[PAGE 1] AGENDA AGENDA OF THE WORK SESSION OF THE MAYOR AND COUNCIL OF THE CITY OF BISBEE, COUNTY OF COCHISE, AND STATE OF ARIZONA, TO BE HELD ON TUESDAY, APRIL 7, 2026, AT 6:00 PM AT COUNCIL CHAMBERS LOCATED AT 118 ARIZONA STREET, BISBEE, ARIZONA. THE MEETING WAS CALLED TO ORDER BY AT PM. ROLL CALL COUNCIL Councilmember Karen Schumacher, Ward I Councilmember Peter Skinner, Ward II Councilmember Trish Damon, Ward III Mayor Ken Budge Councilmember Anna Cline, Ward III,MayorPro Tempore Councilmember Mel Sowid, Ward II Councilmember Lori Reynolds, Ward I STAFF Ashlee Coronado, Interim City Manager/City Clerk KeriBagley, FinanceDirector Bridgette Kantner, Personnel Director Matthew Gurney, Public Works Director Logan Dodd, Operations Manager Tim Cox, Police Chief Jim Richardson, Fire Chief CITY ATTORNEY Joseph Estes THE FOLLOWING ITEM WILL BE DISCUSSED AT THIS MEETING: 1. Discussion regardingtheFairBuilding located at 37 Main Street. Ken Budge, Mayor ADJOURNMENT Pursuant to A.R.S.§ 38-431.02(H),The public will have physical access toCouncil Chambers 20 minutes before the meeting isscheduled to begin. Individuals with hearing disabilities can contact the City Clerk' sOffice( 520) 432-6012 to request an Assisted Listening Device, at least 24 hours before the meeting. Anyone needing special accommodation toattend this meeting should contact Ashlee Coronado at(520) 432-6012 at least twenty-four hours before the meeting. Public documents referred toherein may beviewed during regular business hours atthe City Clerk'sOffice at 118 Arizona St., Bisbee, AZ. Pursuant toA.R.S.§ 38-431.03(A)(3), the Council may votetoenter executive session atany point during this meeting fordiscussion or consultation for legal advice with itsattorney( s), who may appear telephonically. [PAGE 2] 0fviSBEE AGENDA ITEM NUMBER cls MAYOR & COUNCIL WORK SESSION FOR APRIL 7, 2026 DATE ACTION SUBMITTED: March 31, 2026 PRESENTATION/ DISCUSSION ONLY SUBJECT: Discussion regarding the Fair Building located at 37 Main Street. FROM: Ken Budge, Mayor RECOMMENDATION: DISCUSSION ONLY PROPOSED MOTION: WORK SESSION ONLY DISCUSSION: 1. The lease agreement with the Restoration Museum and leased space. 2. Title search results. 3. Possible Revenue and utility expenses within the General Fund 4. The Fair Building Condition and current mitigated safety concerns. 5. Current Bed Tax Reserves and allowed use for promotion to improve or operate tourism related facilities. FISCAL IMPACT: DEPARTMENT LINE- ITEM ACCOUNT: BALANCE IN LINE ITEM IFAPPROVED: ein, Prepared by: Reviewed by: jl y,00, 1„) Nina Williams, Ashlee Coronado, Deputy City Clerk Interim City Manager [PAGE 3] LEASE AGREEMENT BETWEEN THE CITY OF BISBEE AND THE BISBEE RESTORATION ASSOCIATION AND HISTORICAL SOCIETY FAIR BUILDING) THIS LEASE AGREEMENT (" Lease") is made and entered into this day of 2026 ( the " Effective Date"), by and between the CITY OF BISBEE, an Arizona municipal corporation ( hereinafter " Lessor") and the BISBEE RESTORATION ASSOCIATION AND HISTORICAL SOCIETY, an Arizona domestic nonprofit corporation ( hereinafter " Lessee"). Lessor and Lessee are sometimes referred to in this Lease collectively as the" Parties," orindividually as a" Party." IT IS AGREED by and between the Parties hereto as follows: 1. DESCRIPTION OF PREMISES. Lessor hereby leases to Lessee, on the terms and conditions set forth in this Lease, a certain portion ofreal property within the building located at 37 Main Street, Bisbee, Arizona, commonly known and referred to as the Fair Building, as more fully depicted in Exhibit " A" (hereinafter the" Premises"). 2. TERM. This Lease shall run for a period of thirteen ( 1) years commencing on 2026 and expiring on 2039 ( the" Term"). 3. TERMINATION. This Lease will terminate at the end of the Term, unless extended or otherwise terminated earlier by the Parties as provided for herein. Upon the termination of this Lease or any extension thereof, Lessee shall vacate the Premises and surrender the Premises to Lessor in the condition described in Section 9 below. This Lease may be terminated upon written consent of both Parties. The failure of Lessee to continue to be a regularly constituted organization with proper officers, regular meetings and active participation in active affairs, or the failure of Lessee to retain its non-profit tax exempt status, shall constitute a termination of this Lease. Upon termination of this Lease, Lessee shall have one hundred eighty ( 180) days' to move the contents of the Premises to another location where the property Lessee has title to may be properly stored and cared for. 4. HOLDING OVER. Lessee agrees not to hold over after the termination of the Lease Term. If Lessee does holdover, a new month-to-month tenancy is created which shall be subject to all of the terms and conditions of this Lease, except that such tenancy shall be terminable upon thirty ( 30) days written notice served by either Party. 1 [PAGE 4] 5. RENT. Lessee shall pay Lessor seventy- five percent ( 75%) of all Museum entrance fees as rent for the Premises. The rent is first due and payable upon the fifth( 5th) day ofthe month and shall be paid based on the above percentage for the prior month. Payments shall be mailed to or made in person at the following location: CityofBisbee Attn: Finance Department 118 Arizona Street Bisbee, Arizona 85603 Lessor shall have the right to audit Lessee' s records to determine compliance with the Rent payment. 6. USE. Lessee shall only use Premises for the exclusive purpose of operating a museum and for no other purpose without the consent ofLessor. 7. CONDUCT OF BUSINESS. Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purposes for which the Premises are hereby leased as set forth in Section 6. Lessee shall also not use or do anything to the Premises which will increase Lessor's existing rate of insurance upon the Building, or cause a cancellation of any insurance policy covering said Building, or any part thereof. Lessee shall not sell nor permit to be kept or sold, any article which may be prohibited by the standard form of fire insurance policy in and about the Premises. 8. CONDITION OF PREMISES. Premises are rented " as is." Lessee stipulates that it has examined the Premises, including the improvements thereon and that Lessee takes the Premises in whatever condition it is in at'the time ofexecution of this Lease. Upon termination or expiration of Lease, the Premises shall be restored to as clean condition and good repair as when leased, with normal wear and tear excepted. Lessee shall remove all of Lessee' s personal property and fixtures, except those items permanently affixed ( including but not limited to lighting fixtures, fans, plumbing fixtures) before vacating the Premises. 9. ALTERATIONS AND IMPROVEMENTS. Lessee shall make no changes, alterations, or improvements to the Premises without the prior, express written consent of Lessor, nor shall Lessee cause, or permit to be caused, any damage to the Premises. All alterations, changes and improvements built, constructed or placed on the Premises by Lessee, with the exception of fixtures removable without damage to the Premises and movable personal property, shall, unless otherwise provided for by written agreement, be the property of Lessor and remain on the Premises at the expiration or sooner termination ofthis Lease. 2 [PAGE 5] 10. UTILITIES. Utilities ( including, but not limited to, electricity, telephone, communications, water, wastewater, gas, and sanitation, as may be applicable) and facilities maintenance services are included in the rent set forth in this Lease and are the responsibility of Lessor. Lessee shall be responsible for any other service charges associated with its operation of the Premises. Lessor shall not be liable for, and Lessee shall not be entitled to any relief by reason of, the unavailability, suspension or limited availability of any utilities or services resulting from matters not within Lessor' s control, including without limitation riot, strike, fire, flooding, labor disputes, energy shortage, inability to obtain supplies or materials from the usual source of supply, inevitable accident or breakdown, or for the stoppage to or interruption of any such services for the purpose ofmaking routine or necessary maintenance and repairs. 11. MAINTENANCE. a. Lessor shall use commercially reasonable efforts to keep and maintain the roof, exterior surfaces, and all electrical, plumbing, HVAC and mechanical systems of the Premises in a good state of repair. Notwithstanding the foregoing, all repairs made necessary by the negligent acts of Lessee, its agents, employees or invitees ( and, without limiting the foregoing, any repairs or maintenance required to any specialized or supplemental equipment installed by or for Lessee and not of a " building standard" nature), shall be made at the sole cost and expense ofLessee. b. Lessee shall be responsible for and bear the risk ofcasualty and fire loss to its own merchandise and wares or other personal property. c. Lessor shall not be liable for any failure to repair or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Except as specifically herein set forth, there shall be no abatement of rent and no liability of Lessor by reason of any injury to or interference with Lessee's business arising from the making ofany repairs, alterations or improvements to any portion ofthe Building or the Premises or to fixtures, appurtenances and equipment therein. Lessee waives the right to make repairs at Lessor's expense under any law, statute or ordinance now orhereafter in effect. d. Lessee agrees that no sign shall be placed or painting done on or about the Premises without theprior written consent ofLessor. 12. COMPLIANCE WITH AUTHORITIES. Lessee shall, at its sole cost and expense, comply with and obey all applicable requirements of all municipal, county, state and federal laws, regulations, and ordinances now in force or which may hereafter be in force, pertaining to the Premises. Lessee shall maintain and procure at Lessee's expense all licenses, permits or inspection certificates required by any governmental authority with respect to Lessee' s business. Lessee may, at 3 [PAGE 6] its expense, contest any such law, ordinance orregulation. 13. INSURANCE. Before the commencement ofthis Lease, Lessee shall, at its own expense, secure and maintain during the term of this Lease, Commercial General Liability insurance including bodily injury, property damage, contractual, personal injury, and products/ completed operations. Liability limits shall be no less than 1, 000,000.00 per occurrence, and no less than a $2,000,000.00 general aggregate limit. The policy shall include endorsements naming the Lessor and its officers, elected offices, agents, directors, employees, and volunteers as additional insureds. The policy shall also contain an endorsement waiving subrogation against Lessor, its officers, elected officials, directors, employees, and agents for losses arising from activities under this Lease. The policy shall be endorsed as a primary insurance policy and any insurance policy maintained by the Lessor is considered excess, non-contributory insurance. The existence ofexcess insurance policies should in no way be construed to limit the requirements of insurance described herein. If Lessee has employees, Lessee must carry the appropriate Worker's Compensation Insurance to coverobligations imposed by federal and state statutes having jurisdiction of employees engaged in the performance of the work or services. Failure to provide required coverage and failure to comply with the terms and conditions of this Lease shall not waive the contractual obligations herein. Ifthe policy or policies are canceled or not renewed, the insurance company shall provide thirty (30) days written notice to the Lessor prior to the effective date of such cancellation or termination. The amount and types ofinsurance coverage requirements set forth in this Lease will in no way be construed as limiting the scope ofthe indemnity in this Lease. 14. VACATION OR ABANDONMENT. Lessee shall not vacate or abandon the Premises at any time during the term of this Lease or any extension thereof, except when required to do so by this Lease. If Lessee abandons, vacates, surrenders, or is dispossessed ofthe Premises by process oflaw or otherwise, any personal property belonging to Lessee that is left on the Premises shall be deemed to be abandoned at the sole option of Lessor. Vacation or abandonment of Premises does not relieve Lessee ofthe duty to pay rent for the remainder ofthe term ofthis Lease. 15. ENTRY AND INSPECTION. Lessee shall permit Lessor and its employees and agents to enter the Premises at all reasonable times to inspect and/or maintain the Premises, or to make repairs, alterations or additions to any other portion of the Premises or improvements thereon, including the erection ofscaffolding, props, or other mechanical devices, without any rebate of rent to Lessee or damages for occupation or quiet enjoyment of the Premises. Within thirty (30) days prior to 4 [PAGE 7] the expiration of the Lease Lessee shall permit Lessor, or its employees and/or agents, at reasonable hours, to enter the Premises to show the Premises to prospective tenants. 16. ASSIGNMENT AND SUBLETTING. Lessee shall not assign this Lease, or any interest therein, and shall not sublet the Premises or any part thereof or any right or privilege appurtenant thereto, or suffer any other person ( the agents and servants of Lessee excepted) to occupy or use the Premises, or any portion thereof, without the prior written consent of Lessor. The requirements of this Lease are binding upon the heirs, executors, administrators, successors, and assigns ofboth Parties. 17. BREACH. In the event ofany breach ofthis Lease by Lessee, Lessor, in addition to any other rights or remedies available to Lessor, may terminate this Lease and shall have the immediate right of re-entry and may remove all persons and property from the Premises. Lessee hereby waives all claims for damages which may be caused by the re-entry of Lessor and Lessor's taking possession of the Premises or removing or storing Lessee's property, and will defend and save Lessor harmless from any losses, liabilities, costs, or damages occasioned Lessor thereby, and no such re-entry shall be considered or construed to be a forcible entry. Should Lessor at any time terminate this Lease for any breach, Lessor may, in addition to any other remedy it may have, recover from Lessee all damages Lessor may incur by reason of such breach, including the cost ofrecovering the Premises, and the amount of rent and charges equivalent to rent reserved in this Lease for the remainder ofthe stated term over the then reasonable rental value of the premises for the remainder ofthe stated term. 18. RESTRICTIONS. This Lease is subject to any and all provisions of leases and encumbrances of record or extensions thereof under which Lessor holds title or possession ofthe Premises. 19. ASBESTOS NOTICE. An asbestos inspection has not been conducted and the existence ofasbestos material in the facility has not been determined. 20. NON-WAIVER FOR BREACH. The failure by Lessor to pursue a remedy of any default or breach of any term, covenant or condition herein contained is not deemed to be a waiver of such term, covenant or condition, or any subsequent breach of the same or other term, covenant or condition herein contained. The acceptance ofrent hereunder shall not be a waiver ofany breach by Lessee ofany term, covenant or condition ofthis Lease. 21. ADDITIONAL RULES AND REGULATIONS. Lessor has the further right and power to prescribe rules and regulations for the use, entry, operation and management of the Premises, to insure the safety, care and cleanliness of the Premises and preservation and good order thereon. 5 [PAGE 8] 22. CUMULATIVE REMEDIES. It is understood and agreed that the remedies herein given to Lessor are cumulative, and the exercise of any one remedy by Lessor is not to the exclusion ofany other remedy. 23. NOTIFICATION. All notices, demands or other communications must be in writing and are deemed duly delivered upon personal delivery or as of the second business day after mailing by United States mail, postage prepaid, registered or certified, return receipt requested, addressed as follows: To Lessor: CityofBisbee Attn: City Manager 118 Arizona Street Bisbee, Arizona 85603 To Lessee: Bisbee Restoration Association and Historical Society 37 Main Street P.O. Box 271 Bisbee, Arizona 85603 If any Party changes its address, the Party must give written notice to the other Party. Notice ofchange ofaddress is deemed effective five( 5) days after mailing by the Party changing address. 24. CHOICE OF LAW/VENUE. This Lease shall be interpreted in accordance with the laws of the State of Arizona. Any action to enforce any provision of this Lease or to obtain any remedy with respect this Lease shall be brought exclusively in the Superior Court, Cochise County, Arizona (or, as may be appropriate, in the Justice Courts ofCochise County, Arizona, or in the United States District Court for the District of Arizona, if, but only if, the Superior Court lacks jurisdiction over such action). The Parties expressly and irrevocably consent to the exclusive jurisdiction and venue ofsuch courts and expressly waive the right to transfer or remove any such action commenced in accordance with the terms ofthis Section. 25. INDEMNITY. To the fullest extent permitted by law, Lessee shall indemnify, defend, and hold harmless the Lessor, its elected officials, agents, employees, officers, volunteers, and appointed officials (" Indemnified Party") for, from and against all claims, liabilities, demands, damages, losses, and expenses, including attorneys' fees and litigation expenses, to which any such Indemnified Party may become subject, under any theory of liability whatsoever, (" Claims") to the extent that such Claims result from and/ or arise out of the Lessee' s intentional, reckless, or negligent acts, mistakes, errors, or omissions at, on or relating to the Premises or in performance of this Lease. This includes any intentional, reckless, or negligent acts, mistakes, errors, or omissions of Lessee' s employees, agents, contractors, and officers employed directly or indirectly by Lessee, and any 6 [PAGE 9] intentional, reckless, or negligent acts, mistakes, errors, or omissions of Lessee' s customers, guests, students, visitors, invitees, licensees, assignees, and sublessees. This indemnity provision shall also apply to any liability or remediation costs under Comprehensive Environmental Response, Compensation, and Liability Act, state statute or municipal ordinance arising as a result of contamination of the property or the surrounding environment, or violation of any Federal or state environmental laws due to any discharge of waste by Lessee, its employees and agents, regardless ofwhether the event requiring such remediation was intentional or accidental. This Section 25 shall survive theexpiration or early termination ofthis Lease. 26. FORCE MAJEURE. Should the Premises or any part thereof become unsafe, unsuitable for use or otherwise uninhabitable due to an act of God, nature, or act ofwar or other event beyond the control ofthe Lessor, the Lessor may, at its sole option, choose not to repair or replace the Premises, and no liability shall accrue to Lessor. Should Lessor determine that the Premises are beyond reasonable repair, Lessee shall be relieved of any further duty to pay rent beyond the date the event occurs, and any rent paid by Lessee for any rent period falling after the date of such event shall be promptly returned to Lessee. Lessee shall, iffeasible, remove all personal property from the Premises. IfLessor elects to repair the Premises: (i) this Lease shall continue in full force and effect, but the rent from the date ofthe event through the date of substantial completion of the repair shall be abated with regard to any portion of the Premises that Lessee is prevented from using by reason of such damage or its repair, and ( ii) in no event shall Lessor be liable to Lessee by reason of any injury to or interference with Lessee' s business or personal property, alterations, additions or improvements to the Premises arising from such event, or by reason ofany repairs to the Premises necessitated by the event. 27. COMPLIANCE WITH LAW. The Parties shall comply with Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, and State Executive Order No. 2009-09, which mandates that all persons, regardless ofrace, color, religion, sex, age, national origin or political affiliation, shall have equal access to employment opportunities. The Parties shall comply with the Rehabilitation Act of 1973, as amended, which prohibits discrimination in the employment or advancement in employment ofqualified persons because of physical or mental handicap, and the Americans with Disabilities Act. 28. TIME. Time is ofthe essence in this Lease except where specified. 29. ENTIRE AGREEMENT. This Lease contains the entire agreement between the Parties and no oral or written statement, promises, or inducements made by either Party or agent of either Party that is not contained in this written Lease, or specifically referred to in a written agreement shall be valid or binding; and this 7 [PAGE 10] agreement may not be enlarged, modified, or altered except in writing signed by the Parties and endorsed herein. 30. RIGHTS/OBLIGATIONS OF PARTIES ONLY. The terms of this Lease are intended only to define the respective rights and obligations of the Parties. Nothing expressed herein shall create any rights or duties in favor of any potential third-party beneficiary or other person, agency or organization. 31. CONFLICT OF INTEREST. This Lease shall be subject to the Conflict of Interest provisions of Arizona Revised Statutes § 38-511, as amended. 32. BOYCOTT OF ISRAEL. Pursuant to A.R.S. § 35-393.01, Lessee certifies it is not engaged in a boycott of Israel as of the Effective Date of this Lease, and agrees for the duration ofthis Lease to not engage in a boycott ofIsrael. 33. CHINA. Pursuant to and in compliance with A.R.S. § 35-394, Lessee agrees and certifies that it does not currently, and agrees for the duration of this Agreement i) the forced labor of ethnic Uyghurs in the People' s Republic of will not, use: ( China; (ii) any goods or services produced by the forced labor of ethnic Uyghurs in the People' s Republic of China; or ( iii) any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor ofethnic Uyghurs in the People' s Republic of China. 34. NO PARTNERSHIP. Nothing in this Lease constitutes a partnership or joint venture between the Parties, and neither Party is the principal or agent of the other. 35. SEVERABILITY. Ifany provision ofthis Lease is held invalid the remainder of the Lease shall not be affected thereby and all other parts ofthis Lease shall be in full force and effect. 36. PROVISIONS REQUIRED BY LAW. Each and every provision of law and any clause required by law to be in this Lease will be read and enforced as though it were included herein and, ifthrough mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application ofeither Party, the Lease will promptly be physically amended to make such insertion or correction. 37. HEADINGS AND COUNTERPARTS. The headings of this Lease are for purposes of reference only and shall not limit or define the meaning of any provision ofthis Lease. This Lease may be executed in two or more counterparts, each of which is an original and all ofwhich together constitute one and the same instrument. Delivery of signature by fax, or scan delivered by email, receipt acknowledged are effective to bind a Party. Signatures onfollowingpage] 8 [PAGE 11] IN WITNESS WHEREOF, the Parties have caused to be affixed the signatures of their respective authorized officials on the Effective Date written above. Lessor: Lessee: CITY OF BISBEE BISBEE RESTORATION ASSOCIATION AND HISTORICAL SOCIETY Ken Budge, Mayor Barbara Bruno, President ATTEST: Ashlee Coronado, City Clerk Andrea Doubleday, Director/Treasurer APPROVED AS TO FORM: Joseph D. Estes, City Attorney 9 [PAGE 12] EXHIBIT" A" DEPICTION OF THE PREMISES Image offloor plan ofexisting museum area) 10 [PAGE 13] w Main Floor 41. 37 Main St The Fair Building City of Bisbee Restoration Museum Vistors Center i4' Office and Storage 1 www.......... ui Common IN Area 11 35' It COB Bisbee Restoration Museum Bathrooms and Historical Society Area r Exhibit A- 1 [PAGE 14] 2nd Floor 37 Main St The Fair Building Restoration Museum Area 35' 67' Appox 11% 1111 Ali gillllrl lrbllL il. Exhibit A-2 [PAGE 15] Mezzenine 37 Main St The Fair Building 113In it I 14, 12' Museum Mezzenine 15 Exhibit A-3 26' [PAGE 16] 111111111111111 . 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' - - ' ' • • ••:'-' k-• 1- 7' P 1. i jr. 0 . 1 4.• i 1 1 • , ' I _.,,,,, t 4..- v .,, ''•-' vl..frf:::"''' io- ' ' - 7 V il ' V i t g . a V V- 1 : g 0 . P• .` 1 f:'. i. 1 C'' ' I i i',. A- ''':* , 650t-:;•'" t. 4,..,,......... el,‘ w,....- 2.-7',7 ' - -'' ' , • - lik,-t' a , 4:. ' i — i . • rir.,r,i:';''' e. -- el,. t ,, s... 16 • A . 1114. 4 • i4 _...-'..,, :•,...- 4 4.-..- 4...--• FAIR I ri.";":"•'. xi ' "4:..... ._ . L --: . ', . . , 14 7-- —* siTHE 1 01111....4.... 11 - ,_,, _ _-----:— Ii tr, 0 7/--!-- — lilt i ') i ' 1 11110 ! '' ' fi I ... V 1 ' 1 1 H 0000. 1. 11. 11° i Mt 11\ . I 1.111 I il i• fr.', ---- ' ASPottibtula ti.ID — ., It.13 . 4:0..0.• :.. 1 itt•'',,. .'' 4" r-•.:.,--''— ii;•,'• 74.,• il,,. 6 , , • L * 1. v;•.--, - t, l,i,...: 1.., . t, i_..,'; it., d , . ',. . 61'— T•• 'i'—'''''. a1- x.. . t ..- 1 mesimosereimm k•••••••••••• 30/611611 la i It- t1:•.: I3l [PAGE 18] 1 1111114V' l ir Ili " sAr T:.. r tet , t ray' . 111 TARE THE F' 1 ,... HI EVJrv1r FOR YEN.N'OIEEN AM/ CHILDREN a IMIIIIIIml 1111114 IA IIII : E 4 f JfTTICR A _ •..,,_.....•_ __ wl, c 1 4 lip , Z• 4r , s 4 1., ,,, 4 [PAGE 19] OLD REPUBLIC TITLE Arizona- 2021 v. 01. 00( 07-01- 2021) ALTA COMMITMENT FOR TITLE INSURANCE issued by Old Republic National Title Insurance Company NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OFTITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OFTITLE. THE PROCEDURES USED BYTHE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY' S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENTTOISSUE POLICY Subject to the Notice; Schedule B, Part I— Requirements; Schedule B, Part II— Exceptions; and the Commitment Conditions, OLD REPUBLIC NATIONAL TITLE INSURANCECOMPANY,a FloridaCorporation( the" Company"), commits to issue the Policy according totheterms and provisions of this Commitment. This Commitment is effective as ofthe Commitment Date shown in Schedule Afor each Policy described in Schedule A,only when the Company has entered inSchedule Aboth the specified dollar amount as the Proposed Amount of Insurance and the name of the Proposed Insured. If all of the Schedule B, Part I— Requirements have not been met within six months after the Commitment Date, this Commitment terminates and the Company' s liability and obligation end. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY AStockCompany 1408North Westshore Blvd.,Suite 900, Tampa, Florida 33607 Issuedthroughthe Office of: 611371- 1111 www.oldrepublictitle. com pintirer Zifir 4rltrv, (hr. By d_7_/ _ President 4- 44_ 7/ 14 Attest Secretary Authorized Signatory This page isonly apartofa2021 ALTA Commitment forTitle Insurance issued byOldRepublic National Title Insurance Company. This Commitment isnotvalid without the Notice:theCommitmenttoIssuePolicy;theCommitmentConditions;ScheduleA;ScheduleB,PartI—Requirements;andScheduleB.Partll—Exceptions Copyright 2021 AmerIcan Land TitleAssociation. Allrights reserved. ALTA Theuse ofthis Form( orany derivative thereof) isrestricted to ALTA licensees and ALTA members ingood standing asofthedate ofuse. Allother uses are prohibited. Reprinted underlicensefromthe American Land Title Association. [PAGE 20] COMMITMENT CONDITIONS 1. DEFINITIONS a. " Discriminatory Covenant': Anycovenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally discriminates against a class of individuals based on personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally protected class. b. " Knowledge" or" Known": Actual knowledge or actual notice, but not constructive notice imparted by the Public Records. c. " Land": The landdescribed in Item 5of Schedule A and improvements located on that land that by State law constitute real property. The term" Land" does not include any property beyond that described inSchedule A, nor any right, title, interest, estate, or easement in any abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. d. " Mortgage": A mortgage, deed of trust, trustdeed, security deed, orother real property security instrument, including one evidenced by electronic means authorized by law. e. " Policy": Each contract of title insurance, in aform adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. f. " Proposed Amount of Insurance": Each dollar amount specified in Schedule A as the Proposed Amount of Insurance of each Policy to be issued pursuant to this Commitment. g. " Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. h. " Public Records": The recording or filing system established under State statutes in effect atthe Commitment Date under which a document must be recorded or filed to impart constructive notice of matters relating to the Titleto apurchaserforvalue without Knowledge. The term" Public Records" does not include anyother recording orfiling system, including any pertaining to environmental remediation or protection, planning, permitting, zoning, licensing, building, health, public safety, or national security matters. i. " State": The state or commonwealth of the United States within whose exterior boundaries the Land is located. Theterm" Stale" also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam. j. " Title": The estate or interest in the Land identified in Item 3of Schedule A. 2. If all of the Schedule B, Part I— Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company' s liability and obligation end. 3. The Company' s liability and obligation is limited by and this Commitment is not valid without: a. the Notice; b. the Commitment to Issue Policy: c. the Commitment Conditions; d. Schedule A; e. Schedule B, Part I— Requirements; and f. Schedule B, Part II— Exceptions. g. a counter signature by the Company or its issuing agent that may be in electronic form 4. COMPANY' S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add adefect, lien, encumbrance, adverse claim, or other matter recorded inthe Public Records priortothe Commitment Date, any liability of the Company islimited by Commitment Condition 5. The Company is not liable forany other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY a. The Company' s liability under Commitment Condition 4 is limited to the Proposed Insured' s actual expense incurred in the interval between the Company' s delivery to the Proposed Insured of the Commitment and the This page isonly apart ofa2021 ALTA Commitment for Title Insurance issued byOldRepublic National Title Insurance Company. This Commitment isnot valid without the Notice: theCommitment toIssue Policy; the Commitment Conditions; Schedule A; Schedule B,Part I—Requirements; andSchedule B.Partll—Exceptions Copyright 2021 American LandTitleAssociation. Allrights reserved. ALTA The use ofthis Form( orany derivative thereof) isrestricted toALTA licensees and ALTA members ingood standing as of the date of use. Allother uses are prohibited. Reprinted underlicense from theAmerican Land Title Association. [PAGE 21] delivery ofthe amended Commitment, resulting from the Proposed Insured's good faith reliance to: i. comply with the Schedule B, Part I— Requirements; ii. eliminate, withthe Company'swritten consent, any Schedule B, Part II— Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. b. The Company is not liable under Commitment Condition 5.a. ifthe Proposed Insured requested the amendment or had Knowledge ofthe matter and did not notifythe Company about itinwriting. c. TheCompany isonly liable under Commitment Condition 4ifthe Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. d. TheCompany's liability does not exceed the lesser ofthe Proposed Insured's actual expense incurred ingood faith and described in Commitment Condition 5.a. or the Proposed Amount of Insurance. e. TheCompany isnot liable for the content of theTransaction Identification Data, ifany. f. The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I— Requirements have been met to the satisfaction of the Company. g. The Company' s liability is further limited by the terms and provisions of the Policy to be issued to the Proposed Insured. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND CHOICE OF FORUM a. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. b. Any claim must be based in contract underthe Statelaw ofthe State wherethe Land is located and is restricted to the terms and provisions of this Commitment. Any litigation or other proceeding brought by the Proposed Insured against the Company must be filed only in a State orfederal court having jurisdiction. c. This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. d. Thedeletion or modification of any Schedule B, Part II— Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. e. Any amendment or endorsement to this Commitment must be in writing. f. When the Policy is issued, all liability and obligation under this Commitment will end and the Company'sonly liability will be under the Policy. 7. IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT The issuing agent isthe Company' s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company' s agent for closing, settlement, escrow, or any other purpose. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. CLAIMS PROCEDURES This Commitment incorporates by reference all Conditions for making aclaim inthe Policy tobe issued tothe Proposed Insured. Commitment Condition 9does not modify the limitations of liability in Commitment Conditions 5 and 6. 10. CLASS ACTION ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISETOTHISCOMMITMENT, MUSTBE BROUGHT INAN INDIVIDUALCAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION. Thispageisonlyapartofa2021ALTACommitmentforTitleInsuranceissuedbyOldRepublicNationalTitleInsuranceCompany.ThisCommitmentisnotvalidwithoutthe Notice:theCommitmenttoIssuePolicy;theCommitmentConditions;ScheduleA;ScheduleB,PartI—Requirements;andScheduleB.PartIl—Exceptions Copyright 2021 American LandTitleAssociation.Allrightsreserved. SALTA The use ofthis Form( orany derivative thereof) isrestricted toALTA licensees and ALTA members ingood standing asof thedate ofuse. Allother uses are prohibited. Reprintedunder license fromtheAmerican LandTitle Association. [PAGE 22] 11. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of Insurance is 2,000,000 or less may be arbitrated at the election of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.aIta.org/arbltratlon. Thispageisonlyapartofa2021ALTA CommitmentforTitleInsuranceissuedbyOldRepublicNationalTitleInsurance Company. ThisCommitmentisnotvalidwithoutthe Notice: theCommitment toIssue Policy; the Commitment Conditions; Schedule A; Schedule B,PartI—Requirements; andSchedule B.PartIl—Exceptions Copyright 2021 American Land Title Association. All rights reserved. ALTA TheuseofthisForm(oranyderivativethereof)isrestrictedtoALTAlicenseesand ALTAmembersingoodstandingasofthedateofuse.Allotherusesareprohibited. Reprinted underlicense from the American Land Title Association. [PAGE 23] rR OLD REPUBLIC TITLE Arizona- 2021 v. 01. 00( 07-01- 2021) Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment Condition 5.e.: Issuing Agent: Pioneer Title Agency, Inc. Issuing Office: 8 Bisbee Road, Bisbee, AZ 85603 Issuing Office' s ALTA Registry ID: 0000097 Loan ID Number: Commitment Number: CC1028385CCB Escrow Number: 7061028385- CC Property Address: Bisbee, AZ 85603 Amendment: 1 SCHEDULE A 1. Commitment Date: February 17, 2026 at 7:30 am 2. Policy to be issued: ALTA Owners Policy 07-01- 21 ( Standard Coverage) TBD Proposed Insured: TBD The estate orinterest to be insured: Fee Simple 3. The estate or interest inthe Land atthe Commitment Date is: Fee Simple 4. The Title is, at the Commitment Date, vested in: The Bisbee Restoration Association and Historical Society, Inc., an Arizona Corporation 5. The Land is described as follows: Lots 31 and 32, Block 5, TOWNSITE OF BISBEE, according to Book 1, page 25 through 63 inclusive, records of Cochise County, Arizona. OLD REPUBUC NATIONAL TITLE INSURANCE COMPANY AStock Company 7408North Westshore Blvd., Suite 900, Tampa, Florida 33607 Issued through thaOffice of 612)371.1111 www.oldrepublictitle. com Tine d1CT. iuttrrr cAgritru, By a. 7 : / President Attest 04 Secretary Authorized Signatory Note: Please direct all inquiries and correspondence toCandy Chavez, your escrow officer, at( 520) 432-5331 or candy.chavez@pioneertitleagency. com Thispageisonlyapartofa2021ALTA CommitmentforTitleInsuranceissuedbyOldRepublicNationalTitleInsuranceCompany, ThisCommitment isnotvalidwithoutthe Notice: theCommitment toIssue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; andSchedule B,Part 11— Exceptions Copyright 2021 American Land TitleAssociation. Allrightsreserved. ALTA The use ofthis Form( oranyderivative thereof) isrestricted toALTA licensees and ALTA members ingood standing as ofthedate ofuse. Allother uses are prohibited. Reprinted underlicense fromtheAmerican LandTitle Association. [PAGE 24] OLD REPUBLIC TITLE Arizona- 2021 v. 01. 00( 07-01- 2021) SCHEDULE B, PART I- Requirements All ofthe following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5. If the proposed insured purchase is a transaction ultimately determined to require the filing of a report under the FInCEN Anti-Money Launderina Reaulatlons for Residential Real Estate Transfers Rule dated August 29. 2024. then the Transferor and Transferee to this transaction must assist the settlement agent by:( 1) Providing the Settlement Agent with all necessary information to file any and all required reports:( 2) Complete the Anti- Money Laundering Information Collection& Certification Form; and( 3) Provide copies of the driver' s license. passport. or other similar identifying documentation as may be required from transferor and transferee entities and trusts. their beneficial owners and parties who exercise substantial control. No title insurance policy will be issued to any purchaser unless the transferor and transferee. and their beneficial owners and parties who exercise substantial control, provide all information necessary to file all required FInCEN forms. For more information, please visit https://www.fincen.gov/rre-fags. 6. The right is reserved to make additional exceptions or requirements upon submission of the name of the proposed insured. 7. The right is reserved to make additional exceptions or requirements upon submission of adequate information concerning the nature ofthe proposed transaction. 8. We find no open deeds oftrust of record. Please provide written verification by the principals and/ortheir agents that the subject property is free and clear of any voluntary encumbrances and advise the Title Department accordingly prior to close of escrow. 9. Compliance by The Bisbee Restoration Association and Historical Society, Inc., a Arizona corporation with the provisions of A.R.S. 10-1501 et seq. or- Proper showing that said corporation is in good standing in its domiciliary jurisdiction. 10. Furnish currently certified copy of a Resolution of the Board of Directors of the Corporation named below, authorizing the execution and delivery by the proper officers of all instruments required to consummate this transaction. Said certification must be by an officer other than the officer( s) authorized to sign and must state that the Resolution has not been revoked: The Bisbee Restoration Association and Historical Society, Inc., an Arizona Corporation 11. Record Deed from The Bisbee Restoration Association and Historical Society, Inc., an Arizona Corporation to To Come. NOTE: ARS 11: 1133 may require the completion and filing of an Affidavit of Value. Thispageisonlyapartofa2021ALTACommitment forTitleInsuranceissuedbyOldRepublicNationalTitleInsuranceCompany. ThisCommitmentisnotvalidwithoutthe Notice: theCommitment toIssue Policy; the Commitment Conditions; Schedule A;Schedule B,Pad 1— Requirements; and Schedule B.Part Il—Exceptions Copyright 2021 American LandTitleAssociation. Allrights reserved. ALTA The use ofthis Form( orany derivative thereof) isrestricted toALTA licensees and ALTA members ingood standing asof thedate of use. Allother uses are prohibited. Reprinted underlicense fromtheAmerican Land Title Association. [PAGE 25] Tax Note: Year: 2025 Parcel No.: 103-62-182A- 7 Total Tax$ EXEMPT PRIOR to recording, obtain current tax information from: Cochise County Treasurer 1415 W. Melody Lane, Ste E Bisbee, AZ 85603 520-432-8400 https://www.cochise.az.gov/treasurer/ home Note: Pursuant to Arizona Revised Statutes 11- 480. effective January 1, 1991, the County Recorder may not accept documents for recording thatdo not comply with thefollowing: Print must be ten-point type( pica) or larger. Margins of at least one-half inch along the left and right sides one-half inch across the bottom and at least two inches on top for recording and return address information, Each instrument shall be no larger than 8 1 inches in width and 14 inches in length. This page isonly apartofa2021 ALTA Commitment forTitle Insurance issued byOldRepublic National Title Insurance Company. This Commitment isriotvalid without the Notice: the Commitment toIssue Policy: the Commitment Conditions: Schedule A;Schedule B,Part I—Requirements; andSchedule B.Part II—Exceptions Copyright 2021 American Land TitleAssociation. All rights reserved. ALTA The use ofthis Form( orany derivative thereof) isrestricted to ALTA licensees and ALTA members ingood standing asofthedate ofuse. Allother uses are prohibited. Reprinted underlicensefrom the American Land Title Association. [PAGE 26] Test OLD REPUBLIC TITLE Arizona- 2021 v. 01.00( 07-01- 2021) SCHEDULE B, PART II—Exceptions Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as ifeach Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document will be excepted from coverage. The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement identified in Schedule A,and will include thefollowing Exceptions unless cleared tothe satisfaction ofthe Company: 1. Any defect, lien, encumbrance, adverse claim, or other matter that appears forthe first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I— Requirements are met. 2. ( a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records;( b) proceedings by apublic agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 3. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 4. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 5. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 6. ( a) Unpatented mining claims;( b) reservations or exceptions in patents or in Acts authorizing the issuance thereof;( c) water rights, claims or title towater,whether or not the matters excepted under( a), (b), or( c) are shown by the Public Records. 7. Any lien or right to a lien for services, labor or material unless such lien is shown by the Public Records at Date of Policy. Note: The above Exceptions Nos. 2 through 7, inclusive, will be eliminated from any A.L.T.A. Extended Coverage Policy, A.L.T.A. Plain Language Policy, A.L.T.A. Homeowner' s Policy, A.L.T.A. Expanded Coverage Residential Loan Policy and any short form versions thereof. However, the same or similar exception may be made in Schedule B of those policies in conformity with the remaining Exceptions of thisCommitment shown below.) 8. Taxes and Assessments collectible bythe CountyTreasurer, a lien notyetdue and payable forthe following year: 2026 9. Easements and rights incident thereto, as set forth in instrument: Recorded: Document No. 2020-04073 Purpose: skybridge purposes Thispageisonlyapartofa2021ALTACommitmentforTitleInsuranceissuedbyOldRepublicNationalTitleInsuranceCompany.ThisCommitmentisnotvalidwithoutthe Notice: theCommitment toIssue Policy: theCommitment Conditions; Schedule A;Schedule B,PartI—Requirements; andSchedule B.Part ll—Exceptions Copyright 2021 American Land TitleAssociation. Allrightsreserved. tALTA Theuse ofthis Form( oranyderivative thereof) isrestricted toALTA licensees and ALTA members ingood standing asofthedate ofuse. Allother uses are prohibited. Reprinted underlicense fromtheAmerican LandTitle Association. [PAGE 27] Updated 1/ 1/ 2024 OLD REPUBLIC TITLE WHAT DOESOLDREPUBLICTITLE DO WITH YOUR PERSONAL INFORMATION? Financial companies choose how they share your personal information. Federal lawgives consumers the right tolimit some but not allsharing. Federal lawalso requires ustotellyou how wecollect, share, and protect your personal information. Please read this notice carefully to understand what wedo. The types of personal information we collect and share depend on the product or service you havewithus.Thisinformationcaninclude: Social Security number and employment information Mortgage ratesandpayments and account balances Checking account information and wire transfer instructions When you are nolonger our customer, we continue toshare your information asdescribed inthis notice. Allfinancialcompanies needtosharecustomers' personal information toruntheireveryday business. In thesection below, we list the reasons financial companies can share their customers' personal H information; thereasons Old Republic Title chooses toshare; andwhether youcan limit this sharing. Does0 s Reasonswe can share Vour person* Offlfst Republic Title sharinngg? share? For our everyday business purposes — such as to process your transactions, maintain your account( s), or respond to court orders and Yes No legalinvestigations,orreporttocreditbureaus Forourmarketing purposes— No Wedon'tshare tooffer our products and services toyou Forjointmarketingwith other financialcompanies No Wedon'tshare For ouraffiliates' everyday business purposes— Yes No informationabout your transactions and experiences For our affiliates' everyday business purposes— No We don' t share informationaboutyourcreditworthiness For our affiliates tomarket toyou No We don' tshare For non- affiliates tomarket toyou No We don' tshare Gotowww.oldrepublictitle. com( Contact Us) Thispage isonly apart ofa2021 ALTA Commitment forTitle Insurance issued byOld Republic National Title Insurance Company. This Commitment isnotvalid without the Notice: the Commitment toIssue Policy; theCommitment Conditions; Schedule A;Schedule 8,PartI—Requirements; andSchedule B.Part Il—Exceptions Copyright 2021 American LandTitleAssociation. Allrightsreserved. tALTA The use ofthis Form( orany derivative thereof) isrestricted to ALTA licensees and ALTA members ingood standing asofthedate ofuse. Allother uses are prohibited. Reprintedunderlicense fromtheAmerican Land Title Association. [PAGE 28] 7 Who isproviding this notice? Companies with an Old Republic Title name and other affiliates. Please see below for a listofaffiliates. What we do Howdoes Old Republic Title Toprotect yourpersonal information from unauthorized access anduse,weuse security protect mypersonal measures that comply with federal law. These measures include computer safeguards and information? secured files and buildings. For more information, visit https:// www.oldrepublictitle. com/privacy-policy HowdoesOldRepublicTitle We collect your personal information, forexample, when you: collect mypersonal information? • Giveusyourcontact information orshowyourdriver'slicense Showyourgovernment-issued IDorprovideyourmortgageinformation Makeawiretransfer Wealso collect your personal information from others, such ascredit bureaus, affiliates, orothercompanies. Whycan'tIlimitall sharing? Federal lawgives you the right tolimit only: Sharing foraffiliates' everyday business purposes- information about your creditworthiness Affiliatesfrom usingyourinformation tomarkettoyou Sharing for non-affiliates to market toyou State laws and individual companies may give you additional rights to limit sharing. See the State Privacy Rights section location at https://www.oldrepublictitle.com/privacy- policyforyourrightsunderstatelaw. r - nitions Affiliates Companies related by common ownership or control. They can be financial and nonfinancial companies. Our affiliates include companies with an Old Republic Title name, and financial companies such as Attorneys' Title Fund Services, LLC, Lex Terrae National Title Services, Inc.,andMississippi Valley TitleServices Company Non-affiliates Companies not related bycommon ownership or control. They can be financial and non- financial companies. Old Republic Title does notshare with non-affiliates so they can market toyou Joint marketing Aformal agreement between non-affiliated financial companies that together market financial products orservices toyou. OldRepublic Title doesn' tjointly market, This page isonly apart ofa2021 ALTA Commitment forTitle Insurance issued byOldRepublic National Title Insurance Company. This Commitment isnotvalid without the Notice: theCommitment toIssue Policy; theCommitment Conditions; Schedule A;Schedule 8,PartI—Requirements: andSchedule B.Part ll—Exceptions Copyright 2021 American LandTitleAssociation. Allrights reserved. CALTA The use ofthis Form( orany derivative thereof) isrestricted toALTA licensees and ALTA members ingood standing asofthedate ofuse. Allother uses are prohibited. Reprinted underlicense from theAmerican Land Title Association. [PAGE 29] Affiliates Who May be Delivering This Notice American First Title American Guaranty Attorneys' Title Fund Compass Abstract, Inc. eRecording Partners r Trust Company TitleInsurance Services, LLC Network, LLC Company GenesisAbstract,LLC GuardianConsumer ^ IMarc, Inc. L.T. Service Corp. LendersInspection Services,Inc. Company LexTerraeNational LexTerrae,Ltd. MississippiValley Old RepublicBranch OldRepublic Diversified TitleServices, Inc. TitleServices Information Services, Services,Inc. Company Inc. OldRepublicEscrow OldRepublic Old Republic National OldRepublicTitleand OldRepublicNational ofVancouver, Inc. Exchange Company Ancillary Services, Inc. EscrowofHawaii, Ltd. Title Insurance Company OldRepublicTitle OldRepublic Title Old Republic Title Old Republic Title Old Republic Title Company Company of Conroe Company ofNevada Company ofOklahoma Company ofOregon Old Republic Title Old Republic Title OldRepublicTick OldRepublicTitle,Ltd. RamQuest Software, Inc. Company ofSt. Louis Information Concepts Insurance Agency, Inc. Republic Abstract& Sentry Abstract SuretyTideAgency, Trident LandTransfer Settlement, LLC Company Inc. Company, LLC Thispageisonlyapartofa2021ALTACommitmentforTitleInsuranceissuedbyOldRepublicNationalTitleInsuranceCompany.ThisCommitmentisnotvalidwithoutthe Notice' the Commitment toIssue Policy: theCommitment Conditions: Schedule A;Schedule B,PartI—Requirements; andSchedule B.Pail Il—Exceptions Copyright 2021 American LandTitle Association. All rightsreserved. ALTA Theuseofthis Form( orany derivative thereof) isrestricted toALTA licensees and ALTA members ingood standing as ofthedate ofuse. Allother uses are prohibited. Reprinted under licensefromtheAmerican Land TitleAssociation. [PAGE 30] Pioneer Wit 4rnru, chr. Commitment toService" Privacy Policy Statement The Financial Services Modernization Act, known asthe Gramm-Leach-Bliley Act, requires us to explain toour customers the ways inwhich wecollect and use customer information. We are committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what wewill do with your personal and/orfinancial information. We agree thatyou have a right to know how we will utilize the personal information you provide to us. Therefore, Pioneer Title Agency, Inc. has adopted this Privacy Policy to govern the use and handling ofyour personal information. Personal Information Collected Information we receive from you on applications or other forms, such as your name, address, social security number, tax identification number, asset information, and income information; Information about your transactions with orservices performed by us, our affiliates, or others, such as information concerning your policy, premiums, payment history, information about your home or other real property, information from lenders and other third parties involved in such transaction, account balances, and credit card information; and Information we receive from consumer orother reporting agencies and publicly recorded documents. UseofInformation We may disclose the above information ( excluding information we receive from consumer or other credit reporting agencies) about our customers or former customers to our affiliates or nonaffliated third parties as permitted by law. Disclosures may include, without limitation, the following: To insurance agents, brokers, representatives, support organizations, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction; To third party contractors or service providers for the purpose of determining your eligibility for an insurance benefit or payment, providing you with services you have requested, and/ or complying with governmental reporting or disclosure requirements; Toan insurance regulatory authority, or a law enforcement or other governmental authority, in a civil action, in connection with a subpoena ora governmental investigation; Tolenders, lien holders,judgment creditors, orother partiesclaiming an encumbrance oran interest in title whose claim or interest must bedetermined, settled, paid or released prior to atitleorescrow closing. Links to Other Websites Our websites contain links to websites that are provided and maintained by third parties and that are not subject to our Privacy Policy Statement. Please review the privacy policy statements on those websites. We make no representations concerning and are not responsible for any such third party websites or their privacy policies or practices. Confidentiality and Security We will use our best efforts toensure that no unauthorized parties have access to any ofyour information. We restrict access to nonpublic personal informationaboutyou tothoseindividualsand entitieswho needto knowthatinformationto provide productsor servicestoyou. We will use our best efforts to train and oversee our employees to ensure that your information will be handled responsibly and in accordance with the Privacy Policy Statement. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. This page isonly apart ofa2021 ALTA Commitment for Title Insurance issued byOldRepublic National Title Insurance Company. This Commitment isnot valid without the Notice: theCommitment toIssue Policy: the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements: andSchedule B.Part Il—Exceptions Copyright 2021 American LandTitle Association. All rightsreserved. ALTA The use ofthis Form( orany derivative thereof) isrestricted toALTA licensees and ALTA members ingood standing as ofthedate ofuse. Allother uses are prohibited. Reprinted underlicense from theAmerican Land Title Association. [PAGE 31] Restoration Museum Revenue - 2025 Admissions open 2 days a week- $ 6,550 Parking rental - $ 6,330 Total on these two sources - $ 12, 888 Fair Building Possible Revenue City of Bisbee open 7 days a week — $6,550 x 2.5 = $ 16,375 Parking fees — 9 spots $ 2.50 per day x 365 days = $ 8,212 Total Revenue for The General Fund 16, 375 @ 75% = $ 12, 281 Added parking = $ 8,212 Total - $ 20, 782 [PAGE 32] From: Keri Bagley Annual Utility Expenses of Restoration Museum FY25 APS - $ 1,643. 28 AZ Water - $ 424. 65 Century Link Phones - $ 540 Sewer & Garbage - $ 980. 20 Total - $ 3,588.13 Estimate of costs of museum building under COB APS - $ 7,000 AZ Water - $ 1, 500 Century Link - $2,200 Sewer & Garbage - $ 1,000 (rate increase) Sparklight Internet - $ 1,800 Custodial Supplies - $ 1, 500 Total - $ 15, 000 [PAGE 33] Bisbee Restoration Museum and Historical Society 37 Main Street, Bisbee Arizona To: Stephen Pauken, City Manager cc: Ken Budge, Mayor In follow-up to our earlier conversation, the Bisbee Restoration Museum Board ofDirectors met Friday( October 24) to discuss thepossibility oftransferring title ofthe Fair Store building to the City ofBisbee foruse as the City ofBisbee Visitor Center. The Board was unanimous in support ofthe concept. We look forward to a discussion clarifying how the museum would be operated once the City has ownership. The Fair Store, a three story department store constructed in 1909, was designed by renowned architect Frederick Hurst and is listed on the National Register ofHistoric Places. Architecturally it is one ofthe most significant buildings on Bisbee' s historic Main Street. The Museum itself would be major attraction to the Visitor Center. Its association with the Visitor Centerwould allowthe Museum to be open daily. TripAdvisor rated the Restoration Museum as 9 of36 things to do in Bisbee The west side ofthe building( 14 x 42 feet) could be vacated forthe Visitor Center/office and audio-visual display area. There is a full basement for storage. The building hastwo ofthe best display windows on Main Street. The Museum recently updated its HVAC system with a3-ton mini-splitheatpump onthe first floor located directly behindtheproposed VisitorCenter space, plus a 1- ton mini-split on the mezzanine and a 3-ton mini-split on the second floor. The Museum also recently installed an ADA compliant restroom. A display ofhistoric Main Street signage was recently hung from the ceiling and wall area behind the proposed Visitor Center space. A SHPO historic preservation grant has been received to upgrade the glass brick sidewalk in front ofthe museum. We are currently working with Step Up Bisbee to resurface the roof. The Museum owns nine off-street parking spaces behind the building. We would look forward to working with the City ofBisbee in pursuing a SHPO façade grant to restore the 2' and 3'' floor windows and façade features. Complete architectural drawings ofthe building have been prepared by architect Ben Lepsy. The Restoration Museum, a 501( c)( 3), could continue to oversee operation ofthe Museum, its current and future collections and exhibits. It could assist with recruitment and training of volunteers to provide orientation to the Museum and other city attractions. On weekends $ 50- 100 a day is collected in admissions. Acomplete financial statement ofthe Museum's current operation is available. We can conduct a walkthrough ofthe building with you, City staff and Council members. Please contact me at 520-432-2482 or Museum Director Barbara Bruno at 520-249-5742. Yours truly, Douglas Duun, Vice President keeeivel DcCoder 28, 2025 [PAGE 34] CGV• ILL Iuru. ul• lurl N° 520.3424945 Tectonicus IIc. 520-333-6033 * P0. 1530, Bisbee, Az 85603 www.tectonicus. com WW B W E • N T a E T C EC TO TO N N IC IC U U S• S• CO C M O TECTONICUS WWW• TECTONICUS• C BEN aTN520. 3/ 5/ 2026 32C945 WWW• TECTONICUS BENaTECTOONIC City of Bisbee 118 Arizona St WWW• TECTONI BENaTECTONI Bisbee, Az 85603 520. 34, WWW. TECTOA BENaTECTC Fair Store Building TELT 37 Main St WWW• TECT Re: building safety and restoration issues BENaTE< N°. WWW• TE Hello Mayor Budge, BENaT WWW• This letter is in response to our meeting on 3/ 3/ 2026 with the Restoration Museum board member, city staff, and BEA you. You had requested a list of items in order of importance that need to be addressed with the building. Keep in W4 mind that this isa working list, as some of the issues mentioned here are being addressed by the Restoration E Museum Board or already are under construction. With construction, one can never guarantee a safety issue will be addressed by another party, until it's actually been done and signed off on by the architect and city building inspector. The issues with 37 Main as observed in Ben Lepley's 2019 structural and architectural report and Xavier Rodriguez's2026 building inspection. Keep in mind these items were seen and cataloged in 2019, so since that time new structural or safety issues might have arisen asthe Museum has not hired me to update the analysis, though this seems unlikely anything major has occurred inthat time.The numbers listed are an Architect's estimate and may vary when bid out by a contractor. 1) Building Structural Safety Issues—Urgent, impending danger. Second and Third floor windows, wood lintels and trim replaced or restored. In danger offalling out onto street. o Second floor windows are on order, funded.$ 40,000 o Third floor windows and balcony door may cost$ 30,000 to be restored/ replaced. Door should be preserved/ restored, windows could be restored or replaced. Bricks, stone, plaster reliefs, window and cornice elements need to be checked by an experienced mason, and re-pointed using the proper historic lime& marble sand-based mortar mix. Density and chemistry of mortar must match existing brick and mortar otherwise increased frost and moisture damage would occur.$ 50,000? HVAC compressors on the North Wall exterior need to be placed on the roof preferably. Already one recent traffic accident occurred due to the unpermitted and non- code compliant install. $ 5,000? Glass Sidewalk preservation and stabilization, In Progress, SHPO funded$ 150, 000 approx. 2) Building Safety Issues—Code Safety Issues, not urgent, grant or bed-tax funded Front facade Parapet tied back to roof structure to prevent collapse on street in seismic, wind and fire o Pair with decorative cornice to cover parapet stabilization structure and restore historical significance. $ 60-125,000? o Value engineering of the design may lower the price ofthis, ifthere is interest. Bannisters on Mezzanine and third floor stairwell need to have an additional rail installed atop to increase height to Code. A polished brass modular system that bolts onto the top ofthe original bannisters similar to one I designed forthe CQLibrary would be nice here. A higher banister rail installed on third floor French doors to increase height to Code. Basement Stair enclosure to prevent fire spread.-$ 15,000 Restrooms will need open-style toilet seats. Helps the spread of germs.$ 300 Old electrical wiring may stay in place if historically significant, but completely disconnected from upgraded new electrical system. Electrician to do code check on main service, breakers, and circuits. 1,000? [PAGE 35] burolLtiunik. us. Lun N° 520.3426945 Tectonicus IIc. 520-333-6033 * P0. 1530, Bisbee, Az 85603 www.tectonicus. com WW B W E • Na T T EC E T C O T N O IC N U IC S• US• CO C M 0 TECTONICUS WWW• TECTONICUS• C BENaTECTONICUS• Open electrical boxes will have to be properly closed off with light fixture, switch, receptacle or plate. N° 520.342.6945 300 WWW• TECTONICUS BENaTECTONICL Fire extinguishers will have to be moved to the locations requested by the fire inspector. Some were too TECTONIC! low some where on the ground. And had no signage stating location.$ 300 WWW• TECTONI BENaTECTONI P 520. 34 3) Building Preservation& maintenance—Building longevity and Historic work, grantor bed- tax funded WWW• TECTOA BENaTECTC TECT Interior Millwork and Stair Treads need sanding and new sealer or repair ofsealer, as needed.$ 8,000? WAl• TECBENaTEC Re-Opening of clearstory prism windows on first floor, in addition to the replacement of right side N° windows to full height style to match left side( original 1908 design)$ 25,000? BBB. TE BENaT o Historic prism glass is still present, behind stucco, stucco must be very carefully removed. Retractable Fabric awningsto be installed over lower ground floor windows to protect displays from WWW. BEA overheating in summer. Per 1908 designs$ 30,000? Membrane roof needs re-painting per existing manufacturer' s spec.$ 15,000? WW For any change in occupancy requested by the city, adjustments to the fire safety systems, secondary B exists, alarms, or sprinklers, or fire ladders may be required, to increase or change occupancy. To be designed, no cost yet, architectural design needed first.$ 1,000 to$ 150,000 Thankyou for asking me to provide you with this list. Ifyou would like todiscuss further,we can set up a meeting oryou can call my cellphone at 432-0348. For email replies please CC my civil engineer Richard Cayer and keep him in the loop. Thanks Ben Lepley [PAGE 36] c.......laftar. ra,..4111411111411fil.4.4•11.41.-. 4/1411amku a.WA.. Aillialli111111. 11111111111W111. 1111111111111111111111..... 1 -- Nill1i"1-/1--11MIMIN 1: - 44galk - igalliPiligaregiiiii/ WIRINWitrarkgrAtiii Check and ill ' , 1, 4-- one 4.--- Chec r r. . Windo : Fixed i•-=' Wind .. F ixed is ir I 8 I 1, 1 i 4 , • II K-, , \..,--,,,..., ..... 1• 00...... k- l• kereyel), -. 7. 2. --.,-,.,- 1/.i.,4,41 r' ----- ...----- r.,,,,,,,,....„.. . , 4- .--- . t---7_ - . ---r-,-.4•-, --;,..%a),,„,..,:..,..,..,,, -- - - Aii t1.14 ._ • I . 1 J.' ' ''-'-- . s 11 1 — ..../ 1 41.‘ u,.................*/ 7- 4---' 11 4., r.:. ,, , . L k. U I I S IvFals' ' tf ill luillkH75 I I ti.,,, ,: l' 11 . e iifil 1 ,.. 111 13 lei 0 , miff . , I 1 A•til.--,--. - t-,:7-_.---,-- _._-,=---,=_-:-----,---- •-----,----- -- 1101. -' 4/11-.44W-VirtPitettlagag— ' [PAGE 37] 9-500.06. Hospitality industry; discrimination prohibited; use oftax proceeds; exemption; definitions A.A city or town shall not discriminate against hospitality industry businesses in the collection offees. For the purposes ofthis subsection: 1. " Discriminate" means any increase offees on hospitality industry businesses by any dollar amount without a corresponding equal dollar amount of increase in the privilege license fees or other fees imposed on all other businesses in the city or town or increasing or imposing the fees on hospitality industry businesses where no similar fees are established and imposed on other businesses. 2. " Fees on hospitality industry businesses" means annual liquor license taxes or fees orannual renewal or reissuance fees for municipal business privilege licenses, however denominated. B. A city or town shall not increase the fees on hospitality businesses in any year by an amount that exceeds the amount ofany increase in the consumer price index compared tothe average ofthe last five years ofconsumer price indexes. C. On or after the effective date ofthis amendment to this section, ifa city or town, by passing an ordinance or charter amendment by its governing council or by a public vote, establishes a discriminatory transaction privilege tax or increases its existing discriminatory transaction privilege tax on hospitality industry businesses greater than any increase imposed on other types ofbusinesses in the city ortown, the proceeds ofthe established discriminatory transaction privilege tax, except as provided in subsection D, and the proceeds ofany increase above the existing discriminatory transaction privilege tax shall be used exclusively by the city or town for the promotion oftourism. For the purposes ofthis section a tax which is in effect onApril 1, 1990 and is subsequently renewed by a majority ofqualified electors voting at an election to approve the renewal is not considered a tax increase. D. For the purposes ofsubsection C, expenditures by a city or town for the promotion oftourism include: 1. Direct expenditures by the city ortown to promote tourism, including but not limited to sporting events or cultural exhibits. 2. Contracts between the city or town and nonprofit organizations or associations for the promotion oftourism bythe nonprofit organization orassociation. 3. Expenditures by the city or town to develop, improve or operate tourism related attractions or facilities or to assist in the planning and promotion ofsuch attractions and facilities. E. Ifa city or town has not imposed a discriminatory transaction privilege tax up to atwo per cent tax level on hospitality industry businesses as ofApril 1, 1990 and thereafter imposes or increases such a discriminatory transaction privilege tax, the first two percentage rate portion ofthe discriminatory transaction privilege tax is not subject to the provisions ofsubsection C. F. The collection by a city or town ofa fee or tax prohibited by this section shall be void and unlawful. For a five year period following the unlawful collection ofthe fee, the city or town shall reimburse the hospitality business for any reasonable expense incurred incollecting from the city ortown any fees ortax unlawfully collected. G. For the purposes ofthis section: 1. " Discriminatory transaction privilege tax" means any transaction privilege tax rate imposed by a city or town onhospitality industry businesses that is above the transaction privilege tax rate imposed by acity ortown equally on all businesses subject to a transaction privilege tax. 2. "Hospitality industry businesses" means: [PAGE 38] a) A restaurant, bar, hotel, motel, liquor store, grocery store, convenience store or recreational vehicle park. b) A motor vehicle rental agency in acounty stadium district which has imposed the car rental surcharge pursuant to section 48-4234.