Item 4K - Memo CITY OF
SOUTHLAKE Agenda Item No. 4K
MEMORANDUM
June 16, 2026
To: Mayor & City Council
From: Alison Ortowski, City Manager
Subject: Item K: Approve a purchase and sale agreement with the Carroll
Independent School District for the purchase of real property
located at 2400 N. Carroll Avenue
Action
Requested: Approve purchase and sale agreement to acquire 14.78 acres from
Carroll Independent School District (the District) for the property
known as the "Old Dragon Stadium" site.
Background
Information: In early 2025, the City of Southlake and the Carroll Independent
School District began discussions regarding potential City park and
recreation uses for the Old Dragon Stadium site.
June 26, 2025: The City Council directed the City Manager to
negotiate and execute a letter of intent and other related contract
documents to acquire real property for future parks and recreation
facilities in the City of Southlake and to coordinate with the Southlake
Parks Development Corporation concerning funding of the land
acquisition and development of the facilities.
August 5, 2025: The first step in the funding process for this project
was completed in August 2025 with the Southlake Parks
Development Corporation's (SPDC) recommendation to approve the
funding in the FY 2026 SPDC budget as a cash transfer for a capital
budget project.
September 2 and 16, 2025: City Council's adoption of the FY 2026
Annual Operating Budget in September 2025 finalized the operating
budget funding for the project.
November 10, 2025: The letter of intent and right of first refusal was
executed in November 2025.
January 20, 2026: The Southlake Parks Development Corporation
held a public hearing and recommended approval of the proposed
FY 2026 — 2030 Capital Improvement Program Priorities which
included Project No. 2025-05c Land Acquisition — CISD Old Dragon
Stadium Property whose purpose was noted to provided funding for
Agenda Item 4K: PSA with CISD for property acquisition
Meeting Date: June 16, 2026
the acquisition of approximately 14.78 acres at 2400 N. Carroll
Avenue, commonly referred to as the CISD Old Dragon Stadium
Property.
February 17, 2026: The final step in the funding process occurred in
February 2026 with the City Council's adoption of the FY 2026 — FY
2030 Capital Improvements program which designated $8,750,000
in total funding for the purchase of the property ($3,000,000 General
Fund and $5,750,000 SPDC).
March 3, 2026: City Council approved Case No. ZA26-0007, a Plat
Revision to subdivide the existing 28.40 acre property into two lots,
with the northern lot at 14.78 acres and containing the Old Dragon
Stadium, practice fields, and tennis courts. The City Council also
approved Resolution No. 26-006, ZA26-0006, Specific Use Permit
and Concept Plan to relocate an existing telecommunications tower.
Both of these were necessary steps to facilitate the finalization of the
purchase and sale agreement offered for consideration with this
item.
Following the required funding authorization steps completed with
the operating and capital budget adoption as well as the necessary
plat revision and SUP / Concept Plan approval, the District was
provided the proposed Purchase and Sale agreement on March 6,
2026, for their consideration and review. Since that time, the District
has worked with their cell tower partner to amend the existing land
lease agreement to provide for the relocation of tower facilities and
also begun removal of the bleachers from the property.
Some of the key terms and conditions of the proposed agreement
include:
• Purchase Price. $8,750,000, payable in cash at closing,
representing the fair market value of the property. Because both
parties are governmental entities with eminent domain authority,
no earnest money is required.
• Due Diligence. The City has an inspection period to conduct site
inspections and title review and may terminate during that
window if the property is unsuitable.
• Closing. Closing occurs 30 days after the inspection period
expires, at the title company.
• Cellular Tower. The agreement notes that before closing, the
Seller must amend the lease to require relocation of the tower
and equipment onto CISD property (consistent with SUP case
ZA26-0006). This amendment has already been executed by
CISD. At closing, CISD will assign the lease as amended and the
City will assume the lease and the right to enforce relocation. The
Agenda Item 4K: PSA with CISD for property acquisition
Meeting Date: June 16, 2026
amendment provides the cell tower owner up to 24 months from
execution of the amendment to complete relocation of the tower
facilities. The amendment was executed on April 30, 2026;
therefore, the relocation must occur by April 30, 2028. If
relocation does not occur by that time, the City will have the right
to deem the tower facilities abandoned.
• Bleachers. The agreement notes that the Seller may remove the
bleachers at its own cost before closing. This work has already
been initiated by CISD. Any bleachers left in place at closing
become City property.
• District Branding. CISD retains ownership of its marks,
including the "Protect the Tradition" slogan. The City receives a
license to use existing marks on the property during its
ownership, with marks to be removed if the City later conveys the
property to a third party.
Financial
Considerations: Cash funding for the full purchase price, $8,750,000, was approved
as follows:
• August 5, 2025: The Southlake Parks Development Corporation
held a public hearing and recommended approval of the
proposed FY 2026 SPDC Operating Budget which included a
proposed cash allocation of $5,750,000 for the property
purchase.
• September 2, 2025: The City Council held a public hearing and
approved on 1st reading the FY 2026 Operating Budget
designating cash funding from the Southlake Parks Development
Corporation in the amount of$5,750,000.
• September 16, 2025: The City Council held a public hearing and
approved on 2nd reading the FY 2026 Operating Budget which
included cash allocations from the General Fund in the amount
of $3,000,000 and from the Southlake Parks Development
Corporation in the amount of$5,750,000.
• January 20, 2026: The Southlake Parks Development
Corporation held a public hearing and recommended approval of
the proposed FY 2026 — 2030 Capital Improvement Program
Priorities which included Project No. 2025-05c Land Acquisition
— CISD Old Dragon Stadium Property whose purpose was noted
to provided funding for the acquisition of approximately 14.78
acres at 2400 N. Carroll Avenue, commonly referred to as the
CISD Old Dragon Stadium Property.
• February 17, 2026: The City Council approved the FY 2026 — FY
2023 Capital Improvements Program, completing the final step to
allocate the full $8,750,000 funding from the General Fund
($3,000,000) and SPDC ($5,750,000).
Agenda Item 4K: PSA with CISD for property acquisition
Meeting Date: June 16, 2026
Citizen Input/
Board Review: The Southlake Parks Development Corporation held two public
hearings and considered and approved the operating budget as well
as the capital improvements program (as described in the Financial
Considerations portion of this memo).
Public hearings were also held as part of the City's annual operating
budget adoption process in September 2025.
Legal Review: The City Attorney has reviewed and approved the purchase and
sale agreement as proposed.
Alternatives: The City Council could choose to deny or amend the agreement.
Supporting
Documents: Purchase and Sale Agreement
Staff
Recommendation: Approve purchase and sale agreement as proposed.
STATE OF TEXAS §
COUNTY OF TARRANT §
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT ("Agreement") is made and entered into as
of the Effective Date (hereinafter defined) by and between the City of Southlake, a Texas home-
rule municipality (the "Purchaser") and Carroll Independent School District, a Texas political
subdivision (the "Seller") (hereinafter the Seller and Purchaser are from time to time referred to
individually as a"Party" and collectively as the "Parties").
For and in consideration of the mutual terms, provisions, covenants, and agreements
contained herein, and for other good and valuable consideration, the receipt and legal sufficiency
of which is hereby acknowledged, the Seller and Purchaser agree as follows:
1. PURCHASE AND SALE. Upon and subject to the terms of this Agreement, the Seller
agrees to sell, transfer, and convey in fee simple to Purchaser, and Purchaser hereby agrees to
purchase from Seller all of Seller's right, title, and interest in and to the following (collectively,
the "Property"):
A. the land, which consists of the northerly 14.78 acres of 2400 N. Carroll Avenue, which is
located on the west side of N.Carroll Avenue,north of E.Dove Road,in Southlake,Tarrant
County,Texas;and more particularly described as being part of Lot 1,Old Dragon Stadium
Addition,formerly a part of Lot 1,Block 1, Carroll ISD Addition No. 3, Southlake,Tarrant
County, Texas, as more fully described and depicted in Exhibit "A", which is attached
hereto and incorporated herein for all purposes, together with all and singular the rights
and appurtenances pertaining thereto including any right,title, and interest of Seller in and
to adjacent roads, alleys or rights of way, strips or gores of land adjoining the land and
abutting properties and rights of ingress or egress to the land, but excluding and reserving
unto Seller, and only to the extent Seller has any rights in any oil, gas,hydrocarbons, other
minerals, and geothermal resources, including without limitation brine (including all
dissolved constituent elements, whether separately or mixed or combined with any other
substance, and whether in solution, dissolved or in suspension), together with all other
products or materials produced therefrom or in association therewith, only when extracted
under the Property from other properties at depths of and below five hundred feet (500'),
or that may be produced from under the land by access from other properties at depths of
and below five hundred feet (500'), together with all rights, royalties, bonuses, and
revenues related thereto (collectively, the "Reserved Mineral and Geothermal Rights");
provided, however, that Seller, on behalf of itself and its heirs, successors and assigns,
hereby unconditionally and permanently waives and releases in perpetuity all rights of
ingress, egress, and surface use of the land in connection with the exploration,
development, production, study, testing, exploitation of, mining, processing, transporting
or marketing of the Reserved Mineral and Geothermal Rights, and any future lease of the
Reserved Mineral and Geothermal Rights executed by Seller or its heirs, successors or
assigns shall expressly exclude all rights of ingress and egress to, and prohibit the lessee
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from conducting any exploration, development,production, study,testing, exploitation of,
mining, processing, transporting, marketing, or operations on, or constructing any
improvements upon, the surface of the land; provided further, that nothing herein shall
prevent Seller or its heirs, successors or assigns from exploring for, developing, or
producing the Reserved Mineral and Geothermal Rights by pooling or by directional
drilling under the land from well sites located on other lands,but only to the extent (1)the
surface of the land is not disturbed, and(2)the exploration, development, or production of
Reserved Mineral and Geothermal Rights by pooling or directional drilling enters or
bottoms under the Land at depths of and below five hundred feet (500') (the foregoing
reservation and waiver, collectively, the "Mineral Reservation and Surface Waiver") (the
land, subject to the foregoing, collectively, the "Real Property"); and
B. all buildings, stadiums, structures,permanent fixtures, and other improvements situated on
the Real Property (collectively, the "Improvements"); and
C. all equipment, non-permanent fixtures, machinery, building materials, and other personal
property situated on or attached to the Real Property and Improvements and owned by
Seller and used in connection with the operation, management, and maintenance of the
Real Property and the Improvements, including without limitation, all keys, licenses,
permits,books, records, plans, and specifications, architectural and engineering drawings,
trademarks, contract rights, licenses, permits, consents, and other intangible property
pertaining to the Real Property and Improvements (collectively, the "Personal Property");
and
D. all (i) contracts, leases, subleases, mineral leases, licenses, and any other agreements
(collectively, the "Operating Agreements"), relating to the upkeep, repair, maintenance,
leasehold,tenancy,or operation of the Real Property,Improvements,and Personal Property
which will extend beyond the Closing Date (as defined below), including specifically,
without limitation, all assignable equipment leases, if any, and(ii) all lease deposits in the
Seller's possession, assignable existing warrantees, and other written guarantees, if any,
issued to Seller in connection with the Improvements or the Personal Property(collectively,
the "Intangibles").
E. The Intangibles specifically do not include the cellular tower and related equipment
currently under lease with the Seller pursuant to that Land Lease Agreement dated October
31,2016,as amended(the"Land Lease Agreement"). The Parties hereby acknowledge that
the Land Lease Agreement has been amended at Seller's sole cost and expense, to provide
that (1) the cellular tower and all related equipment and utility connections shall be
relocated to Carroll Independent School District("CISD")property in accordance with the
specific use permit approved by City of Southlake Zoning Case: ZA26-0006, such that
following such relocation the cellular tower and related equipment and utility connections
shall no longer encumber the Real Property in any manner; and (2) all memorandums of
lease, easements, and other recorded instruments related thereto shall be released of record
in the Official Public Deed Records of Tarrant County, Texas. The Parties further
acknowledge and agree that the physical relocation of the cellular tower and related
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equipment is anticipated to take approximately two (2) years following the execution of
the amendment to the Land Lease Agreement. On or before closing, Seller shall use
commercially reasonable efforts to provide Purchaser with an estoppel certificate certified
to the Purchaser showing that the Seller and lessee are currently in good standing under the
Land Lease Agreement, there are no uncured claims or defaults under the Land Lease
Agreement, and there is no dispute or litigation between the Seller and lessee with respect
to the Land Lease Agreement. At Closing Seller shall assign in accordance with the terms
of the Land Lease Agreement, as amended, and subject to any subordination, non-
disturbance, attornment or recognition document required by the lessee thereunder, and
Purchaser shall assume, all of Seller's right, title, and interest, including rental payments,
in and to the Land Lease Agreement(as so amended), so that Purchaser shall have the full
right and authority to enforce the relocation of the cellular tower and related equipment
and the other obligations of the counterparty thereunder. Following completion of such
relocation and the release of record of all related instruments in accordance with the
amendment to the Land Lease Agreement, the Land Lease Agreement shall terminate in
accordance with its terms.
F. Notwithstanding anything to the contrary in this Agreement, at any time prior to Closing,
Seller shall have the right,at Seller's sole cost and expense,to enter upon the Real Property
and remove all or any portion of the bleachers located on the Real Property (the
"Bleachers"). The Bleachers shall not constitute part of the Improvements, the Personal
Property, or the Property conveyed to Purchaser under this Agreement, and no portion of
the Purchase Price shall be allocated to the Bleachers. Seller shall complete any such
removal on or before the Closing Date and shall, at Seller's sole cost and expense, repair
any material damage to the Real Property caused by such removal. Any portion of the
Bleachers not so removed by Seller as of Closing shall, upon Closing, automatically
become the sole property of Purchaser, free and clear of any claim by Seller.
G. Seller Marks. Seller represents that it has full ownership of, or otherwise has the authority
to license and use, the CISD logo and CISD slogan "Protect the Tradition" and the style,
font, and colors related thereto. The CISD corporate names or trade names, trademarks,
service marks,logos, slogans,or other proprietary symbols, styles,fonts,and colors owned
and used by Seller(collectively,the"Seller Marks")on the Real Property and any Personal
Property shall be and remain, the sole and exclusive property of the Seller. However, the
Special Warranty Deed shall include a provision whereby Seller grants to Purchaser, but
not its successor or assigns, a license to use the Seller Marks on the Real Property or the
Personal Property without any additional compensation to Seller for Purchaser's municipal
purposes during Purchaser's ownership of the Real Property only, but not the right to use
the Seller Marks in any manner unrelated to Purchaser's municipal purposes, to the Real
Property, or the Personal Property, as reasonably determined by Seller. Purchaser shall
have the right to use the Seller Marks without any additional compensation to Seller in any
way and to reproduce the same for any municipal purposes related to the Real Property and
the Personal Property, and in accordance with CISD's current guidelines for use and after
notice to Seller). Purchaser and Seller hereby acknowledge and agree that license provided
for in this paragraph is not a covenant running with the Real Property and is personal to
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the City of Southlake during its ownership of the Real Property only. Any and all Seller
Marks located on the Real Property or the Personal Property located thereon shall be
removed therefrom in the event Purchaser conveys the Real Property to a third party,unless
otherwise agree to in writing by Seller.
2. EFFECTIVE DATE. The "Effective Date" means the date that this Agreement has been
fully executed by the Seller and Purchaser, as indicated by their respective signatures below and
delivered to and acknowledged by the Title Company. The "Title Company" shall be First
American Title, 601 E. Southlake Blvd., Southlake, Texas 76092, Attention: Angela Waldrop,
Escrow Officer.
3. PURCHASE PRICE. The consideration for the sale and conveyance of the Property is
EIGHT MILLION SEVEN HUNDRED AND FIFTY THOUSAND DOLLARS AND
NO/100 CENTS ($8,750,000) (the "Purchase Price"), which Purchase Price is subject to the
closing costs, credits, prorations, and escrow provisions hereinafter set forth, and is payable by
Purchaser(or a governmental nonprofit corporation created by Purchaser pursuant to Texas Local
Gov't Code Ch. 501, Ch. 505, and Sec. 505.152) in cash, cashier's check, or wire transfer of
immediately available funds in such amount in accordance with the written instructions delivered
by Seller to Purchaser at or prior to Closing(as defined below). The Purchase Price represents the
fair market value of the Property and the full cash payment for the Property. The funds must be
delivered to the Title Company (as defined below) at Closing for immediate disbursement by the
Title Company to the Seller at Closing.
4. EARNEST MONEY. The Parties are governmental entities with the power of eminent
domain and there is no earnest money required in this transaction.
5. INDEPENDENT CONTRACT CONSIDERATION. Purchaser will pay to Seller one-
thousand dollars ($1,000) ("Independent Contract Consideration"), which amount the Parties
bargained for and agreed to as consideration for Purchaser's exclusive right to inspect and purchase
the Property pursuant to this Agreement and for Seller's execution, delivery and performance of
this Agreement. The Independent Contract Consideration is independent of any other
consideration or payment provided in this Agreement and it is fully earned and shall be retained
by Seller if this Agreement is terminated by Purchaser before Closing, except as otherwise
provided in this Agreement. The Independent Contract Consideration shall be applied as a credit
to the Purchase Price at Closing.
6. TITLE AND SURVEY.
A. Survey. As of the Effective Date of this Agreement, Seller has delivered to Purchaser and
the Title Company a true and correct copy of the most recent existing survey of the Property
(the"Survey") for approval by the Title Company. If the existing Survey is not acceptable
to the Title Company or Purchaser, then Purchaser, at Purchaser's expense will obtain a
new or updated Survey(the"Updated Survey") acceptable to the Title Company and shall
deliver the Updated Survey to Seller and the Title Company.
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The legal description and depiction of the Property set forth in the Survey,if different from
the description and depiction contained in Exhibit "A", shall be automatically substituted
for the description and depiction of the Property contained in Exhibit "A", and this
Agreement shall be deemed amended by the automatic substitution of the legal description
of the Property contained in the Survey for the description and depiction of the Property
contained in Exhibit "A". Such amended legal description and depiction will be used in
the special warranty deed for the sale of the Property from Seller to Purchaser,the form of
which is attached to this Agreement as Exhibit"B", and in any other documents requiring
a legal description of the Property.
B. Title Commitment and Title Documents. Within ten (10) business days after the
Effective Date, Seller will deliver or cause to be delivered to Purchaser a commitment for
title insurance issued by the Title Company (the "Title Commitment") including legible
copies of recorded documents evidencing title exceptions. Seller authorizes the Title
Company to deliver the Title Commitment and related documents to Purchaser at
Purchaser's address.
C. Purchaser's Objections to the Title Commitment and Survey:
1. Purchaser shall have fifteen(15)business days after the date of receipt of the last of the
Title Commitment, copies of all instruments shown as exceptions in the Title
Commitment, and the Survey (the "Title Review Period") in which to notify Seller in
writing of any objections ("Title Objections") Purchaser has to any matters shown or
referred to in the Title Commitment or the Survey. If the Purchaser does not serve its
Title Objections within the Title Review Period, then all matters contained in the Title
Commitment and Survey will be deemed to be permitted exceptions to the status of
Seller's title and any objections by Purchaser will be deemed waived. For purposes of
this Agreement the term"Permitted Exceptions"means all matters set forth in the Title
Commitment and Survey to which Purchaser does not object, and any objections made
by Purchaser that Seller does not elect or is unable to cure.
2. Seller shall cure Purchaser's timely Title Objections within ten (10) days ("Cure
Period")after Seller receives the Title Objections,which may include,but is not limited
to any surface waivers requested by the Purchaser. The Closing Date may be extended
as necessary to provide such time to cure the Title Objections. If the Seller is unable
or unwilling to cure the Title Objections within the Cure Period, Purchaser may
terminate this Agreement by providing written notice to Seller within five (5)business
days after the expiration of the Cure Period. If Purchaser terminates the Agreement
under this Section, the Independent Contract Consideration, will be refunded to the
Purchaser and thereafter all Parties hereto shall be released and relieved of further
obligations, liabilities, or claims hereunder except for any obligations that expressly
survive termination. If the Purchaser does not properly and timely terminate this
Agreement, then Purchaser will be deemed to have waived any uncured Title
Objections and agrees to accept title at Closing subject to the uncured objections and
other Permitted Exceptions. Seller's failure to cure Purchaser's Title Objections under
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this section does not constitute a default by Seller.
D. Title Policy:
Purchaser, at Purchaser's expense, will obtain an Owner's Policy of Title Insurance
(the"Title Policy")issued by Title Company in the amount of the Purchase Price,dated
the date of Closing, insuring good and indefeasible title to the Property to be in
Purchaser in fee simple subject to no exceptions other than the Permitted Exceptions.
The Title Policy must be on the standard form in use in the State of Texas; provided,
however, that (i) at Purchaser's option and expense, the standard printed exception as
to discrepancies, conflicts, or shortages in area and boundary lines, or any
encroachments or protrusions, or any overlapping improvements will be amended to
read "shortages in areas"; (ii) the exception relating to restrictive covenants will be
deleted except for those included within the Permitted Exceptions; (iii) the exception
relating to standby fees and taxes will except only standby fees and taxes for the year
of Closing and subsequent years and assessments for prior years due to changes in land
usage or ownership; and (iv) there will be no exception for "rights of parties in
possession" or "visible and apparent easements." The Title Policy may be delivered
after the Closing if at or prior to the Closing the Title Company issues a currently
effective, duly-executed "marked-up" Title Commitment and irrevocably commits in
writing to issue the Title Policy in the form of the "marked-up" Title Commitment
promptly after the Closing Date.
7. DUE DILIGENCE AND INSPECTION.
a. Inspection Period. Seller agrees that Purchaser shall have thirty (30) days after
the Effective Date of this Agreement (the "Inspection Period") in which to review
and inspect the condition of the Property, conduct an examination of the Property
(including without limitation, physical inspection, sampling, testing, appraisal,
environmental and engineering inspections of the Property) and to review such
other matters,and perform other acts of due diligence as Purchaser deems necessary
in order to determine the suitability of the Property for the Purchaser's needs.
b. If the Property is not suitable to Purchaser, then Purchaser may exercise its right to
terminate this Agreement prior to the expiration of the Inspection Period by
providing written notice to Seller. If Purchaser does not provide written notice to
Seller terminating this Agreement on or before the expiration of the Inspection
Period then Purchaser shall have no further right to terminate this Agreement except
as set forth in Section 8, and shall be deemed to have accepted the Property in its
current AS IS WHERE IS CONDITION and waived any and all objections to the
condition of the Property.
C. Inspections, Studies, Testing, or other Assessments:
(1) During the Inspection Period, Purchaser at Purchaser's expense, may
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complete or cause to be completed any and all inspections, studies, testing,
or other assessments of the Property (including all improvements and
fixtures) desired by Purchaser.
(2) Seller, at Seller's expense will turn on all utilities necessary for Purchaser
to make inspections, studies, or assessments.
(3) Purchaser must:
(a) employ only trained and qualified inspectors and assessors;
(b) notify the Seller, in advance of when the inspectors or assessors will
be on the Property;
(c) abide by any reasonable entry rules or requirements of Seller;
(d) not interfere with existing operations or occupants of the Property;
and
(c) restore the Property to its condition prior to Purchaser's inspection
if altered due to inspections, studies,tests, or other assessments that
Purchaser completes or causes to be completed, and repair any
damages to the Property caused by any such inspections, studies,
tests, or other assessments, or Purchaser shall reimburse Seller for
all reasonable expenses incurred by Seller in repairing such damages
if Purchaser does not promptly repair such damages after written
notice of such damages has been delivered by Seller to Purchaser.
Purchaser's obligation to restore the Property will survive
termination of this Agreement.
(4) Without waiving any governmental immunity of Purchaser, Purchaser is
responsible for any claim, liability, encumbrance, cause of action, and
expense resulting from Purchaser's inspections, studies, tests, or other
assessments of the Property, including any property damage or personal
injury.
Based on Purchaser's review and approval of the Title Commitment, the Survey,
Purchaser's inspections, studies, and assessments of the Property, and such other inspections,
reports, and studies as Purchaser has deemed necessary or appropriate, Purchaser acknowledges
that it has had a full and fair opportunity to investigate the Property and agrees to acquire the
Property in its AS IS WHERE IS CONDITION,WITH ALL FAULTS.
8. SELLER'S REPRESENTATIONS, WARRANTIES, AND COVENANTS. Seller
represents and warrants all of the following as of the date of this Agreement and as of the Closing
Date that:
(a) Seller has good and indefeasible fee simple title to the Property, and Seller
shall at the Closing hereunder convey to Purchaser by special warranty
deed, good and indefeasible fee simple title to the Property, subject only to
the Permitted Exceptions.
(b) Seller has, without notice to or consent or joinder of any other person or
entity, the full right, power and authority to enter into and perform this
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Agreement, including full right,power and authority to sell and convey the
Property to Purchaser. This Agreement constitutes the legal, valid and
binding obligation of Seller enforceable in accordance with its terms.
(c) There are no adverse or unknown parties in possession of the Property.
(d) Seller has not received or given any written notice of any pending
condemnation or similar proceeding affecting the Property.
(e) Except for debts, liabilities, and obligations for which provisions are made
in this Agreement for proration or other adjustments at the Closing, as of
the Closing, all debts, liabilities, and obligations of Seller arising from the
ownership and operation of the Property will have been paid.
(f) During the pendency of this Agreement, Seller will not enter into any
contract or instrument that will affect title to the Property or create an
obligation affecting Purchaser or the Property subsequent to the Closing;
(The warranties,representations and covenants contained in this Agreement
shall survive the Closing and shall inure to the benefit of and be binding
upon the heirs, legal representatives, successors and assigns of the parties
hereto).
(g) Each of said warranties and representations is true and correct as of the date
hereof and shall be true and correct as of the date of Closing.
Seller's representations and warranties set forth in this Section will survive the Closing for
a period of one (1)year. As a condition precedent to Purchaser's obligation to close the purchase
and sale transaction contemplated in this Agreement, Seller's representations and warranties
contained herein must be and remain true and correct as of the date hereof and as of the Closing
Date. If Seller's representations and warranties contained herein are not true as of the Closing
Date, Purchaser may elect to terminate this Agreement. Prior to the Closing Date, Seller shall
notify Purchaser in writing of any fact, conditions or circumstances which render any of the
representations and warranties set forth in this Section in any material way inaccurate, incomplete,
incorrect or misleading.
9. PURCHASER'S REPRESENTATIONS, WARRANTIES, AND COVENANTS.
Purchaser hereby represents and warrants all of the following as of the date hereof and as of the
Closing Date that:
(a) Purchaser is a home-rule municipal corporation,duly organized and in good
standing under the laws of the State of Texas and has the power to enter into
this Agreement and to execute and deliver this Agreement and to perform
all duties and obligations imposed upon it hereunder and Purchaser has
obtained all necessary corporate authorizations required in connection with
the execution and delivery and performance of this Agreement and the
transactions contemplated herein and has obtained the consent of all entities
and parties (whether private or governmental)necessary to bind the parties
to this Agreement. This Agreement will, when executed and delivered by
Purchaser, constitute the valid and binding obligation of Purchaser
enforceable in accordance with its terms.
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(b) Purchaser agrees that it is purchasing and accepting the Property in its "AS
IS, WHERE IS CONDITION and subject to ALL FAULTS", whether
latent or patent, known or unknown, foreseen or unforeseen, and now or
hereafter existing, and except for Seller's representations and warranties
expressly set forth in this Agreement, Purchaser has based its purchase
decision upon Purchaser's inspection of the Property. Purchaser shall
acquire the Property subject to any and all laws, ordinances, requirements,
limitations,restrictions,regulations and codes which are or may be imposed
on the Property by any governmental or quasi-governmental authority
having any jurisdiction thereof.
Purchaser's representations and warranties set forth in this section will survive the Closing
or termination of this Agreement for a period of one (1) year. As a condition precedent to Seller's
obligation to close the purchase and sale transaction contemplated in this Agreement, Purchaser's
representations and warranties contained herein must be and remain true and correct as of the date
hereof and as of the Closing Date. Prior to the Closing Date, Purchaser shall notify Seller in
writing of any facts, conditions or circumstances which render any of the representations and
warranties set forth in this section in any material way inaccurate, incomplete, incorrect, or
misleading.
10. CLOSING.
A. The closing of the sale will take place at the office of the Title Company thirty (30) days
after the expiration of the Inspection Period,or such earlier date as may be mutually agreed
upon by the Parties (the "Closing Date").
B. Seller's Closing Obligations and Documents. At the Closing, Seller shall at Seller's
sole cost and expense, deliver, or cause to be delivered, in escrow to the Title Company
the following:
(1) A duly executed special warranty deed in a recordable form substantially similar to
Exhibit `B" conveying to Purchaser good and indefeasible fee simple title to the
Property, subject only to the Permitted Exceptions.
(2) A duly executed bill of sale conveying to Purchaser the Personal Property described
in this Agreement free and clear of liens, security deposits, and encumbrances, and
subject only to the Permitted Exceptions to the extent applicable, if any.
(3) A duly executed assignment of the Operating Agreements affecting the Property.
(4) Evidence of Seller's authority and capacity to close this transaction.
(5) Any assignments to Purchaser of Seller's entire interest in any certificates, permits
and other documents to be delivered to Purchaser at Closing that are then in effect,
assignable by Seller and being assumed by Purchaser.
Page 9 of 28
(6) A closing certificate issued by Seller to Purchaser reflecting that Seller is not, as of
the Closing Date, a party to any litigation in which any adverse parry seeks an
interest in the Property.
(7) Any and all other documents reasonably required by the Title Company to close
this transaction.
(8) At the Closing,the Seller shall cause the Title Company to deliver to Purchaser the
Title Policy. Purchaser is responsible for the cost of the Title Policy.
(9) Seller shall deliver possession of the Property to Purchaser upon closing and
funding of this sale.
C. Purchaser's Closing Obligations and Documents. At the Closing, Purchaser shall, at
Purchaser's sole cost and expense, deliver, or cause to be delivered in escrow to the Title
Company the following:
(1) The Purchase Price, less the Independent Contract Consideration that is applied to
the Purchase Price, plus or minus applicable prorations, in immediate, same-day
funds wired for credit into the Title Company's escrow account.
(2) Evidence of Purchaser's authority and capacity to close this transaction.
(3) Any other documents that Seller or the Title Company reasonably require in the
consummation of this transaction.
D. Closing Statements. On the Closing Date, Seller and Purchaser will deposit with the Title
Company executed closing statements consistent with this Agreement in the form required
by the Title Company.
E. Taxes. The Parties agree that neither rollback taxes nor proration of taxes are applicable to
this transaction. The Parties agree and acknowledge that the Parties are exempted from the
payment of Texas state and local sales, excise, and use taxes pursuant to Texas Tax Code
Ch. 151,and shall therefore not be liable or responsible for the payment of such taxes under
this Agreement from and after the Closing Date.
F. Upon satisfaction or completion of the conditions and deliveries under this Agreement,and
in accordance with written instructions to the Title Company by the Parties (not
inconsistent with this Agreement)the Title Company shall immediately record and deliver
the documents in this section to the appropriate parties and make disbursements according
to the closing statement executed by Seller and Purchaser.
11. CLOSING COSTS AND CREDITS, AND PRORATIONS. Seller, at Closing, shall pay,
or cause to be paid, one-half(1/2) of any escrow fees charged by the Title Company, if any, and all
Page 10 of 28
of Seller's attorneys' fees incurred in connection with the preparation and negotiation of this
Agreement.
Purchaser, at Closing, shall pay, or cause to be paid, the cost of the Title Policy, together
with any premium charged by the Title Company for the amendment of the standard printed
exceptions relating to boundaries to read "any shortages in area," one-half(1/2) of the escrow fees
charged by the Title Company, the cost of recording the special warranty deed from Seller to
Purchaser, documentary stamps and fees.
The Parties agree that all other costs (other than costs specifically provided for in this
Agreement to be paid for by either Purchaser or Seller, as applicable) that are related to the
transaction, negotiation, sale, transfer and conveyance contemplated by this Agreement shall be
paid, or caused to be paid,by the Party incurring the same.
All rents, lease commissions, interest, insurance premiums for insurance policies assumed
by Purchaser, maintenance expenses, operating expenses, for all Operating Agreements, for the
year of Closing will be prorated at the Closing effective as of the Closing Date. Any security
deposits held by Seller shall be delivered to Purchaser.
12. DEFAULT.
A. PURCHASER'S REMEDIES. If Seller fails to close this Agreement for any reason except
Purchaser's default or the termination of this Agreement pursuant to a right to terminate
set forth in this Agreement, Seller will be in default and Purchaser may elect to enforce
specific performance of this Agreement or terminate this Agreement by delivering a written
notice to Seller, this Agreement shall terminate and be of no further force and effect
whatsoever as to the Parties, and the Parties shall have no further obligations to one another
with respect to the Property, and the transaction contemplated by this Agreement, other
than those obligations that expressly survive termination. If Purchaser elects to terminate
this Agreement due to Seller's default,Purchaser shall be deemed to have waived any other
remedies available to Purchaser in law or in equity. The foregoing remedy constitutes
Purchaser's sole remedy for Seller's default.
B. SELLER'S REMEDIES. If Purchaser fails to close this Agreement for reasons except
Seller's default or the termination of this Agreement pursuant to a right to terminate set
forth herein, then Purchaser will be in default and Seller, as its sole and exclusive remedy,
may terminate this Agreement by delivering written notice to Purchaser, in which event
the Independent Contract Consideration shall be retained by Seller as liquidated damages,
and this Agreement shall terminate and be of no further force and effect whatsoever as to
the Parties, and the Parties shall have no further obligations to one another with respect to
the Property, and the transaction contemplated by this Agreement other than those
obligations that expressly survive termination.
13. DELETED.
Page 11 of 28
14. NO INDEMNIFICATION. NO INDEMNIFICATION BY EITHER PARTY. THE
PARTIES ACKNOWLEDGE AND AGREE THAT THE PARTIES DO NOT HAVE THE
ABILITY UNDER ARTICLE XI, SECTIONS 5 AND 7 OF THE TEXAS CONSTITUTION TO
INDEMNIFY PURCHASER, SELLER, OR ANY OTHER THIRD PARTY FOR DAMAGES
ARISING UNDER THIS TRANSACTION,NEGOTIATION, AND AGREEMENT.
15. DISCLAIMER OF WARRANTIES.
EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8 HEREOF,IT IS UNDERSTOOD AND
AGREED THAT SELLER IS NOT MAKING AND HAS NOT AT ANY TIME MADE ANY
WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR
IMPLIED, WITH RESPECT TO THE PROPERTY (EXCEPT FOR THE WARRANTY OF
TITLE CONTAINED IN THE SPECIAL WARRANTY DEED DELIVERED AT CLOSING),
INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS
TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY
WARRANTY WITH RESPECT TO (A) THE NATURE AND CONDITION OF THE
PROPERTY, INCLUDING WITHOUT LIMITATION, THE WATER, SOIL AND ECOLOGY,
THE SUITABILITY THEREOF AND OF THE PROPERTY FOR ANY AND ALL ACTIVITIES
AND USES WHICH PURCHASER MAY ELECT TO CONDUCT, OR THE SUITABILITY OF
THE PROPERTY FOR PURCHASER'S INTENDED USE THEREOF; THE EXISTENCE OF
ANY ENVIRONMENTAL HAZARDS OR CONDITIONS (INCLUDING BUT NOT LIMITED
TO THE PRESENCE OF ASBESTOS OR OTHER HAZARDOUS MATERIALS) OR
COMPLIANCE WITH APPLICABLE ENVIRONMENTAL LAWS, RULES OR
REGULATIONS; (B) THE NATURE AND EXTENT OF ANY RIGHT-OF-WAY, LEASE,
POSSESSION, LIEN, ENCUMBRANCE, LICENSE, RESERVATION, CONDITION OR
OTHERWISE; (C) THE COMPLIANCE OF THE PROPERTY OR ITS OPERATION WITH
ANY LAWS, ORDINANCES OR REGULATIONS OF ANY GOVERNMENTAL ENTITY OR
BODY, INCLUDING ZONING; AND (D) THE AVAILABILITY OF ACCESS, INGRESS OR
EGRESS, OPERATING HISTORY OR PROJECTIONS, VALUATION, GOVERNMENTAL
APPROVALS, GOVERNMENTAL REGULATIONS OR ANY OTHER MATTER OR THING
RELATING TO OR AFFECTING THE PROPERTY.UPON CLOSING,SELLER SHALL SELL
AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE PROPERTY
"AS IS, WHERE IS, WITH ALL FAULTS", EXCEPT TO THE EXTENT EXPRESSLY
PROVIDED OTHERWISE IN THIS AGREEMENT AND ANY DOCUMENTS TO BE
EXECUTED AT CLOSING. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE
CLOSING, THE EXECUTION AND DELIVERY OF ALL DOCUMENTS UNDER THIS
AGREEMENT, THE PAYMENT OF THE PURCHASE PRICE, OR ANY TERMINATION OF
THIS AGREEMENT.
16. RELEASE AND WAIVER OF CLAIMS.
EXCEPT AS IT MAY CONSTITUTE A BREACH OF A REPRESENTATION OR
WARRANTY UNDER SECTION 8 HEREOF, PURCHASER AGREES THAT SELLER
SHALL NOT BE RESPONSIBLE OR LIABLE TO PURCHASER FOR ANY
CONSTRUCTION DEFECT, ERRORS, OMISSIONS, OR ON ACCOUNT OF ANY OTHER
Page 12 of 28
CONDITIONS AFFECTING THE PROPERTY, WHETHER LATENT OR PATENT, KNOWN
OR UNKNOWN, FORESEEN OR UNFORESEEN, AND NOW OR HEREAFTER EXISTING,
AS PURCHASER IS PURCHASING THE PROPERTY AS-IS,WHERE-IS,AND WITH ALL
FAULTS. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE CLOSING, THE
EXECUTION AND DELIVERY OF ALL DOCUMENTS UNDER THIS AGREEMENT, THE
PAYMENT OF THE PURCHASE PRICE,OR ANY TERMINATION OF THIS AGREEMENT.
17. MISCELLANEOUS PROVISIONS.
A. NOTICES. Any notices, consents or other communications required or permitted to be
given pursuant to this Agreement must be in writing and shall be sent to the address set
forth below(or such other address as the party might hereafter designate for itself by notice
to the other parties as required hereby). Any such notice or communication shall be
sufficient if sent by registered or certified mail,return receipt requested,postage pre-paid;
by hand delivery; by overnight courier service; or by electronic mail, provided that a copy
of such notice is also sent by overnight courier service. Any such notice or communication
shall be effective on (a) the date of receipt if delivered personally; (b) three (3) days after
deposit in an official depository under the regular care and custody of the United States
Postal Service, if transmitted by registered or certified mail, return receipt requested; (c)
the first business day after the date of deposit, if transmitted by overnight courier service;
or (d) the date of transmission, if transmitted by electronic mail (provided that a copy is
also deposited with an overnight courier service on or before the next business day),
whichever shall first occur.
If to Purchaser: City of Southlake
1400 Main Street, Ste. 460
Southlake, Texas 76092
Attention: City Manager
If to Seller: Carroll Independent School District
2400 N. Carroll Ave.,
Southlake, Texas 76092
Attention: Superintendent/Chase B. Park
Email: CHASE.PARK@southlakecarroll.edu
With a copy to: Jackson Walker LLP
777 Main Street, Suite 2100
Fort Worth, Texas 76102
Attention: Joel Heydenburk/Claire Porterfield
Email:jeydenburk@jw.com
cporterfield@jw.com
If to Title Company: First American Title,
601 E. Southlake Blvd.,
Southlake, Texas 76092,
Page 13 of 28
Attention: Angela Waldrop, Escrow Officer
B. APPLICABLE LAW. This Agreement shall be construed under and governed in
accordance with the laws of the State of Texas, without regard for conflict of laws
principles. This Agreement is performable and venue for any action hereunder shall
exclusively be in the state district court physically located in Tarrant County, Texas.
C. ATTORNEYS' FEES. In any legal proceeding brought under or with relation to this
Agreement or transaction, the prevailing parry in such proceeding shall be entitled to
recover court costs, reasonable attorneys' fees, and all other litigation expenses from the
other.
D. INTEGRATION. This Agreement contains the complete agreement between the Parties
with respect to the Property and cannot be varied except by written agreement. The Parties
agree that there are no oral agreements, understandings, representations or warranties
signed by the Parties which are not expressly set forth herein.
E. SURVIVAL. Any warranty, representation, covenant or condition contained in this
Agreement not otherwise consummated at the Closing will survive the Closing of this
transaction for one (1)year.
F. BINDING EFFECT. This Agreement shall inure to the benefit of and bind the Parties
hereto and their respective heirs, legal representatives, successors and assigns; provided,
however, that neither Parry may assign this Agreement, in whole or in part, without the
prior, written consent of the other, except that Purchaser shall be entitled to assign its
interest in this Agreement to an entity that controls, is controlled by, or under common
control, with Purchaser, to a wholly owned subsidiary of Purchaser or Purchaser's parent,
or to an entity in which Purchaser or any of its principals or affiliates are owners without
the prior written consent of Seller. For this purpose, "control" or any derivative thereof
means the power to direct the policies and management of the entity in question. Purchaser
may assign its rights or obligations under this Agreement, to a governmental non-profit
organization created by the Purchaser pursuant to Texas Local Gov't Code Chapters 501
through 505. As a condition to any such assignment, the assignee shall assume in writing
all of Purchaser's obligations under this Agreement, and Purchaser shall deliver to Seller a
fully executed assignment and assumption agreement evidencing such assumption.
Notwithstanding any such assignment, Purchaser shall remain liable for the performance
of all of Purchaser's obligations under this Agreement.
G. TIME FOR PERFORMANCE. Time is of the essence in this Agreement and each
provision hereof. 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 final date of such period will be extended to the next day that is not a
Saturday, Sunday, or legal holiday.
H. RIGHT OF ENTRY. Purchaser shall have the right to enter upon the Property prior to
Page 14 of 28
Closing for the purposes of conducting studies, inspections, testing, and other assessments
of the Property during normal business hours.
J. SEVERABILITY. In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect,by a court of competent jurisdiction, such invalidity, illegality, or unenforceability
shall not affect any other provisions hereof, and this Agreement shall be construed as if
such invalid, illegal, or unenforceable provision is severed and deleted from this
Agreement.
K. COUNTERPARTS. This Agreement may be executed in a number of identical
counterparts. Each such counterpart is deemed an original for all purpose and all such
counterparts shall, collectively, constitute one agreement, but, in making proof of this
Agreement, it shall not be necessary to produce or account for more than one counterpart.
L. AMENDMENTS AND CHANGES IN THE LAW. No modification, amendment,
novation, renewal or other alteration of this Agreement shall be effective unless mutually
agreed upon in writing and executed by the Parties. Any alteration, addition, or deletion
to the terms of this Agreement which are required by changes in local, state, or federal law
are automatically incorporated herein without written amendment to this Agreement and
shall be effective on the date designated by said law.
M. SOVEREIGN/GOVERNMENTAL IMMUNITY. THIS AGREEMENT IS EXPRESSLY
MADE SUBJECT TO EACH PARTY'S SOVEREIGN OR GOVERNMENTAL
IMMUNITY AND THE PARTIES AGREE THAT EACH PARTY IS ACTING
PURSUANT TO ITS GOVERNMENTAL FUNCTIONS AND NOTHING CONTAINED
IN THIS AGREEMENT SHALL BE CONSTRUED AS CONSTITUTING A WAIVER
OF A PARTY'S SOVEREIGN OR GOVERNMENTAL IMMUNITY FROM SUIT OR
LIABILITY, WHICH IS EXPRESSLY RESERVED TO THE EXTENT ALLOWED BY
LAW. FURTHER,WITHOUT WAIVING ANY IMMUNITIES,THE PARTIES AGREE
THAT THIS AGREEMENT IS MADE SUBJECT TO ALL APPLICABLE
PROVISIONS OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE("CPRC"),
INCLUDING BUT NOT LIMITED TO ALL DEFENSES, LIMITATIONS, AND
EXCEPTIONS TO THE LIMITED WAIVER OF IMMUNITY FROM LIABILITY
PROVIDED IN CPRC CH. 101 AND CH. 75.
N. GENDER; NUMBER. Unless the context requires otherwise, all pronouns used in this
Agreement shall be held and construed to include the other genders, whether used in the
masculine, feminine or neuter gender, and words in the singular number shall be held and
construed to include the plural, and words in the plural shall be held and construed to
include the singular.
O. PATRIOT ACT REPRESENTATION. Seller and Purchaser each represent to the other
that: (1) its property interests are not blocked by Executive Order No. 13224, 66 Fed. Reg.
49079; (2) it is not a person listed on the Specially Designated Nationals and Blocked
Page 15 of 28
Persons list of the Office of Foreign Assets Control of the United States Department of the
Treasury; and(3) it is not acting for or on behalf of any person on that list.
Q. CONSULTATION WITH ATTORNEY. This Agreement is a legally binding agreement.
The parties to this Agreement acknowledge that they have been advised to have this
Agreement reviewed by their respective legal counsel before signing this Agreement.
Signatures continued on following page
Page 16 of 28
IN WITNESS WHEREOF, the Parties hereto have accepted the terms of this Agreement
and caused this Agreement, including the exhibits attached hereto and incorporated herein by
reference for all purposes, to be executed as of the dates set forth below.
SELLER:
CARROLL INDEPENDENT SCHOOL DISTRICT
By:
Name:
Title:
Date of Execution: , 2026
ATTEST:
Name:
Title:
Date of Execution: , 2026
PURCHASER:
CITY OF SOUTHLAKE, TEXAS
BY:
Name:
Title:
Date of Execution: , 2026
ATTEST:
By:
Name:
Title:
Date of Execution: 12026
Page 17 of 28
ACKNOWLEDGMENT OF RECEIPT OF
AGREEMENT BY TITLE COMPANY
First American Title, 601 E. Southlake Blvd., Southlake, Texas 76092 (the "Title Company")
hereby acknowledges the receipt of one (1) fully executed counterpart of this Agreement on the
day of , 2026. The Title Company hereby agrees that,upon receipt thereof,
it will hold the Independent Contract Consideration deposit as contemplated by this Agreement
and dispose of it in strict accordance with the terms and provisions of this Agreement.
By:
Name:
Title:
Page 18 of 28
EXHIBIT "A"
LEGAL DESCRIPTION/DEPICTION OF THE PROPERTY
Being Lot 1, Old Dragon Stadium Addition, formerly a part of Lot 1, Block 1, Carroll ISD
Addition No. 3, Southlake, Tarrant County, Texas.
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Exhibit `B"
FORM OF SPECIAL WARRANTY DEED
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM 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
THE STATE OF TEXAS §
COUNTY OF TARRANT §
Carroll Independent School District, a Texas political subdivision, located at 2400 N.
Carroll Ave., Southlake, Texas ("Grantor"), for and in consideration of the sum of$10.00 and
other good and valuable consideration to Grantor paid by City of Southlake, a Texas home-rule
municipality, located at 1400 Main Street, Ste. 460, Southlake, Texas ("Grantee"),the receipt and
sufficiency of which are hereby acknowledged, and subject to the reservations and easements
described below, has GRANTED, BARGAINED, SOLD and CONVEYED and by these presents
does GRANT, BARGAIN, SELL and CONVEY unto Grantee all of Grantor's rights, title, and
interest in and to the real property located in Tarrant County, Texas, described on EXHIBIT A
(the "Property"),together with Grantor's rights,title,and interest in and to all privileges,interests,
contracts, improvements, leases, licenses, appurtenances, or any other agreements affecting the
Property or pertaining thereto, whether above or below the surface thereof (collectively
the "Ancillary Rights"); SAVE AND EXCEPT, and there is hereby RESERVED unto Grantor, its
successors and assigns, and only to the extent Seller has any rights in any oil, gas, hydrocarbons,
other minerals, and geothermal resources, including without limitation brine (including all
dissolved constituent elements, whether separately or mixed or combined with any other
substance, and whether in solution, dissolved or in suspension),together with all other products or
materials produced therefrom or in association therewith, only when extracted,under the Property
from other properties at depths of and below five hundred feet (500'), or that may be produced
from under the Property by access from other properties at depths of and below five hundred feet
(500'), together with all rights, royalties, bonuses, and revenues related thereto (the "Reserved
Mineral and Geothermal Rights"); provided, however, that Grantor, on behalf of itself and its
successors and assigns,hereby unconditionally and permanently waives and releases in perpetuity
all rights of ingress, egress, and surface use of the Property in connection with the exploration,
development, production, study, testing, exploitation of, mining, processing, transporting,
marketing of the Reserved Mineral and Geothermal Rights, and any future lease of the Reserved
Mineral and Geothermal Rights executed by Grantor or its successors or assigns shall expressly
exclude all rights of ingress and egress to, and prohibit the lessee from conducting any exploration,
development, production, study, testing, exploitation of, mining, processing, transporting, or
marketing, or operations on, or constructing any improvements upon, the surface of the Property;
Page 21 of 28
provided further, that nothing herein shall prevent Grantor or its successors or assigns from
exploring for, developing, or producing the Reserved Mineral and Geothermal Rights by pooling
or by directional drilling under the Property from well sites located on other lands,but only to the
extent (1) the surface of the land is not disturbed, and (2) the exploration, development, or
production of Reserved Mineral and Geothermal Rights by pooling or directional drilling enters
or bottoms under the Land at depths of and below five hundred feet (500') (the foregoing
reservation and waiver, collectively, the "Mineral Reservation and Surface Waiver").
This conveyance is made by Grantor and accepted by Grantee subject to the matters listed
on EXHIBIT B attached hereto (the "Permitted Encumbrances").
As additional consideration under this Special Warranty Deed, Grantor represents that it
has full ownership of, or otherwise has the authority to license and use, the Carroll Independent
School District ("CISD") logo and CISD slogan "Protect the Tradition" and the style, font, and
colors related thereto. The CISD corporate names or trade names, trademarks, service marks,
logos, slogans, or other proprietary symbols, styles, fonts, and colors owned and used by Grantor
(collectively, the "Seller Marks") on the Property and any personal property located thereon shall
be and remain, the sole and exclusive property of Grantor. However, Grantor hereby grants to
Grantee, but not its successor or assigns, a license to use the Seller Marks on the Property or the
personal property located thereon without any additional compensation to Grantor for Grantee's
municipal purposes during Grantee's ownership of the Property only, but not the right to use the
Seller Marks in any manner unrelated to Grantee's municipal purposes, the Property, or the
personal property located thereon. Grantee shall have the right to use the Seller Marks without
additional compensation to Grantor in any way and to reproduce the same for any municipal
purposes related to the Property and the personal property located thereon and in accordance with
CISD's current guidelines for use and after notice to Seller. Grantor and Grantee hereby
acknowledge and agree that license granted in this paragraph to the Grantee is not a covenant
running with the land and is personal to the Grantee during its ownership of the Property only.
Any and all Seller Marks located the Property or the personal property located thereon shall be
removed therefrom in the event Grantee conveys the Property to a third party, unless otherwise
agree to in writing by Grantor.
All taxes and other assessments assessed against the Property for the year 2026 have been
prorated, settled, or otherwise suspended between the parties, and except where Tax exempt,
Grantee assumes and agrees to pay such taxes and assessments in full. If this Special Warranty
Deed or Grantee's use of the Property after the date hereof results in additional taxes or
assessments for periods before the date hereof, such taxes and assessments shall be the obligation
of and paid by Grantor.
TO HAVE AND TO HOLD the Property and Ancillary Rights, subject to the matters set
forth above, together with all and singular the rights and appurtenances thereto in anywise
belonging,unto Grantee, its successors and assigns forever; and Grantor does hereby bind Grantor
and Grantor's heirs, successors, and assigns to WARRANT AND FOREVER DEFEND, all and
singular, the Property unto Grantee, its successors and assigns, against every person whomsoever
lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not
Page 22 of 28
otherwise.
Page 23 of 28
IN WITNESS WHEREOF, the parties have executed this Agreement and caused this
Agreement to be effective as of the last date below.
GRANTOR:
Carroll Independent School District
Signature
Printed Name
Title
Signed on the day of 52026.
Acknowledgement
State of Texas §
Tarrant County §
This instrument was acknowledged before me on the day of , 2026, by
[printed name], [title] of
Carroll Independent School District, a Texas political subdivision, on behalf of the same.
[seal]
Notary Public, State of Texas
Page 24 of 28
GRANTEE:
City of Southlake
Signature
Printed Name
Title
Signed on the day of , 2026.
Acknowledgement
State of Texas §
Tarrant County §
This instrument was acknowledged before me on the day of , 2026, by
[printed name], [title] of
the City of Southlake, a Texas home-rule municipal corporation, on behalf of the same.
[seal]
Notary Public, State of Texas
After recording, return to:
City of Southlake
1400 Main St., Suite 460
Southlake, Texas 76092
Page 25 of 28
EXHIBIT A
LEGAL DESCRIPTION
Being Lot 1, Old Dragon Stadium Addition, formerly a part of Lot 1, Block 1, Carroll ISD
Addition No. 3, Southlake, Tarrant County, Texas.
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EXHIBIT B
PERMITTED ENCUMBRANCES
Page 28 of 28