HomeMy WebLinkAboutContract 5241 i ;
. CITY
SECRETARY
CONTRACT
STATE OF TEXAS §
COUNTY OF TARRANT §
i
WHEREAS, Kimbell Art Foundation, a corporation, has- been'..;'.
formed .for the purpose of founding and maintaining in the City
of Fort Worth an Art Museum to acquire paintings and other
objects of art for public exhibition without profit and to
acquire suitable sites and .structures for such purpose; and,
WHEREAS, a site for the proposed museum has been se-
-lected by the Foundation, which includes two City-owned
tracts lying north of the Will Rogers Coliseum and Auditorium,
separated by Will Rogers Road East, between Lancaster Avenue
and Camp Bowie Boulevard; and,
.WHEREAS, the location, erection and operation of the
proposed .museum and the display of the objects of art avail-
able to the Foundation will be of great benefit to the City
of Fort Worth, its present and future citizens, the educa-
tiona.liI nstitutions located in .or adjacent to the City, stu-
dents, and to the general public; NOW, THEREFORE,
KNOW ALL MEN BY THESE PRESENTS .-
1. The City of Fort Worth, Texas (Fort ,Worth) hereby
gg.rants to the Kimbell Art Foundation. (Foundation) for the
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period of its corporate existence, as .extended by renewals and
revivifications,. and for so -long as the conditions hereinafter
stated are being complied with, the exclusive right to use,
without rent or other cost, those certain lots, tracts and
paxcels of land lying north of the Will Rogers Coliseum and
Auditorium, being more particularly described as follows:
A portion of land out of all that certain
lot, tract or ,parcel of land conveyed to the
City of Fort Worth February 28, 1936, by the
K. M. Van Zandt Land Company, recorded in Volume
1281, at page 499, Deed Records of Tarrant County,
Texas, and being more particularly described by
metes and bounds as follows:
Commencing at a point of intersection of the
east property line of Arch Adams and the south
.property line of Camp Bowie Boulevard; thence
south 0 degrees 03 minutes west 64.00 feet'* thence
north 89 degrees 57 minutes west 96.96 feet to the
point of beginning;
Thence south O. degrees 03 minutes west a dis-
tance of 808.08 feet to a point for corner, said
course being parallel to and a distance of 20 feet
from the west curb line of Arch Adams;
Thence north 89 degrees 57 minutes west a dis-
tance of 627.8 feet to a point for corner, said
course being parallel to and a distance of 20 feet
from the north curb line of West Lancaster Avenue;
Thence north 0 degrees 03 minutes east a dis-
tance of 486.6 feet to a point for corner, said
course being parallel to and a distance of 20 feet
from the east curb line of Will Rogers Drive West;
Thence north 62 degrees 56 minutes east a
distance of 705 .32 feet to the point o 1 of beginning,
said course being parallel to and a distance of
20 feet from the south curb line of Camp Bowie
Boulevard, and containing 9.33 acres more or less.
2. Fort worth will adopt an ordinance closing to traffic
that portion of Will Rogers Road East lying between Lancaster
Avenue and Camp Bowie Boulevard.
3-. The. Foundation will contract for and pay all costs of
the preparation .of architectural .plans, erection, maintenance
and operation of all building and site improvements constructed
and to be constructed on such tracts during its corporate -ex-
istence.
4. The Foundation will operate the facility on. an "open
to the public" basis, provided, however, that the Foundation
shall be authorized in the discretion of its Board of Directors
to charge reasonable entry fees as may be approved by the
City Council of the City of Fort Worth to cover its operat- '
ing expenses, maintenance and upkeep, replacement of objects
of art, and necessary salaries, wages and overhead. In the
event such charges are laid, the Foundation annually shall
file its operating statement with Fort Worth to assure that
the museum is not being operated for a profit.
5 . The Foundation will reimburse the City of Fort Worth
its costs, presently estimated at $55, 000, including engineer-
ing, inspection and miscellaneous expenses, for street work
itemized as follows%
(a) Extension of Will Rogers South to a
connection with Arch Adams, including the
elimination of traffic circles on Lancaster
Avenue and the reconstruction of Arch Adams
from Will Rogers South Extension to a point
approximately 180 feet north of the north
curb line of Lap-caster Avenue; and
(b) Removal of the existing street improve-
ments and landscaping of the street location
of Will .Rogers East, between Will Rogers South
and Lancaster Avenue.
6 . The Foundation will coordinate the final building
and site preparation plans with officials cf the City of
Fort -Worth in order that the architecture, parking facilities
and .landscaping will enhance the over-all beauty and mutual
appropriateness of the cultural facilities in the vicinity
of the Will Rogers Buildings.
7 . In -the event the Foundation is disturbed in its
exclusive use of such tracts, or in the event the possession
and free use thereof for museum and art -institute purposes
is impaired or restricted, the Foundation, at its option,
shall be free to remove the museum and all of its contents
from such tracts and to retain full and complete title .to
and possession of all of .its paintings and other objects of
art located therein, and thereupon such .tracts shall be sub-
stantially restored to their original condition by the Foun-
dation and shall revert to the City of Fort Worth. it is
understood that persons going to the Will Rogers Coliseum
and Auditorium will have free use of .parking areas built by
the Foundation upon such tracts.
8. If the Foundation should fail to erect, maintain
or operate the museum in accordance with the terms hereof,
or upon the termination of the corporate existence of the
Foundation, as extended by renewals and revivifications, the
above described tracts of land, together with full and com-
plete ownership of the museum, furnishings and the collect-ion
of art contained in the museum, shall revert to and become the
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property of the City of Fort Worth, subject, however, to Fort
Worth' s agreeing ,that it willhola, use and manage such tracts
and the museum and its contents for the purpose of maintain-
. I
ing an art -institute for the public exhibition of paintings
and other objects of art. if Fort Worth should fail to so.
agree, the Directors of the Foundation shall be authorized to
convey the use of such tracts and title to the museum and all
of the contents thereof to any one of the following educa-
tional institutions which will accept such properties and
agree to maintain an art institute, . as aforesaid: Texas
Christian University, Texas Wesleyan College or the University
of Texas.
TO HAVE AND TO HOLD the above described tracts, together
with the use and possession thereof, unto .the said Kimbell
Art Foundation as hereinabove provided.
EXECUTED in duplicate originals at Fort Worth, Texas,
this day of November, 1964.
CITY OF FORT WORTH, TEXAS
ATTEST BY
Mayor
/— city Secretary
APPROVED AS TO FORM AND LEGALITY:
ir77.
City Attorney
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned, a Notary Public in and for
said County and State, on this day personally appeared Bayard
H. Friedman, Mayor of the City of Fort Worth, Texas, known
to me to be the person whose name is subscribed to the fore-
going instrument, and acknowledged to me that the same was
the act of the said City of Fort Worth, Texas, and that he
executed the same for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day
of November, A. D. 1964.
Notalry Public in and for Tarrant
County, Texas
AGREED TO AND ACCEPTED
this day of November, 1964.
KIMBET;L A P)UN TIO
President
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THE STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared
known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to
me that he executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of A. D. 19
Notary Public in and for County,Texas.
THE STATE OF TEXAS
COUNTY OF I.
BEFORE ME, the undersigned, a Notary Public in and for said County and State,on this day personally appeared
known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to
me that he executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of A. D. 19
Notary Public in and for County,Texas.
THE STATE OF TEXAS
COUNTY OF TAPJWMT
BEFORE ME he undersigned, a Notary Public in and for said County and State, on this day personally appdared
V'4'L-} sro known to me to be the person and officer
whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said
THE CITY OF FORT UMTH%. A MUNICIPM CORPORATION., ACTING
HEREIN BY AIM THROUGH ITS MLY AUTHORMD OFMCERS
a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein
expressed, and in the capacity therein stated.
�4
GIVEN UNDER MY HAND AND SERI OF OFFICE this theq` day of D. 190
Notary Public in slhd for T-A County,Texas.
i
EASEMENT
THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF ........T1&- ..........................}
That
HEPXra 13Y = THROUGH; ITS it LY A .I=B OFFICERS
for and in consideration of the sum of $1.00 and other valuable consideration, the receipt and sufficiency of which is hereby ac-
knowledged,to us in hand paid by TEXAS ELECTRIC SERVICE COMPANY, hereinafter called Electric Company, does hereby grant,
bargaii, sell and convey unto said Electric Company an easement and right—of—way for the construction,reconstruction, maintenance,
operation and removal of an underground electric distribution system over, across and under those certain lands described as:
• I
A 73,95 acre tract of land out of the John P. Marntgomery Survey, Abstreet Rio,
1030, Tarrant County, Texas,. which. peoperty is more particularly deseri;ed ia
Volume 1281, Elagge 49q, Deed Recordso Tarraint County, Texa•si tai whi-oh referenee
i.s hereby made.
i
A 10 fodt wade undergro=d. easement fbr am electric distribution line, the
centerline of Which begins at a point 5 feet S*odth of the. south right-of-way
line of Camp Bowie Boulevard., and 505 feet southwest of the west r-igit-t-of-wage
line of Arch Adams Street;
Thhencc extends in a UOrtheia'sterly direction parallel: to the south r ig'ht-Gf-
Way JAne Of Game Bowie Boul.eVard a distance of 110 feet to a point;
TImimee: e�itefds S 460 E a• distance of 145 feet.
dreatcyr agrees to establish final grade or subgrade of the area WIVA— :n the
easement prior to the tine Electric Cam
rpany installs its u,�xdergrt d cable.
Any :-rid all cast for the et an,;. reconstractiDn or repair. of the under-
Vo-a-nd and electric distrib ion system Will be at the expense of the Electric
Cari'�pany.' -
Grantor .recognizes that the gei ral coarse of said line, as'ahoVe described,
is based upon prellminai?y surveys €nly,, and hereby agrees that the easement
hereby granted Shall apply to the actual location of the said line: when
constructed.
This is no part of a ha� este:ad.
This easement is subject to lease agreement granted to uimh.ell Art Foundation
dated November 9, 196} being; City Secretary Contract No. 52bl.
together with the right of ingress and egress along and upon said easement strip and over and across Grantor's adjoining properties.
for the purpose of constructing,reconstructing, maintaining, operating or removing said underground electric distribution system, and
the right of ingress and egress on the lands immediately adjoining such easement strip as may be necessary to accommodate needed
machinery in the construction or reconstruction on such easement, together with the right to trim or cut down such trees,shrubs or
bushes on or in the immediate vidinity of such easement strip as may be necessary in the sole judgment of Electric Company to permit
the proper construction,reconstruction, maintenance or repair of same; and provided further that should there now or hereafter be con-
structed on the premises covered by such easement fences or other obstructions, the same shall be removed by the owner thereof and
at no cost to Electric Company, if necessary in the construction, reconstruction,maintenance or removal of said underground distri-
bution system.
The wires and/or conduits to be erected on the above described property by Electric Company shall be placed underground, except
that Electric Company may install, maintain and operate transformers and service connections above ground at points to be determined
by Electric Company.
TO HAVE AND TO HOLD unto the said Ele ric Company, its successors and assigns, forever. S ;
WITNESS OUR HANDS this ............ Q .............. day of ............... .'. . .
.............
ary y� Mayor
..................... .... .................................. .;. .....
CITY ATTORNEY
•F -� M.or
::ffi,:, o ° Dort Wort h,. Te:,.as T46 1.1n, �
.;, a.n- ouncil Commun *cat "on
'd
DATE REFERENCE SUBJECT: PAGE
NUMBER
11/9/64 C-399 Agreement with.Kimbell Art Foundation 1of 1
T.xa'lasmitted. herewith is a proposed agreement with the Kimbell Art Foundation es-
tablishing-the basis for location and construction of a .multi-million.dollar
museum on.a City-owned .tract '.located north of the Wi11.Rogers .Memorial.Auditorium
and Co.lis.eum .between .Lancaster and. Camp"Bowie Boulevard. . A map of the proposed
museum .s.ite is attached. Construction of the museum in.this area .constitutes a
major enhancement of the cultural facilities already in the area, and is Dully
compatible with the long range plans of the City.
.The Foundation plans to construct an appropriate building to display its collec-
tion, including
-app�oximately 200 paintings by such masters as Gainsborough,
Reynolds, Rembrandt, Romney, Beechey, ,Lawrence, .Corot, Van Dyck, Rubens and
De Goya. The collection .also includes works by American artists, and a number
-of jades, ivories and statuaries, and is of major importance in the art world.
This new museum, added to the.Amon Carter Museum of Western..Art, The Fort Worth
..Art-Center and the Children's Museum will establish the. Will Rogers complex '.as
one of the most significant art and cultural centers in the Fnited States.
.Major 'provisions of the proposed agreement include the following-
1) Construction of the museum by the Foundation on the tract bounded by Camp
i Bowie Boulevard, Will Rogers Road West, West Lancaster and Arch Adams Street;
2) .Agreement by the City to close to traffic Will Rogers Road East between .Lan-
caster and Camp Bowie;
3) Reimbursement to the City by the Foundation of the cost of extending of Will
Rogers Road South to Arch Adams, reconstruction of Arch .Adams to a point 180
feet north of Lancaster, and removal of existing street improvements and
landscaping of the street location of Will Rogers Road East between Will
Rogers Road South and Lancaster;
4) Operation of the museum on an "open .to the public" and non-profit basis;
5) Ownership of the museum, furnishings and collection of art to revert -to the
City of Fort Worth .at such time as the- Foundation ends its corporate exist-
ance and the City agrees to continue operation of the museum..
Approval of the attached proposed agreement with the Kimbell Art Foundation is
recommended.
JLB sGA
-attach
SUBMITTED BY: pISPOSITID Y COUNCIL: "PROC ED BY
APPROVED ❑ OTHER'(DESCRIBE)
CITY SECRETARY
DATE
ITY MANAGER J 6