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1988-031CITY OF SOUTHLAKE, TEXAS RESOLUTION 88-31 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT RELATING TO FIRE FIGHTING PRACTICE BETWEEN THE CITY OF SOUTHLAKE AND INTERNATIONAL BUSINESS MACHINES: CORPORATION. DE- CLARING AN EFFECTIVE DATE. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. That the City Council hereby -approved the Agreement Relating to Fire Fighting Practice in the form attached hereto as Exhibit "A" and authorizes and directs the Mayor to execute and deliver such agreement to the International Business Machines Corporation on behalf of the City. Section 2. That this Resolution shall be in full force and effect from and after its passage. PASSED AND APPROVED THIS THE ATT S T : .`'\ i HIL 4 ,, Sandra L LeGrand y _ City Secretary`• (l 1111111111111\''\\ RESOLUTION 88-31 AGREEMENT RELATING TO FIRE FIGHTING PRACTICE THIS AGREEMENT RELATING TO FIRE FIGHTING PRACTICE (this Agreement") is dated as of 6/, -5'- 1988. 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 "A" (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 Fighting 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 follows: 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 mm CITY OF nUTHIAKE, T1= OVNTY,' TEXAS By: H norabld -i6hifny Westerholm Mayor - By: ifidea-LeGrand, Secretary INTERNATIONAL BUSINESS MACHINES CORPORATION, a New York corporation By: Its EXHIBIT 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 Volume 6433, Page $53, the same being a portion of Tracts 5 4 6 of the R. Pe gates Subdivision as recorded in Volume 1957.'Page 324. Deed Records, Tarrant County. Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod found for the southwest corner of that certain Parcel. 3 Tract I, conveyed to International Business Machines Corporation, 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" E. along the west line of said Torrence Alton Page tract and generally along a barb wire fence at 359.74 feet passing the southwest corner of same, continuing in all 42.80 feet to a 1/2 inch iron rod found for the northeast corner that certain tract of land conveyed to No L. Franks 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" W 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; i K THENCE N 060 55' 54" W along the east line o; said Lake Port - Development tract recorded in Volume 8514, Page 13'56. 146.68 feet to a 3/4 inch galvanised pipe found' for the southwest corner of the aforementioned Billy R. Roper Tract; ; THENCE N 860 50' • 12" g.along *tha south line of mid Billy 1. Roper tract, 410.03 Leet to the POINT OF BEGINNING and containing 93 acres of land, more or less.