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HomeMy WebLinkAboutContract 7842 ' COVENANT AND AGREEMENT CITY StCRETARY nss*no|wG Conmcr ' STORM ona|w n|meELL, |wC0erOnxTco' o Texas Corporation, oo+|nO herein by and through Bob F. sc»++ its Executive Vice P hereby certifies it is the owner of certain real property located in the City of Fort Worth, stn+o of Texas, said property being |eou| |y described as Lot | , Block 2, Kimbell |nuus+r/n| Addition to the City of Fort Worth, Tarrant County, Texas, according to the p|nt thereof recorded in vo|vmo 308-67, Page |], of the pio+ Records of Tarrant County, Texas, and as conveyed to ximh*| | mi | | ino Company by uo*u rocvrx*o in Volume 2052, raso 227, of the Deed Records of Tarrant County, Texas. xHcRsxs, nimbe| | , Incorporated has acquired the real property des- cribed above subject to certain easements which are set forth in Volume 388-67, Page 13, Plat Records of Tarrant County, Texas, for the purpose of storm drain- age, and the nimuo| | , Incorporated intends to erect certain permanent improve- ments upon the real property described above over all or part of said easement or adjacent thereto; w*sRsxs' Kimbell , Incorporated proposes to construct o uv, |u/n8 over on existing 68-inch storm sewer pipe within a 15-foo+ easement as shown on said plat; NOW, THEREFORE, Kimbell , |nonrpora+ed, acting herein by and through Bob F. Scott its duly ou+hori zed Exec. for and in con- sideration of the payment to it by the City of Fort Worth of One no| |or ($| .00) and for other good and valuable consiuora+/on, the receipt and sufficiency of which is xer*uv acknowledged, hereby agrees to submit to the City Engineer of the City of port Worth for upprovn| , n| | building +vvnxotinn plans of its permanent improvements, which the Kimbell, Incorporated company proposes to construct in or uuJoovnt to the area of the storm uroiono° structure and its easements, and not commence any such construction without the opprn,o| of said oi+v Engineer, but such approval sxu| | not constitute any assumption of | iohi | i+v nor any waiver or any of the terms xoroo+ by said Engineer or the City. Kimbell, Incorporated further agrees that in the event if becomes nec- essary for the u/+v of rnr+ Worth, Texas. to repair or replace such storm oro/n' Kimbell, Incorporated shall pay all cost for the relocation and/or rebuilding of any of the improvements reasonably required to enable the oi+v to repo the storm drain. O~~~-~L RECORD CITY SECRETARY Kimbell , Incorporated further agrees to and does hereby indemnify, hold harmless and defend the City of Fort Worth, Texas, its officers, agents and employees, from and against any and all claims or suits for damage or lia- bility, expense, loss or damage which may be sustained by it or its customers, employees, or invitees, to permanent or temporary improvements or to contents during all such time said improvements or contents are located over or adjacent to such storm drain whether or not such liability, expense, loss or damage re- sults from any structural failure of such storm drain or from flooding, and from and against any and all claims or causes of action by any person and of any nature whatsoever, whether real or asserted, for personal injuries (including death) or property damage arising out of or caused by the design or construction of the storm drain or of the location or construction of any building or structure adjacent to or over the storm drain. This covenant and agreement shall run with the land and shall be bind- ing upon Kimbell, Incorporated, any future owners, encumbrances, their successors, heirs or assignees, and shall continue in effect so long as said building shall remain over said easements or until released by property authority of the City of Fort Worth, Texas. DATED this 8th day of March 1974. K I MBE L L,,,-°)NCORPORAT By T !7 Executive Vice President Accepted and approved th i s-,Zf day of Z s'a,µ, r 1 974. CITY OF FORT WORTH, TEXAS d , By :.. 4­.e,.„1 R. N. Line Its City Manager APPROVED AS TO FORM: I 1 City Attorney ' , THE STATE OF TEXAS i nnuwrr OF TxRnxNT I uspoRs ms, the undersigned authority, on this day personally appeared Bob F. Scott, Exec. Vice President known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was his act and that he executed the same for the purposes and consideration therein expressed and in the uupoci+v therein stated. GIVEN uwoEn M, n*wo AND SEAL or opp|oE, this 8th day of March , A. D. 1974. Notary Publ 'id in and for Tarrant County, Texas S"""ATE OF TEXAS X X COUNTY OF TARRANT CERTIFICATION I , Andrew J. Senchack, Vice President-Secretary of Kimbell , Inc. and the keeper of the records and seal of said Corporation do hereby certify that the attached is a true and correct copy of the letter of authority dated November 12, 1973, signed by the President and Chief Executive Officer of Kimbell , Inc. delegating the responsibilities and authority to administer the matters contained therein to Bob F. Scott, Executive Vice President. I further certify that this letter of authority is in full force and effect as of this date. WITNESS my hand and seal of the Corporation this day of e. A. D. 1974. STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned, a Notary Public, in and for said County, Texas, on this day personally appeared Andrew J . Senchack known to me to be the person whose name is 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 day of A. D. 1974. Notary Public, TaYrant County, Texas t; vt r I N C. November 12, 1973 Mr. Andrew J. Senchack Vice President-Secretary Kimbell , Inc. P. 0. Box 1540 Fort Worth, Texas 76101 Dear Mr. Senchack: Pursuant to the authority granted to the Chief Executive Officer by the bylaws of Kimbell , Inc. , I hereby delegate to Mr. Bob F. Scott, Executive Vice Presi- dent, the responsibility and authority to administer the following matters on behalf of the corporation: 1 . Enter into and execute any lease contract of real or personal property on behalf of the Corporation in which the Corporation is named as lessee or as lessor where the terms of such lease does not extend beyond 25 years and monthly rentals to be paid under such lease contract does not exceed the sum of $6,250.00 per month. 2. To sell and to execute on behalf of the Corporation sales agree- ments, deeds and conveyances of real and personal property which are no longer needed by the Corporation for the operation of the business and which do not constitute a substantial or material part of the company' s assets , on whatever terms and in the judg- ment of the President to be the best interest of the Corporation. 3. To borrow money on behalf of the Corporation and to execute pro- missory notes, mortgages and deeds of trust on corporate property to secure such loans made to the Corporation provided however that such indebtedness thereby created shall not exceed the sum of $i million on any one loan and term or repayment of such loan will not exceed 20 years. 4. To enter into contracts or instruments relating to the purchase of real or personal property used in connection with the Corpor- 1929 SOUTH MAIN STREET P. O. SOX 15413 FORT WORTH, TEXAS 76101 817- 924-3271 Page 2 Mr. Andrew J. Senchack November 12, 7973 ation's business, providing however, that no one contract or one instrument shall create any indebtedness on behalf of the corporation in excess of $1 million. 5. That as to any such contract or instrument negotiated and signed by the Executive Vice President, that he be authorized to direct the Secretary of the Corporation to affix the cor- porate sea] thereto and to attest the same by his signature. You are hereby directed to make this letter a part of your corporate records by filing the original thereof in the minute book of Kimbell , inc. Sincerely, KIMBELL, INC. A. L. Scott President & Chief Executive Officer ALS:jm cc: Bob F. Scott • STATE OF TEXAS X COUNTY OF TARRANT CERTIFICATION I , Andrew J. Senchack, Vice President-Secretary of Kimbell , Inc. and the keeper of the records and seal of said Corporation do hereby certify that the attached is a true and correct copy of the letter of authority dated November 12, 1973, signed by the President and Chief Executive Officer of Kimbell , Inc. delegating the responsibilities and authority to administer the matters contained therein to Bob F. Scott, Executive Vice President. I further certify. that this letter of authority is in full force and effect as of this date. WITNESS my hand and seal of the Corporation this day of A. D. 1974. STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned, a Notary Public, in and for said County, Texas, on this day personally appeared Andrew J. Senchack known to me to be the person whose name is 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 day of A. D. 1974. Notary Public, Tarrant County', Texas N C.' November 12, 1973 Mr. Andrew J. Senchack Vice President-Secretary Kimbell , Inc. P. 0. Box 1540 Fort Worth, Texas 76101 Dear Mr. Senchack: Pursuant to the authority granted to the Chief Executive Officer by the bylaws of Kimbell , Inc. , I hereby delegate to Mr. Bob F. Scott, Executive Vice Presi- dent, the responsibility and authority to administer the following matt6rs on behalf of the corporation: 1 . Enter into and execute any lease contract of real or personal property on behalf of the Corporation in which the Corporation is named as lessee or as lessor where the terms of such lease does not extend beyond 25 years and monthly rentals to be paid under such lease contract does not exceed the sum of $6,250.00 per month. 2. To sell and to execute on behalf of the Corporation sales agree- ments, deeds and conveyances of real and personal property which are no longer needed by the Corporation for the operation of the business and which do not constitute a substantial or material part of the company' s assets, on whatever terms and in the judg- ment of the President to be the best interest of the Corporation. 3. To borrow money on behalf of the Corporation and to execute pro- missory notes, mortgages and deeds of trust on corporate property to secure such loans made to the Corporation provided however that such indebtedness thereby created shall not exceed the sum of $1 million on any one loan and term or repayment of such loan will not exceed 20 years. 4. To enter into contracts or instruments relating to the purchase of real or personal property used in connection with the Corpor- 1929 SOUTH MAIN STREET P. 0. BOX 1 54 ❑ FORT WORTH, TEXAS 76101 B17- 924 -3271 Page 2 Mr. Andrew J . Senchack November 12, 1973 ation's business, providing however, that no one contract or one instrument shall create any indebtedness on behalf of the corporation in excess of $1 million. 5. That as to any such contract or instrument negotiated and - signed by the Executive Vice President, that he be authorized to direct the Secretary of the Corporation to affix the cor- porate seal thereto and to attest the same by his signature. You are hereby directed to make this letter a part of your corporate records by filing the original thereof in the minute book of Kimbell , Inc. Sincerely, KIMBELL, INC. 12 Z A. L. Scott President & Chief Executive Officer ALS:jm cc: Bob F. Scott City of Fort Worth, Texas Mayor and Council Communication DATE AUR CE suejEcr: Covenant and Agr eement to Con! PAGE 4/8/74 C-2763 struct a Building Over a Storm Drainage Easemeli Kinibell Industrial Addition Kimbell, Incorporated, aTexas Corporation, Ming through Mr. Bob F. Scott, its Executive Vice President, desires to erect a building over an existing 60-inch stanai sewer pipe and drainage easement crossing property wbich is owned by the firm located northwest of the intersection of Southwest Loop (Its 820) and the South Freeway (IH-35 West) - Lot 1, Block 2, Kimbell Indus- trial Addition, For the consideration of one dollar ($1.00) and permission by the City of' Fort Worth to construct the proposed improvements within the drainage ease- ment, the owner agrees to submit for approval foundation plans for the build- ing, designed specifically to tar evtnt damage to the existing 60-inch storm sewer pipe. The owner further agrees that in the event it becomes necessary for the City to repair or replace the existing storm drain, the awner will pay all costs for, the relocation and/or rebuilding of any of his improvements reasonably reqpired to enAble the City to repair or replace the storm drain. The owner furtber agrees to indemnify and hold harmless and defend the City of Fort Worth from and against any claims and/or suits for damage or liability, expense, loss or damage which may be sustained by him or his c4stomers, employees, or invitees, to iuprovements or contents during such time said improvements or contents are located over or adjacent to such storm drain whether or not such liability, expense, loss or damage results from any structural failure of the storm drain or from flooding, and from and against any and/or all claims or causes of action of any nature 'whatsoever, personal. injuries or property damage arising out of or caused by the design or con strue- tion of the existing is drain or of any building or structure adjacent to or over the exi6 tier,g to drain. The owner has executed a covenant and agreement which shall run with 'the land and be binding upon the owner or any future owners, and shall to ntiAue in effect as long as said building shall remain over the above mentioned easelants. Recommendation, It is recommended that Ve City Manager be authorized to execute the covenant and agreement with the owner of Lot 1, Block 2, KO MI Industrial Addition. RNL:mar SURMITTE0 SY: DISPOSIT10 OY COUNCIL PROPIS ED BY PIP"PROVED [3 OTHER (DESCRIOE) �Od ory mAmAcsR