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HomeMy WebLinkAboutContract 40743 CITY SECRETARY 1 ENCROACHMENT AGREEMENT CONTRACT NU. 4 (.Specialty Adhesives, lnc.) THIS AGREEMENT is made and entered into by and between the City of Fort Worth, a municipal corporation of Tarrant County, Texas, acting herein by and through its duly authorized Planning and Development Department Director, hereinafter referred ,4��as t "Qity", and Specialty Ad psives, Inc., acting herein by and through its duly authorized hereinafter referred to as "L+ icense Owner of the property located at 2840 S. Bryan Avenue, Fort Worth, Texas ('Property"). 1. For and in consideration of the payment by Licensee of the fee set out below and the true and faithful performance of the mutual covenants herein contained. City hereby grants to Licensee permission to allow to remain, Improvement(s) ("Improvement'") that encroaches upon, uses and/or occupies portions of the space under, on and/or above the streets, alleys, sidewalks and other public rights-of-way, such Improvement(s) are described as follows: Protrusion of concrete building over the west boundary line. The location and description of said Improvement and the encroachment is more particularly described in the survey attached as Exhibit "A" hereto, incorporated herein and made a part hereof for all purposes. 2. All maintenance in connection with such Improvement, use and occupancy shall be performed in strict compliance with this Agreement and the Charter, Ordinance and the Codes of the City. 3. There shall be no encroachments in, under. on or above the surface area of the streets. alleys. sidewalks and other public rights-of-\\a\ inyolyed. except as described herein and shod\n on the llerelnaboye referred to Fxhlblt -A". 4. Licensee. at no expense to the City. shall make proper provisions for the relocation and installation of' any existinl-) or future utilities affected by such encroachment u,e Ind inCILIdin�� the :Ccurin�� M' �Ihhro\al �ffld r<,n.cnt in0111 t6c utility uomhanie, and the ahhropnr ltc a,,encic, M' the titate and it, pohtic�ll I subdivisions. In the event that any installation, reinstallation, relocation or repair of any existing or future utility or improvements owned by, constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance or existence of such encroachment and use, Licensee shall pay to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works of the City, or his duly authorized representative. 5. City may enter and utilize the referenced areas at any time for the purpose of installing or maintaining improvements necessary for the health, safety and welfare of the public or for any other public purpose. In this regard, Licensee understands and agrees that City shall bear no responsibility or liability for damage or disruption of improvements installed by Licensee or its successors, but City will make reasonable efforts to minimize such damage. 6. In order to defray all costs of inspection and supervision which City has incurred or will incur as a result of the construction, maintenance, inspection or management of the encroachments and uses provided for by this Agreement, Licensee agrees to pay to City at the time this Agreement is executed a fee in the sum of Two Hundred Seventy- Five Dollars ($275.00). 7. The term of this Agreement shall be for thirty years, commencing on the date this Agreement is executed by the City of Fort Worth. Notwithstanding the foregoing, if Licensee and/or its successors and/or assigns desire to continue with this Agreement, the City of Fort Worth shall use reasonable efforts to enter into a renewal of this Agreement or otherwise execute a new Consent to Encroachment Agreement to allow the encroachment described herein to remain in its current location. 8. Intentionally Deleted. 2 9. It is further understood and agreed upon between the parties hereto that the public rights-of-way, alleys, sidewalks ("public right-of-way") to be used and encroached upon as described herein, are held by City as trustee for the public; that City exercises such powers over the public right-of way as have been delegated to it by the Constitution of the State of Texas or by the Legislature; and that City cannot contract away its duty and its legislative power to control the public right-of-way for the use and benefit of the public. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the right of way to be used for any other public purpose, including but not being limited to underground, surface of overhead communication, drainage, sanitary sewerage, transmission of natural or electricity, or any other public purpose, whether presently contemplated or not, that this Agreement shall automatically terminate. 10. Licensee understands and agrees that the granting of any encroachment hereunder is not meant to convey to Licensee any right to use or occupy property in which a third party may have an interest. 11. Licensee agrees to comply fully with all applicable federal, state and local laws, statutes, ordinances, codes or regulations in connection with the maintenance of said Improvement, encroachment and uses. 12. Licensee agrees to pay promptly when due all fees, taxes or rentals provided for by this Agreement or by any federal, state or local statute, law or regulation. 13. Licensee covenants and agrees that it shall operate hereunder as an independent contractor as to all rh-hts and priv ile(-,es granted hereunder and not as an officer. agent. servant or employee of City and Licensee shall have exclusive control of and the exclusive right to control the details of its operations. and all persons performing same. and shall be solely responsible for the acts and omissions of its officers. agents. servants. employees. contractors. subcontractors. licensees and invitees. The doctrine of respondeat superior shall not apply as between City and Licensee, its officers. agents. servants. employees. contractors and subcontractors. and nothing herein shall be construed as creating a partnership or joint enterprise between Ot,, and l.iccn,cc. 14. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID IMPROVEMENT AND ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance, naming City as certificate holder, as proof that it has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit '`A". The amounts of such insurance shall be not less than the following: S1,000,000 Commercial General Liability with the understanding of and agreement by Licensee that such insurance amounts shall be revised upward at City's option and that Licensee shall so revise such amounts immediate]y follmving notice to Licensee Of such requirement. Such insurance policy shall provide that it cannot be canceled Or amended «ithout at least ten (10) da}s prior written notice to the Building Official of the Cite of Fort Worth. A copy of such Certificate of Insurance is attached as attached as Exhibit "B". Licensee agrees to submit a similar Certificate of Insurance annually to City on the anniversary date of the execution Of this Agreement. Licensee agrees. binds and obligates Itself. Its Successors and assigns. to maintain and keep in trice such public handih insurance at al] times during the term of this \gwcmcnt and until the renm al of all encroachments and the cleaning and rc.toration of 4 the city streets. All insurance coverage required herein shall include coverage of all Licensee's contractors. 16. Licensee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay necessary fees to record this Consent Agreement in its entirety in the deed records of Tarrant County, Texas. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth, Texas. 17. Tn notir.,, hrn„rrht liv the C;tv for thn onfnroomont of the nhliogtinnc of Licensee, City shall be entitled to recover interest and reasonable attorney's fees. 18. Licensee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this contract without the prior written approval of the City Manager or designee. Any attempted assignment without prior written approval will be niJ 19. THE PARTIES AGREE THAT THE DUTIES AND OBLIGATION CONTAINED IN PARAGRAPH 8 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 20. This A«reement shall be binding upon the narties hereto. their successors and assigns. EXECUTED this day of 2010. CITY LICENSEE City of Fort Worth Specialty Adhesives. Inc. a4lems corporation By: By Su;a Alan's, Name! , k ��� "L�. Direct Title: Planning and Development ATTEST: Approved As To Form And Legality City Secreta Assistant City Attorney 0 d 0 �j O p o0 a G00 0000 "Zf STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas. on this day personally appeared Susan Alanis, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of the City of Fort Worth, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _�'� day of 20 � r qq ANGELA ESTRADA � i _ ` � ' gd.kd' Notary Public,State of Texas Y ' �. •' : M Commission Expires Notary Pub 'c in and for the August 21,2011 State of Texas STATE O ",;-' COUNTY OF #R�T BEFORE ME, the undersigned authority, a Notary Public in and for the State of S, on this day personally appeared ��� j known to me to t be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. as the act and deed of Specialty Adhcsi%es. Inc. and in the capacit} therein stated. -)1`r-, (i IVEN t N1)1:R MY ILAND AN'D SEAL OF OFFICE this � `� da% of 7, 20 V� STATE F N��tary Public in and 1'()r the OF : .- TENNESSEE NOTARY PUBLIC CIL 7 �BY ,64 IL V_ _ 3 " � r II I ig 1 1 f1 f I •�3 s 1. T! 1 �--_ �I frl'}1� �77.7CFT c3 � a 1 Milli_ ♦ t O _ s n E Li L-i L__j x ti)6s - � 2 ACORD CERTIFICATE CF LIABILITY INSURANCE B/10/2o 0 PRODUCER (901)767-3600 FAX: (901)763-2613 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Clay and Land Insurance, Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1' HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 866 Ridgeway Loop Rd ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 200 Memphis TN 38120 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:Peerless Indemnity 18333 Specialty Adhesives Inc INSURER B:Montgomery Insurance 22659 P. O. Box 18445 INSURER c:Netherlands 24171 INSURER D: Memphis TN 38181-0445 INSURER E: OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING AN REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY TYPE OF INSURANCE POLICY NUMBER DATEMMFDD Y) P EXPIRATION LTR INSRD DATE MMIDD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES(E.E occurrence) $ 100,000 A CLAIMS MADE N OCCUR CBP9768422 9/30/2009 9/30/2010 MEDEXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG $ 2,000,000 X POLICY JECOT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 A ALL OWNED AUTOS BA9763209 9/30/2009 9/30/2010 BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN E.A ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 2,000,000 X OCCUR CLAIMS MADE AGGREGATE $ 2,000,000 B DEDUCTIBLE CU9762028 9/30/2009 9/30/2010 $ X RETENTION $10,000 $ C WORKERS COMPENSATION AND X T WC Y L O R R LIM MIT TS ER EMPLOYERS'LIABILITY - ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? WC8580666 9/30/2009 9/30/2010 E.L.DISEASE-EA EMPLOYEE$ 500,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT S 500,000 OTHER DESCRIPTION OF OPERA TIONSILOCATIONSWEHIC LES/EXCLUSIONS ADDED BY ENDO RSEMENTISP ECIAL PROVISIONS RE: 2840 BRYAN ST., FT. WORTH, TX - HOLDER IS HEREBY NAMED LOSS PAYEE CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF FORT WORTH EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE --- Joseph Smith/ -BG ACORD 25(2001108) ©ACORD CORPORATION 1988 INC1174 in -no-, P—1 M Tom Leatherwood, Shelby County Register of Deeds: lnstr.#05158351 ARTICLES OF AMENDMENT TO THE CHARTER OF SPECIALTY ADHESIVES, INC. Pursuant to the provisions of § 48-20-106 of the Tennessee Business Corporation Act, adopts the following Articles of Amendment to its Charter: I. The name of the Corporation is Specialty Adhesives, Inc. 2. The text of each amendment adopted is: '1 Article I of the Charter of the Corporation is deleted in its entirety acid:iij — its place the following Article is hereby adopted: 1. The name of the corporation is Specialty Adhesives & Coating, Inc. 3. The Corporation is for profit. 4. This Amendment requires no implementations of any exchange, reclassification, or cancellation of issued shares of stock of the Corporation. 5. The corporate control number assigned by the Tennessee Secretary of State is 0192865. 6. This Amendmenr was unatumously adopted by the Shareholders and Directors of die Corporation on the 151 day of September, 2005; 7. This Amendment is to be effective immediately upon filing of these Articles of Amendment with the Tennessee Secretary of State. Mempliis, Shelby County, Tennessee, this 16"'day of September, 2005. Specialty Adh elves, Inc. By.. Larry L h 'rick. President Tom Leatherwood, Sheiby County Register of Deeds: lnstr. #05158351 7 N Tom Leatherwood Shelby County Register As evidenced by the instrument number shown below, this document has been recorded as a permanent record in the archives of the Office of the Shelby County Register. ' IIl IIl IIIiIlIIlfl�ill{lIIIIIlitllllll 05158351 09/26/2005 03109 L, l - CRAII'r L[ AlfIFO1�t7 SR Sr A7 L:[ 71761]-5158351 MO 'GA E SAS SSA15rLR SAS _ O.DO RtCOR Li■O rCS____—_—_— .-5.00 nr RLG117LR'5 UAL! T - ——0 DO f ®1U — 2.50 rO AL A U-rT f 50 TOM LEATHERNOOD Rtcl;rcA Cr cicas "'LRr coCrrr rcrxr = J i 16G N Ma,n St . -'3:_j it t'9 - Mempr�is, Tennessee 38?L,3 5G' 545 aX06 �'ttp '',eg,ster shelby In us