shall furnish, at its sole cost, (i) an Owner's Policy of Title Insurance on Property C to School District, issued by Safeco Land Title Company, 920 South Main Street , Suite 100, Grapevine, Texas, 76051, (ii) tax certificates showing .no delinquent taxes, (current taxes, assessments, insurance and �u �x,c Ie �►� xr �, rr�. TZie e'd aZCZ eL9 VIE, NOSdJCHl S37MOZ Tb:TT 866T-G`-dHUW PROM :SAFECO LAND TITLE, GV. 817 329 9050 12:41 #770 P-10,/21 rents, if any, to be prorated to date of closing} and (iii) a Special Warranty Deed to be recorded at Town's expense, conveying good and indefeasible title to Property C to School District subject only to any liens to be created or assumed hereunder and the MM a. present restrictions, if any, existing against said property, b. Existing Building and Zoning Ordinances, if any. C. Rights of parties in possession. The standard printed exceptions, save and except shortages in area as a result of an actual survey, shall be deleted at an additional cost which shall be paid by Town- District shall have five (5) days from receipt of the Title Commitment and survey, as well as any revisions or amendments thereto, to make its objections, in writing to Town, to any exceptions to title contained therein. If there are objections by School District, Town shall in good faith attempt to satisfy them prior to closing, but Town shall not be required to incur any cost to do so. If Town delivers written notice to School District'on or before the closing date that Town is unable to satisfy such objections, School District may either waive such objections and accept such title as Town is able to convey, or terminate this Agreement by written notice to Town within five (5) days of receipt of Town's notice. 5-03 The Owner's Policies of Tit1c Insurance to be furnished hereunder are to be dclivcred as and when the exchange is closed. It is agreed that by the delivery of an Owner's Policy of Tide Insurance (fOrrn Prescribed by State Board of Insurance of the REAL Plznpr%7-ry EKy. WGEkGP-R VIENT PAGE TE/OT d OEO?- ZL9 rT? NOSdWCHi 3 S371MOD EV:TT 866T -0Z -60W =ROM :SAFECO LAND TITLE, GV. 817 329 SOSO 1998,03-30 12:41 #770 P -11X21 State of Texas) under the terms Of this contract, dated as of the date of closing and issued to the other party in the amount Of the M value of its Own property as determined by written appraisal, guaranteeing fee simple title to be good and indefeasible subject only to the foregoing exceptions, all duties of each party as to the sufficiency of title required hereunder shall be deemed to be fully performed; however, such patty shall not thereby be released from the warranties of its deed. ARTICLE 6 WMMEM�M All property exchanged by the parties to this transaction is exchanged "AS IS, WITH ALL FAULTS," and this language shall appear in the respective deeds conveying the exchanged property. ARTICLE 7 RESTRICTIVE DEED LANGUAGE The parties agree that the School Districts deed to Town shall include the The further covenant, consideration and condition is that the following restrictions shall in all. ffiings be observed, followed and complied with: (a) The above described realty, or any part thereof , shall not be used -in A #peration of, or in conjunction with. any school or other institution of lear, g, study dn or M-Al� PROPERTY EXCHANGE AGREEMTNT, PAG7Z NO. 10 TF/TT'd OEOZ ZL9 VIE NGSdWOHI a S�7MOO EV:TT QGGT-BZ�UW =ROM :SAPECO LAND TITLE, GV. 817 329 9050 1998,03-70 12:42 #770 P -12X21 instruction which discriminates against any person because of his race, color or national origin, regardless of whether such discrimination be effected by design or otherwise. (b) The above described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which creates, maintains, reinforces, renews, or encourages, or which tends to create, maintain, reinforce, renew or encourage, a dual school system. These restrictions and conditions shall be binding upon Grantee, Town, its successors, avid assigns, for a period of fifty (50) years from the date hereof. and in case of a violation of either or both of the above restrictions, the estate herein granted shall, without entry or suit, immediately revert to and vest in the Grantor herein and its successors, this instrument shall be null. and void, and Grantor and its successors shall be entitled to immediate possession of such premises and the improvements thereon; and no act or omission upon the part of Grantor herein and its successors shall be a waiver of the operation or enforcement of such condition. The restriction set out in (a) above shall be construed to be for the benefit of any person prejudiced by its violation. The restriction specified in (b) above shall be I construed to be for the benefit of any public school district or any person prejudiced by its violation. MOMB= REAL PROPERTY EXCEANGE AGRXEM, NT P T-/ZT *J 0---70E E219 VIZ NCS86ZHi 18 S37MOD 2V:TT 86GT-Oz-8HW FROM :SAFECO LAND TITLE, GV. 817 329 9050 1998I03-70 43 #770 R.13/21 8.01. During the period from the date of this Agreement to the date of Closing, for the sum of $1.00 and Other valuable consideration, the receipt and sufficiency Of which is hereby acknowledged, Trophy Lake grants to School District a temporary construction easement, including rights of ingress and egress, on Property X which includes Property C in its entirety. This casement shall terminate on the date of Closing at which time School District will, hold title to Property C in fee simple, 1998" Date of Closing 9-01. The closing ("Closing") shall occur on or before the 27e' day of February, Placeof Closing 9.02. The closing shall be held at the offices of Safeco Land Title Company, 920 South Main Street; Suite 100, Grapevine, Texas, 76051, Closing 9.03. At the closing, the following events shall occur, each being a condition precedent to the other events and each being deemed to have occurred simultaneously with the other events. - Trophy Lake shall deliver to Town a duly executed and acknowledged Special Warranty Deed in a form acceptable to T0'WMTS counsel conveying good and indefeasible title in fee simple to all of Property A, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions. WOE EL9 VIE N05dWGH1 'S SEPM00 EV:TT e66T-02-�W =ROM :SAFECO LAND TITLE, GV. 817 729 SOSO 1558103-30 12:44 #770 8.14/21 (b) School District deliver to Town a duly executed and acknowledged Special Warranty Deed in a form acceptable to Town's counsel conveying good and indefeasible title in -fee simple to all of Property B, free and clear of any and all liens, encarnbrajices, conditions, casements, assessments, and restrictions, except as set out hereinabove, and in Article I. (c) Town shall deliver to School District a duly executed and acknow�ledged Special WarTanty Deed in a form acceptable to School Districts counsel conveying good and indefeasible title in fee simple to all of Property C, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except as set out hercinabovc. (d) School District shall deliver to Trophy Lake the sum of S59,400.00. cash for the cost of improvements to Property A. Upon Town's acceptance of the improvements to Phase IH of "The Lakes of Trophy Club" development, Trophy Lake will pay the sum of $17,000.00 to School District- The provisions of this subsection (d) shall survive the Closing. ARTICLE 10 MISCELLANEOUS 10-01. Time is of the essence of this contract. 10,02. This Agreement shall be governed by and construed in accordatice with the laws of the State of Texas. Venue for any disputes arising hereunder shall be in Denton County, Texas. NOSdWOHI 'S G31M03 ZV:TT BEST-22-,jJW PROM :SAFECO LAND TITLE, GV. a17 329 SOSO 1998,03-30 12:4S #770 P -1S/21 10.01 This Agreement may not be amended except in a writing specifically referring to this Agrecrnent and signed by all parties. A right created under this Agreement may not be waived except in a writing specifically referring to this Agreement and signed by the party waiving the right. EXECUTED in multiple copies this (q day of February, 1998, NORTHWEST INDEPENDENT SCHOOL DISTRICT 4�a -President; Board of Trustees Northwest Independent School District TROPHY LAKE, LTD,, A Texas Limited Partnership BY: Briscoe Clark Company, Ltd., A Texas Limited Partnership, General Partner BY: Clark Briscoe Deyclopment Co., Inc. A Texas Corporation 0 rQW—F-21.0AMdNdA= Z REA-T- PRnvrury vx-r-rr. NGF- AGRF-F,.--,- - . - T1 C7. x4 T2/�T d O�OE 2!2,9 VTE NCSdkOHi 'S SS17MOD 2P:TT 8661-02-L+Uw =ROM :SAFECO LPNID TITLE, GV. 017 329 SOSO 1998,03-30 12:45 #770 P.16//21 WIC .3p to EA M T2/L3T,d oa0z F-19 bTa N05ciWCHI 3 537MOn zv:Tl 8662-02-cUw W tn Z�. 10 9 e -j ... P- =r 5i ► 5* k ---------- iaQv .......... CL V" ft CT 'qJ YVL.Cc.v" lot I lit it EA M T2/L3T,d oa0z F-19 bTa N05ciWCHI 3 537MOn zv:Tl 8662-02-cUw =r 5i ► iaQv EA M T2/L3T,d oa0z F-19 bTa N05ciWCHI 3 537MOn zv:Tl 8662-02-cUw FROM :SPFECO LAND TITLE, GV. 217 329 9060 I =998.03-30 12:-4 #770 8.17/21 OZOZ Z2,9 VTE! HCSdWCHi '8 S37MOD RGGT—v:'Z-- cr 2. c= 3z z CD a I Gr 43; is o— cote M 06 CI q CL C7 co c C5 on cr 57 Z.r cir L? J; cn t9 n CO G pp 0 C 0 eb. OZOZ Z2,9 VTE! HCSdWCHi '8 S37MOD RGGT—v:'Z-- =ROM :SAFECO LAND TITLE, GV. 817 329 9050 1998,03-30 12:.7 477 ------------- 4- i _r— i f i � f I � $ lp Alla-..110 � y 1 YY ift.tc.IK I K � 0 i 1998,03-30 12:.7 477 ------------- 4- i _r— Y^� lp 71 ift.tc.IK ZZiB L ' d aZ©Z ZG9 t ti NOSdWOHI '8 S3 -IMOD bb : T T 8S6Z-0�-ct�1 ------------- _r— Y^� lp ZZiB L ' d aZ©Z ZG9 t ti NOSdWOHI '8 S3 -IMOD bb : T T 8S6Z-0�-ct�1 _r— Y^� 0 i ZZiB L ' d aZ©Z ZG9 t ti NOSdWOHI '8 S3 -IMOD bb : T T 8S6Z-0�-ct�1 =ROM :SAFECO LPND TITLE, GV. 617 329 SOSO 11919:3- 1 07-30 12: -17 #7170 P.19/21 m X cr TE/Gl "d OEOZ! E�s t?T2 NCSdWOHi 2 S37rq01 t7v: T I e661-e�-2�uw 0— Mae, o. e—A IA a, 2 :7 moo w z —s "2- c+ goo, N eft rA c" N 25Q :fo, n wo cr m Do cc ta 12L o- `bin D ;�u jb. n V'LA A ev m fb e, d pQ ul to Nj o- lb cr 1.4 5-; Q n C2 � �7 C* ?A U cb a IA yin t,p CL oo Zn eb to nuc; Z fA m to m cc c) L. o n o o c c:) Ql o o cl�l rb 4a Jo 0 2-0 e,, to Ln cr M 0 ev g: 'r 0 La c" =r ro V (A ZX 61 cb CD c zm CA cu e, Q. cL c -- x cv_ U m X cr TE/Gl "d OEOZ! E�s t?T2 NCSdWOHi 2 S37rq01 t7v: T I e661-e�-2�uw =ROM :SAFECO LAND TITLE, GQ. a17 329 SOSO 1552,03-30 12: =5 =--' Z P. —7117,- 7 1 --0— - rq 'F aj !FA IW;O; ... ... . . ... ..... Ag 10 .1615tc ALS2.0c.gam 43 %c CL 0 co 1: Z- 19 2D es tA t. SQ 4 ---! .......... at jF 3. 9I.EgfM B S1w J .......... rn r" va .416 SA4 Ch:z 00 tn 1w �0 e TEIW'd oaoa eL9 PITZ NOS--1WCH1 '3 S3-J1'10D PV:T-, Newo FROM : SAPECO LAND T. TLE, GV. 817 329 9050 S, a. 1998.07- m -M9s107- -- c �: -4:= 47-2) P-21/21 'd OEOE 2�,9 t -T? NOS&QCHi '3 SzPryon 11-01n: John Hill and Bob Buchanan 3-2-=8 9:41am P. Z of 3 AMENDMENT TO REAL PROPERTY EXCHANGE AGREEMENT THIS AMENDMENT TO REAL PROPERTY EXCHANGE AGREEMENT (the "Arnendtnent") is entered into by and between Trophy Lake, Ltd. ("Trophy Lake"), the Town of Trophy Club ( "Trophy Club") and the Northwest Independent School District ( "School District"). WITNESSETH: WHEREAS, Trophy Lake, Trophy Club and the School District are parties to a Real Property Exchange Agreement (tile "Agreement") dated effective February 9, 1998, pursuant to which they have agreed to exchange and convey certain real property located in Denton County, Texas; and WHEREAS, The parties desire to amend the Agreement to reflect an extension of the closing date. NOW, THEREFORE, in consideration of the foregoing premises arid the respective undertakings of the parties hereinafter set forth, the receipt and sufficiency of which consideration are hereby acknowledged, it is hereby agreed as follows: I . The closing date set forth in Section 9.01 of the Agreement is hereby extended from February 27, 1998 to March 6, 1988. 2. As amended herein, the terms and conditions of the Agreement shall continue in full force and effect. The parties hereby ratify and affirm the Agreement as amended. In the everit of a conflict between the terms of tills Amendment and the terrfis of the Agreement, the terms of this Amendment shall control. I. All capitalized terms used herein shall have the same meanings defined in the Agreement. 4. This Amendment may be executed in multiple counterparts and by facsimile signature. AMENDMENT PROPERTY EXCHANGE AGREEMENT - Page I 77AW' ,#:.591295 I I -- riiii and dob Buchanan 3-2-99 9: 41am P. 3 of ] EXECUTED effective the 27th day of February, 1998. w TROPHY LAKE, LTD., a Texas limited partnership By. Briscoe Clark Company, Ltd., a Texas limited partnership, general partner IP By: Clark Briscoe Development Co., Inc., a Texas corporation By:_ Name: Title: NORTHWEST INDEPENDENT SCHOOL DISTRICT By:_ N arae Title: TOWN OF TROPHY CLUB �J. arrie: r Titj. I IU -Ml v n T Texas AMENDMENT TO REAL PROPERTY EXCHANGE AGREEMENT - Page 2 ty rA'A" #: 5R129.5 SAEECO LAND TITLE NORMA Eq gEAS�EY L OF TARRANT Chai man oRhe Beard Chiel Executive pincer 920 SOLTH MAIN STREET • SUITE 100 • GRAPEVINE, TX 76051 JEFF DAVIS (817) 329-7702 • FAX (817) 329-9050 President 7 M—S�oe ni�Jn<�ur59 4 TO 6 998 �; Mar hlggp 2'J7 uS-7A4 t, co Wes:, _ °]tkway �r n5 , xae ,3 Ms. -Karen vandri -� Town of Trophy Club 2101 :v P.'�°P; =k,.ry. 10 G vu�<ic=pal Drive -5313 ^rocky C1 gib, TX 76262 41ero : -)']2 2012 Re: Our G"198-93986 and GF#GV98-93987 65<^ a 'naza Toy. of Trophy Club and g' °°26 Nort ,vest Independent School District Dear Ms. Sandri, Couew,ue u- 76,184 ,8, 28,-ece Perv u telephone conversation this date, Please find ^u:h'a ne 22aN°;,,-make=tie axae- c-1 csed all documents which require Mr. Carter S"who , -s '5092 Carter's Metro B :-,729.?Ct0 sLgr-ature Please note that certain documents will need to�be notarized. Upon completion of execution and 2829 S -teen S:reet Fon Ncca-e.a=-5,o9 notari zaticn, please call our office and we will have a Mevo.=, 7, 65� 239, cour-er pick up the documents along with the original exec' -ted Warranty Deed from the Town to the ISD as well 920 ^.i an Street aFP1e_eas.55 your c eck payable to Safeco Title in the following Metro.:8'7) 729 7732 sums : <e,er 71v^! Clain Keer `�as ?6218 Gv9 3-93986 $1,214.00 '11 }6, 737,50 GV98-93987 Metra $6,754.35 eiv m 33 F 1 ,2' Waver Garcens Ab' DoE a5:n>;reet 1 L needed you may send one check for the total but we do prefer a c eck for each transaction. (817, --,fC6 Me,ro .2's, �5 5078 Fee Ac—ey0lhces Shcu_- d you have any questions, -e number above. please contact me at the ,la:n„ree, Thank you in advance for your prompt and e� courteous attention to this matter. Az,e. re+as '6020 '817) -w-t eC4 6010 .y --e Sincerely Cam.o dowse � Fort Wer,n '1x35 ,'51'6 ;817, 71 Ass `°xe,�Ccm—ae L-/ , is:_e Skipworth ' , Branc-_ `tanager/Escrow Officer Safeco -- T'. to of Derecn County / l d s Enc 1 • Safeco _ano ':te of ?ccrwae Sa.eco faro '�:�e �! K3 v'man 5a:eco _sna "!:e `.ue C., Elms Hencers CL—n, i^e Ca