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Release - US Dept. of Army - SH Armory - CS 3922REPLY TO ATTENTION OF Real Estate Division DEPARTMENT OF THE ARMY FORT WORTH DISTRICT, CORPS OF ENGINEERS P. O. BOX 17300 FORT WORTH, TEXAS 76102 -0300 August 15, 2012 Subject: Miller United States Army Reserve Center, Huntsville, Texas; Notice of Cancellation of Lease DA -41- 243 -ENG -2893 Mr. Aron Kulhavy Public Works Director /City Planner 448 State Highway 75 N. Huntsville, Texas 77320 Dear Mr. Kulhavy: CITY SECRETARY RY FILE ID. # NOTICE is hereby given that the United States of America exercises its rights reserved in the above referenced lease instrument and will quit, relinquish, and give up the premises on 15 September 2012 (hereafter the Termination Date). Pursuant to a delegation of authority from the Secretary of the Army, under the authority given to landholding agencies in the Federal Management Regulations, 41 CFR 102 - 75.296, to dispose of less than fee interest and the general administrative authority to manage and clear title to property under the control of Army, the undersigned Chief of Real Estate, U.S. Army Engineer District, Fort Worth, hereby releases and disposes unto the City of Huntsville, Texas (hereafter the Lessor), its successors and assigns, all its right, title, and interest in the Government -owned fixtures, structures or signs (hereafter Government -owned Improvements) lawfully placed on the premises according to the lease instrument, and which are remaining on the premises as of the termination date of the lease instrument. Lessor, or its successors or assigns, hereby accepts full ownership of the Government -owned Improvements "AS IS" and to the extent authorized by law, the Lessor, its successors and assigns, covenant and agree to indemnify and hold harmless the United States, its officers, agents, and employees from any and all claims, damages, judgments, losses, and costs, including fines and penalties, arising out of Lessor's ownership, including liability for asbestos or lead -based paint. Lessor further acknowledges that no warranties, either express or implied, are given with regard to the condition of the Government -owned Improvements, including, without limitation, whether they do or do not contain asbestos or lead -based paint. Lessor shall be deemed to have relied solely on its own judgment in assessing the overall condition of all or any portion of the Government -owned Improvements, including, without limitation, any asbestos, lead -based paint, or other conditions with respect to the Government -owned Improvements. Lessor's failure to inspect or to exercise due diligence to be fully informed as to the condition of all or any portion of the Government -owned Improvements, will not constitute grounds for any claim or demand against the United States. -2- Your cooperation in making this property available to the Government is very much appreciated. Sincerely, Hy la J. Head District Chief of Real Estate Real Estate Contracting Officer *96��p��om^fs�*�T��u�y��yac 3916 CONSENT 157 Davd�E. C�yofHunLaiUe yWontwa|kHo|dings Ltd. 1O40 363 08/17/12 ' 09-03-06 3898 11=11111311111 Davids, E. City of Huntsville Garcia, Hermelinda 032 645 07/24/12 0.0040 ac. out of Lot 1, J.E. McDonald Subd. (2/169 PR) 09-11-05 3899 1.11131.11157 Davids, E. City of Huntsville Garda, Jose Luis 0 656 07/24/12 10.0253 ac. out of Lot 2, J. E. McDonald Subd. (2/169 PR) 09-11-05 3900 111MMIIMEIN Davids, E. City of Huntsville Garcis, Hermelinda 032 656 07/24/12 0.0253 ac. out of Lot 2, J. E. McDonald Subd. (2/169 PR) 09-11-05 3901 CORRECTION gill Cox, L. City of Huntsville Dominey, Sam C. 10 4 384 10/27/99 Veterans Memorial Parkway Parcels 13-17 & 27 correction of 3902 CEMWD 24 1111133211111113==.111111111111.11 City of Huntsville 1035 29 08/07/12 Spacees 11 & 12, Row 42, Section 2, Mayes 3903 CEMWD 24 Gray, P. White, David City of Huntsville 1035 31 08/07/12 Space 27, Row 18, Section 2, Mayes ME 3904 CEMWD 24 Gray, P. White, Susan City of Huntsville 035 Mill 08/07/12 Space 27, Row 18, Section 2, Mayes .1.11111 3905 CEMWD 24 Gray, P. White, Thomas City of Huntsville 10 31 08/07/12 Space 27, Row 18, Section 2, Mayes 3906 CEMWD 24 Gray, P. Shurley, Billy R. City of Huntsville 035 08/07/12 Spaces 20 & 21, Row 18, Section 2, Mayes CORRECTION • 3907 24 Gray, P. Shurley, Billy R. City of Huntsville 036 08/14/12 Spaces 20 & 21, Row 18, Section 1, Mayes CEMWD CORRECTION 3908 24 Gray, P. White, David City of Huntsville 10 6 III 08/14/12 Space 27, Row 18, Section 1, Mayes CEMWD CORRECTION 3909 24 Gray, P. White, Susan City of Huntsville 1036 ill 08/14/12 Space 27, Row 18, Section 1, Mayes CEMWD CORRECTION 3910 24 Gray, P. White, Thomas City of Huntsville 036 MI 08/14/12 Space 27, Row 18, Section 1, Mayes CEMWD 3911 MEM 24 Gray, P. City of Huntsville Garcia, Irma 037 789 08/20/12 i.o' UE (0.051 ac.) out of 0.29 ac. (992/462 OPR) 08-10-26 3912 "MEN 24 Gray, P. City of Huntsville Reyes, Miguel 03 89 08/20/12 10' UE (0.051 ac.) out of 0.29 ac. (992/462 OPR) 08-10-26 3913 MEM 589 MEM= City of Huntsville Young, Betty Anne 1038 147 07/30/12 i.o' UE (0.0968 ac.) out of 1.4223 ac. Lot 1 (353/388 OPR) 09-11-05 3914 UE all Davids, E. City of Huntsville Henry, Jimmy D. 1038 MI 08/20/12 09-11-05 (999/394 OPR) 3915 UE 11111 Davids, E. City of Huntsville Young, James H., Ill 1038 155 08/20/12 09-11-05 (999/394 OPR) Holdings, (o�*uaonaznu/ rzmV 3917 =BM 220 Gibbs, Thomas City of Huntsville Oliphant-Jackson, Tiffany 1040 645 08/28/12 zo'uc(0.0mac) out mrz ac. (9^roopx) 08'10-26 3918 UE 220 Gibbs, Thomas City of Oliphant, Robert 1040 653 08/20/12 uruc��omaclout ofsac(oz�uoox) 08-10-26 . � �—_ — 3919 UE 24 Gray, P. City of Huntsville McMiUan, James Wesley 1041 506 09/28/12 uruE(o.0z4ac) out musz ac. (ras/8»`opR) 08'10-26 3920 UE 24 Gray, P. City ofHuntsville McMillan, Kimberly 1041 506 09/20/12 zo'us(o.z4ac) out ^fosz ac. (r3s/m2*opn) 08'10-26 3921 ME 24 Gray, P. City of Huntsville lglecia De Restauracion Lirios Del 1043 96 10/02/12 z»'uc(noyeac} out vr1.yoo/ ac. (ao8/6zrorx) 08'10-26 Valle ' | � � i 34340 WD 24 Gray, P. C�yofHuntn/iUe Thomason, ��f.K4n. 327 ZS 10/17/78 10 Street Town Branch 0J/ZZ/0 :peVupd �e l ease- (DC Le a.s e- THE STATE OF TEXAS, CITY SECRETARY FILE ID. # ?922 County of Walker Whereas, on the 14`h day of January, 1955, a certain lease was entered into by and between the City of Huntsville, Walker County, Texas, party of the first part, as lessor (hereinafter referred to also as "City% "), and The United States of America, hereinafter the Government, party of the second part, as lessee, covering the following described premises situated in the City of Huntsville, County of Walker, State of Texas, to wit: see Exhibit "A ", Item 2, attached hereto, said lease extending for a term of 99 years from said date. The Government, by and through the Department of the Army by written letter dated August 15, 2012 pursuant to Federal Management Regulations, 41 CFR 102 - 75.296 has exercised its right to terminate the lease of the premises and relinquish the premises to the City and has assigned its rights and title and interest in the Government -owned fixtures, structures or signs that have been placed on the premises to the City. A true and correct copy of the written letter from the Department of the Army, (Exhibit 'B "), is attached along with a copy of the lease, (Exhibit "A "). Whereas effective the 15th day of September, 2012, the City does hereby accept said release and surrender of the lease by the Government and hereby consents and agrees to the cancellation of said lease and accepts the title and interest given to the City by the Government. In witness whereof, the undersigned signed this instrument on the i›-day of OCTO BEE 2012. On Be of the Cfy /of Huntsville, Texas Chuck Pinto, Interim City Manager City of Huntsville, Texas 1212 Avenue M Huntsville, Texas 77340 Tel: (936) 291 -5403 Fax: (936) 291 -5409 STATE OF TEXAS ACKNOWLEDGEMENT COUNTY OF WALKER 01,,,IP;r,-to Bef ore me, the undersigned notary, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act of the City of Huntsville, Texas as its City Manager, for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this t Seal: FRANCES LEE WOODWARD NOTARY PUBLIC STATE OF TEXAS COMM. EXP. FEB. 19, 2019 blic, Stat o ex B k 'U o 1 Ps 00003142 OR 1045 415 Bk Vo 1 Ps aid lease, is to be paid to the said Grantee; and,.in event that the above described lease .for any reason becomes cenoeled or forfeited, then and in that event, Grantee shall own all of all oil, gee and other minerals in and under said lends less one- si:teenth(1 /16th) non- participating royalty interest together with alike interest to all bonusee.paid, and all roya ties and rentals provided for in future oil, gas end mineral leases covering the above deeerl lands. TO HAVE AND TO HOLD the above described property, together with all end sin ler the eights and appurtenances thereto En anywise belonging unto the amid Grantee herein, ■ Grantee's successors, heirs, and assigns, forever; and Ggantor does hereby bind himself, his heirs, executors and admintetratore, to warrant and forever defend ell and singular the sat property unto the said Grantee herein, and Grantee's successors, heirs and assigns, against every person whomsoever lawfully. claiming or to claim the same, or any part thereof... WITNESS my hand this the 22nd day of lovember, 1954. e/ W. T. Barrett THE STATE OF TEZAS j COUNTY OF MADISON ) BEFORE MC, a Notary Public in and for Madison County, Texas,. on this day personally appeared W. T. Barrett known to me to be the person whose name is subscribed to t foregoing inatriebi, and acknowledged to me that he executed the sane for the purposes and consideration therein expressed/ GIVENTNDE3 MY HAND AND SBAL 11 OFFICE this the 22nd day of November, A.D. s/ Christeen Evans Andrews (SEAL) Notary Public in and for Madison County, Texas 1954. Filed for record November 5, 1956 at 2:20 o'clock PM 8, 1956 a% 9:15 o'clock AM dek. 4# eputy ae 4a ** ** J. L. Ferguson, Clerk Walker County, Texan ee **Al* e0 ii► a# *0 eat ei 00 if ea• aw if ao e# we if i* 4a if a* -- 01592 -- .CITY OF HUNTSVILLE This contract was negotiated without advertising in accord- . pride with Sec. 2, par(c).(3) Public ' Iew 1413, 80th Congress,, .the . a'ggre- gate amount involved being'$ 1.00 st beginning of lease term, TO UNITED STATES OP AMERICA LEASE DEFAHTMERT OF THE ARMY CORPS CF ENGINEERS SOUTHWESTERN DIVISICE GALVESTCtt DISTRICT LEASE H0. DA 41- .2143411 2 LAND LEAST! THE CITY OF HUNTSVILLE, TEXAS AND THE UNITED STATES OF AMERICA 1. THIS LEASE, mode and entered into this 114t0 day of January in the year one thousand nine hundred and fifty -five (1955) by and between THE CITY OF HUNTSVILIE,.TEZAS, whose address is Huntsville, Texas, and whose interest in the property hereinafter desoribed is that of owner for itself, its eucceaeore, and aesigna,bereinafger called Lessor, and THE UNITED STATES OF AMERICA, hereinafter called the Government: VITNESSETH: The parties hereto for the consideration herelnaf ter mentioned cow- . enant and agree as follows: 2. The Lessor hereby leases to the Government the following described pre:Lees, viz: A tract of land out of the J. W. Adams Survey to Flal City of Huntsville, Texas, and being more .articularly descr r County, Texas and In the 93 1 4 4 8: D/R Vol. 154 Exhibit "A" Page 1 of 4 416 A TRUE COPY I HEREBY CERTIFY, KARI A. FRENCH COUNTY CL K, WAL BY /,1 DEPUTY 6371 CO O= Z = j m m m m ' O r m O 7D -p C m -I- n BEGINNING at a point on the Eaa.t line.of Highway No. 75, which point is in the line of the back of the Sourhern curb line of the Swimming Pool North Drive and is 3 15 deg. 15 min. S. P 41 feet 'from the N. W. corner of the City Swimming Pool 5.2 acre tract and also:in the South �I t. line of the P. Gray League line end North line of the J. W. Adams Survey in Welker County,. Texas; THENCE N 68° 14' E along tbe,back of south curb line 121.2 feet to a. point in line with the L! i 1. ! West fence of Swimming poop; ji ', TEMPOS S 29° 17' Eest 206.8 feet to S. W. corner of Swimming Pool fence; THENCE N 60° 43'. East 84.11 feet with t he South fence line of swimming pool to 'the S. E. corns of fence; TSENCE.S 60°.031 East 303.7 feet to•the West line of Avenue J; THENCE S 0 deg. 19' East 186.2 feet with the West line of Avenue J, to the S. E. corner of the city 5.2 acre tract being also the N. E. corner of the Sadie Woods tract; THENCE N. 89° 0' li 326.1 feet to the N. E. right- of-way lice of Highway No. 75: .THENCE N. 296.121.W along the N. H. right- of-way line of Highway No. 75 330.9 feet to the point of curve in Highway No. 75; THENCE following the curve along said right -of -way, said curve being a 6 deg oueve to the { place of beginning. The cord being North 22° 41•' West 189.7 feet and containing approxiaatelt; r. �I 3.acres of land. - to be used for the following purpose: For United States Army Reserve Armory Site and other% general governmental purposes. 3. TO HAVE AND TO HOLD the said premises for the term beginning 1 February 1955 through 31 January 2054. 4. The Goveament shall pay the Lessor rant in the amount of ONE DOLLAR(81.00). Syys Payment shall b e made at the beginning of the lease term by the Finance Officer, U. S. Army, Fort Sam Houston, Texas. 5. The Government shall have the right during the existence of this lease to , Y make alterations, attach fiAnres and erect additions, etructuree or signs in or upon the premises hereby leased, which fixtures, additions or structures so placed 1n, upon ; to the said promises shall be end remain the property of the Government or attached .and may be removed or i otherwise disposed of by theGoverament. The Government 'hall surrender possession of the premises upon expiration or termination of this lease and shall not be required to make any restoration of the leased premises. Any buildings erected pursuant to this Article shall be of masonry construction and faced with common brick. No buildings shall be erected in the area between the City Swimming Pool end highway No. 75 lying north of the extended line of t• the Swimming Pool south fence.• 4 N 0 6. The Government may terminate this leaae.et any time by giving thirty(30) C) /.4 in writing to the lessor. L 7. Any notice under the terms of this lease shill be in writing signed by a duly, authorised representative of the party giving such notice, and if given by the Government 4 71 shall be addressed tot he Lessor at Huntsville, Texas, and if given by the Lesser shall be days not ice addressed to the District Engineer, Galveston Dietrlot, Corps of Hngineers, P. 0. Box 1229, ;s Galveston, Texas. 8. The Lessor warrants that no person or selling agency has beenenployed or re -�1 tained to solicit or secure this contract upon an agreement or understanding for a commisslori, percentage, brokerage, or contingent fee, eitbepting bone fide employees or bona fide established commercial or selling agencies maintained by the Lessor for the purpose of securing business.1) Exhibit "A" Page 2 of 4 D/R Vol. 154 638 For breach or violation of warranty the Government shalt have the right to annpl this contract without liability or'to'ite discretion to deduct from the contract price or conaideretion the full amount of such commission, percentage, brokerage, or contingent tee. 9. No member of or delegate to Congress or Insideot Coosrieetoner shall be admitted to any .hare or part of this lease or to any benefit that may striae therefrom, but this provision. shall not by construed to extend to this lease if made with a corporation for its general benefit. 10. 'Gratuities: (a) The Government may, by written notice to the Lessor, terminate the right of the Lessor to proceed under this contract if it is found, after notioe end herring, by the Secretary or his duly authorised representative, that gratuities( in the form of entertainmept,gifts, or other wise) were offered or given by the Lessor, or any agent or representative of the Lessor,. to any officer or employee of the Government with a view toward securing a contract or securing favorable treatment with respect to the awarding or ameding, or t he making of any determinations with respect to the performing, of such contract;; If provided, that the existence of the feats upon which the Secretary or his duly authorised re -14 presentative makes such findings shall be in isaue and may be reviewed in any competent court (b) In the event this contract is terminated as provided in paragraph, (a) hereof, the Government shall be entitled (1) to pursue the same remidies agtoat the Lesso' as it could pursue Ln the event of a breach of the contract by the Lessor, and (2) as a penalt in addition to any other damages to which it maybe entitled by law, to exemplary dameages in an amount( as determined by the Secretary or his duly authorised representative) which shall be not-less than 3 nor more than 10 times the cost incurred by the Lessor Ln providing any such gratuities to any such officer or employee. (c) The rights and remedies of the Government provided in this clause shall not be exclusive and are in additton.to any other rights and remidies provided by law or under thi contract. 11. Any other provisions of this lease notwithstanding this lease shall terminate after five years unless the Government has constructed'the armory building improvements attached to said premises shall hereidbefore contemplated, in which event all revert to Lossor, its successors or autos. 12. It is further agreed that the premises are suitable for the purposes II they are leaseddand that Lessor shall be in no way responsible for the construction, maintenance, repair or upkeep of the improvements hereafter placed thereon by the Government. IN WITNESS WHarZor, the parties hereto have herunto subscribed their names as of the date first above written. ATTEST: Hate Barr Rosa, City Secretary • (SEAL) The supplies and services to be obtained obteined"by.this instrument are authorised by, are for the purposes set forth in, and are chargeable to the following allotments c the available balances of which are sufficient to cover the cost of same. 2152020 508 -6011 P 2662 -05 541 -243 THE CIE'L'OP HUNTSVILLE, TEXAS By: W. B. Veazey Mayor THE UNITED STATES OF AMEBICA By Darrell L. Jackson Contracting Officer Chief, Heal Estate Division Corps of Engineers Galveston District I, Kate Barr Ross, certify that .I am the City Secretary of the City of Huntsville, Texas, named as Lessor in the above lease; that W. B. Veazey, who atgned the said lease on behalf of the Lessor, was then Mayor of the City of Huntsville, Texas; that 1 1 D/R Vol. 154 Exhibit "A" Page 3 of 4 iu 0 h-� A TRUE COPY I HEREBY CERTIFY, KARI A. FRENCH .p. COUNTY K, WALKER COUNTY µ +� BY " /lI DEPUTY CO 1 mq 639 said lease was duly signed for and in.bahalf of said City of Huntsville, Texas, by authority 'of Ho governing body, that it 1a within the scope of Lts corporate powers. (SEAL) I THE-STATE OF TEXAS 1 ?Cow 'T GP VAIN D li 15on the day personally apreared W. B, Veazey, Mayor of .the City of Huntsville, Texas, known to is 'me to be the person and officer wboee name is subscribed to the foregoing instrument and ackno pledged to ms that the same was the set of the City of Huntsville, Texas, end that he executed , the same for the purpose and cons lderatlontherl n expressed, and in the capacity therein stated, e/ Kato Barr Roes City Secretary, City of Huntsville, Texas OFFICIAL ACKNOWLEDGEMENT BEFORE an, the undersigned, a Notary Public in and for said County and State, 0-IVSN UNDER NY HAND AND SEAL OF OFFICE this 18 th day of January A. D. 1955. a/ Mrs. Ousel* Cerr ;!(SEAL) Notary Public in and for County of iMy Comm' expires the 30 day Walker, State of Texas lof June, 1955. :led for record November 7',.1956 at 9:15 o'clock AM J. L. FERGUSON, CLERK =Recorded November 8 1956 at 4:15 o'clock ;PM 4 WALKER COONTY, TEXAS !IHP uty aa 4* 114 4o 4* ** ar ** *II IF* 4* *4 441 ** as ao 44 *a 0* 4* 411 44 4*1 1104 as 4* as 4# eaa -- 01603 -- H. H. HOLLAND ET AL TO J. A. ZIELISKI WARRANTY DEED •THE STATE OF TEXAS 1 KNOW ALL MN BY THESE PRESENTS: .;;COUNTY OP WA INER That we, Hall 8. Holland End Clyde E. Ferguson of Anderson County, Texas, the said Clyde E. Ferguson acting hereto individually and as agent and attorney in fact for•Rupy :ffhomas and husband, Claude Thomas, James R. Ferguson, Marshall T. Ferguson, Sr., Bill S. Me.' iGllberry, T. E. McGtlberry, Mary Louls• Stone and hiaband, Roy Stone, and Hal Holland, Jr., iof the.Couotyof State of for and to consideration of the sum of Two Thousa !'and Nc400 ($2,000.00) Dollars to us oash in hand paid by J. A. ZLeliskL, the receipt of which is hereby acknowledged, have Granted, Sold and Conveyed, and iq theme presents do Grant, d Sell and Convey unto the said J. A. Zleliekt, of the. County of Harris, State of Texas, all those :eertetn lots or parcels of land located and situated in Walker County, Texas, and being Lots 11, `12, 17 and 18 of the Prise Annex to Dodge, as shown by map of •rucord to Vol. 28, Pages 117 and 118 of the Deed Records of Walker County, Texas, to which reference is hereby made for ail a purposes. TO HAVE AND TO HOLD the above described premises, together with all a nd. aisgular'' the rights and appurtenanoes thereto in anywise belonging unto the said J. A. Zieltski, his heirs and assigns forever; a nd we do hereby bind ourselves, our heirs, executors and administra; :tore, to Werra,t and Forever Defend all and singular the said premises unto the said J. A. '.Eieltski, his heirs and assigns, against every person whomsoever lawfully claiming, or to cla 'Ythe same, or any port thereof. Witness our hands this 31st day of August, A.D. 1956. Mitres,, at Request of Grantor: S. ;I e/ Hal H. Holland s/ Clyde E. Ferguson Individually and as agent and attorney in fact for Ruby Thome husband Claude Thomas James R ir' o'n�e�'efra7�' AeGtlberry, f. E. G____ Nary Lode Stone 10 n e, enHai. olread n ,u r ba ad, /toy Exhibit "A" Page 4 of 4 iz and; /R Vol. 154 CO 0 ci N 40, "0 REPLY TO ATTENTION OF Real Estate Division DEPARTMENT OF THE ARMY FORT WORTH DISTRICT, CORPS OF ENGINEERS P. 0. BOX 17300 FORT WORTH, TEXAS 76102-0300 August 15, 2012 Subject: Miller United States Army Reserve Center, Huntsville, Texas; Notice of Cancellation of Lease DA-41-243-ENG-2893 Mr. Aron Kulhavy Public Works Director/City Planner 448 State Highway 75 N. Huntsville, Texas 77320 Dear Mr. Kulhavy: NOTICE is hereby given that the United States of America exercises its rights reserved in the above referenced lease instrument and will quit, relinquish, and give up the premises on 15 September 2012 (hereafter the Termination Date). Pursuant to a delegation of authority from the Secretary of the Army, under the authority given to landholding agencies in the Federal Management Regulations, 41 CFR 102-75.296, to dispose of less than fee interest and the general administrative authority to manage and clear title to property under the control of Army, the undersigned Chief of Real Estate, U.S. Army Engineer District, Fort Worth, hereby releases and disposes unto the City of Huntsville, Texas (hereafter the Lessor), its successors and assigns, all its right, title, and interest in the Government-owned fixtures, structures or signs (hereafter Government-owned Improvements) lawfully placed on the premises according to the lease instrument, and which are remaining on the premises as of the termination date of the lease instrument. Lessor, or its successors or assigns, hereby accepts full ownership of the Government-owned Improvements "AS IS" and to the extent authorized by law, the Lessor, its successors and assigns, covenant and agree to indemnify and hold harmless the United States, its officers, agents, and employees from any and all claims, damages, judgments, losses, and costs, including fines and penalties, arising out of Lessor's ownership, including liability for asbestos or lead-based paint. Lessor further acknowledges that no warranties, either express or implied, are given with regard to the condition of the Government-owned Improvements, including, without limitation, whether they do or do not contain asbestos or lead-based paint. Lessor shall be deemed to have relied solely on its own judgment in assessing the overall condition of all or any portion of the Government-owned Improvements, including, without limitation, any asbestos, lead-based paint, or other conditions with respect to the Government-owned Improvements. Lessor's failure to inspect or to exercise due diligence to be fully informed as to the condition of all or any portion of the Government-owned Improvements, will not constitute grounds for any claim or demand against the United States. Exhibit "B" Page l of 2 Bk Vol Ps u0008142 OR 1045 420 -2- 000081.4 B OR Vol Ps 1045 421 Your cooperation in making this property available to the Government is very much appreciated. Sincerely, Hy la J. Head District Chief of Real Estate Real Estate Contracting Officer Exhibit "8" Page 2 of 2 Filed for Record in: Walker Count.g On: Oct 22,2012 at 03:28P As a Recordings Document Number: 00008142 Amount: 40.00 Receipt Number - 65542 By, Linda Pere: STATE OF TEXAS COUNTY OF WALKER I hereby certify that this instrument was filed on the date and time staved hereon by me and was duly recorded in the volume and page of the named records of: Walker County as stamped hereon by me. Oct 22,2012 Kari Akerclioullibker County Clerk