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