1988-031 (2)RESOLUTION 88-31
AGREEMENT RELATING TO FIRE FIGHTING PRACTICE
THIS AGREEMENT RELATING TO FIRE FIGHTING PRACTICE (this
Agreement") is dated as of 6,e2,Z,6 -1'- 1988.
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WHEREAS, the fire fighting organization (the "Fire
Department") of the City of Southlake, Texas (the "City") has
requested International Business Machines Corporation, a New York
corporation ("IBM"), to allow representatives of the Fire
Department to utilize those two houses located between Highway
114 and Sam School Road in the City owned by the Partnership more
particularly described in the attached Exhibit "All (the "Brice
and Roper Houses") for the practice of fire fighting skills and
techniques (the "Fire Fighting Practice");
WHEREAS, the Fire Department plans to conduct the Fire
Fighting Practice, which is to include the destruction of the
Brice and Roper Houses by fire, during dates to be selected by
the Fire Department in March and April, 1988, and IBM desires to
accommodate the Fire Department in its request by allowing the
use of the Brice and Roper Houses for the Fire Fight. -Ing Practice;
and
WHEREAS, the City, acting by and through its City Council, a
quorum being present and all required notices having been duly
given, upon motion made, seconded and approved, has authorized
entry into this Agreement.
NOW, THEREFORE, for and in consideration of the privilege
and the right to utilize the Brice and Roper Houses for the Fire
Fighting Practice and other good and valuable consideration
passing between the City and IBM, the receipt and sufficiency of
which are hereby acknowledged, the City agrees as follow*s:
1. Prior to the date of the Fire Fighting Practice, the
City agrees to obtain an endorsement to those liability and
casualty insurance policies covering the City and the Fire
Department, in favor of IBM, and to provide evidence of such
endorsement to IBM, providing insurance coverage for the Fire
Fighting Practice to IBM with the same limits of coverage as
those provided to the City.
2. Prior to the date of the Fire Fighting Practice, City
officials and employees shall have full opportunity to inspect
the Brice and Roper Houses and are authorized to make such
changes to the Brice and Roper Houses as they deem necessary for
the safe conduct of the Fire Fighting Practice. IBM delivers the
Brice and Roper Houses to the City "AS IS AND WITH ALL FAULTS."
3. The City shall secure any and all necessary approvals
for the Fire Fighting Practice.
4. The City agrees that neither IBM or its agents,
employees, representatives, officers or directors, individually
or collectively (the "Released Parties") shall be liable for any
injuries or damage to persons or to property nor shall such
Released Parties be subject to any claim, demand or cause of
action whatsoever for injuries or damages, including but not
limited to death or severe bodily injury, resulting from or in
any way connected with the Fire Fighting Practice, including
without limitation, any and all claims, demands or causes of
action resulting from any alleged negligence by the Released
Parties.
EXECUTED as of the date and year first above written.
Approved as to legal form:
City Attorney
Dated:
BPB6
032588
45696-171
1988
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CITY OF UTHLAKE, ^
T COL WTY , TEXAS
Honorabl ofirfny Westerholm
Mayor
By:
n ra LeGrand, Secretary
INTERNATIONAL BUSINESS
MACHINES CORPORATION,
a New York corporation
By:
Its
y
EXHIBIT 'A'
LEGAL DESCRIPTION. •.
Being a 3.193 "acre tract of land situated in the T. W. Mann
Survey, Abstract 1107. Tarrant County, Texas, being that certain '
tract of land conveyed to John L. Brice as recorded in Valuaa
6433, rage 853, the same being a portion of Tracts 5 4 6 of the R.
P. Estes Subdivision as recorded in Volume 1957,'Page 324.'Deed
Records, Tarrant County. Texas, and being sore particularly
described by states and bounds as follows:
BEGINNING 'at a 5/8 inch iron sod found for the southwest
corner of that certain Parcel. 3 Tract I. conveyed to International
Business Machines Corporatio6, hereinafter referred to as IBM,
as recorded in Volume 7422, Page 2157. said Deed Records the same
being the northwest corner of that certain 2.00 acre tract of
land conveyed to Torrence Alton Page at ux as recorded in Volume
6562, Page 485, said Deed Records and being the southeast corner
of that certain 1.883 acre tract of land conveyed to Billy R.
Roper etux as recorded in Volume 8269, Page 2117, said Deed
Records;
THENCE S 000 26' 53" B. along the west line of said Torrence
Alton Page tract and generally along a barb wire fence at 359.74
eet passing the southwest corner of same, continuing in all
2.80 feet to a 1/2 inch iron rod found for the northeast corner
of that certain tract of land conveyed to Norman L. pranks as
recorded in Volume 5517, Page 645, said Deed Records, the same "
being in the west line of that certain tract of land conveyed to
IBM as recorded in Volume 7402, Page 1150. said Deed Records;
THENCE N 880 27' 38' W. along the north line of said Norman L.
Franks tract. 365.54 feet to a 3/4 inch iron rod found for the
southeast corner of that certain tract of land conveyed to.Lake
Port Development Corporation as recorded in Volume 8559. Page
1340. said Deed Records;
THENCE N 060 24. 49' V along the east line of said Lake Port•
Development tract, 266.41 feet to a 1/2 inch iron rod found for
the northeast corner of same. also being the southeast corner of
that certain tract of land conveyed to Lake Port Development
Corporation as recorded in Volume 8519, Page 1356, said Deed
Records;
THENCE M 060 55"54" 54" W along the east line of said Lake Port -
Devaiopment tract recorded in Volume 8519, Page 1356, 146.68 feet
to a 3/4 inch galvanised pipe found' for the southwest corner of
the aforementioned Billy R. Roper Tract;
A. f .
THENCE W 860 50' 12" E,along 'the south line of mid Billy R. ;
aper tract, 410.03 feet to the POINT 0! BEGINNING and containing
793 acres of land, more or less.