HomeMy WebLinkAboutContract 40743 (2)CITY SECRETARY,' I'
CONTRACT NOb9%0
7 '�y.
ENCROACHMENT AGREEMENT
(Specialty Adhesives, Inc.)
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
2Ceas t "city", and Specialty Adl{tsives, Inc., acting herein by and through
its dulyauthorized Aestc hereinafter referred to
as " icensec ', 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 Improvements) 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 -way involved, except as described
herein and shown on the hereinabove referred to Exhibit "A".
4.
Licensee, at no expense to the City, shall make proper provisions for the
relocation and installation of any existing or future utilities affected by such
encroachment use and occupancy, including the securing of approval and consent from
OFFICS ; utility companies and the appropriate agencies of the State and its political
CITY SECRETARY
FTWORTH,TX 1 08-` 7- 1 0 A08: 30 IN
subdivisions. In the event that any installation, reinstallation, relocation or repair of any
existing or future utility or improvements owned by, constructed by of 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.
Intentionally Deleted.
8.
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 rights and privileges 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 City and Licensee.
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.
t:.
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 Fxhibit "A".
The amounts of such insurance shall be not less than the following:
$1,000,000 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
immediately following notice to Licensee of such requirement. Such insurance policy
shall provide that it cannot be canceled or amended without at least ten (10) days prior
written notice to the Building Official of the City 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 force such public liability insurance at all times during the term of this
Agreement and until the removal of all encroachments and the cleaning and restoration 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.
-in any art'nn hvnngbt by the City for the enforrement of the obligations 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
vni d
19.
THE PARTIES AGREE THAT THE DUTIES AND OBLIGATION
CONTAINED IN PARAGRAPH 8 SHALL SURVIVE THE TERMINATION OF
THIS AGREEMENT.
20.
This Agreement shall be binding upon the parties hereto. their successors and
assigns.
5
EXECUTED this' day of
CITY
City of Fort Worth
By:
Susa
Direct
Planning and Development
ATTEST:
City Secretat
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LICENSEE
Specialty Adhesives, Inc.
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Approved As To Form And Legality
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Assistant City Attorney
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
IN GIVEN UNDER MY HAND AND SEAL OF OFFICE this
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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 09 7 day of
c\-0•61/43 , 20 1 C>.
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STATE 0
ANGELA ESTRADA
Notary Public, State of Texas
My Commission Expires
August 21. 2011
COUNTY OF
&Pkg,Ars
Notary Pubic in and for the
State of Texas
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
cez -+extts, on this day personally appeared4.r..�{ / • k,
be the person whose name is subscribed to the foregoing instrument, and acknowledged
, known to me to
to me that he/she executed the same for the purposes and consideration therein expressed,
as the act and deed of Specialty Adhesives, Inc. and in the capacity therein stated.
day of
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N`Y
Notary Public in and for the
State of Ta�-r
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FLOOD STATEMENT: According to Community Panel No 48439C0305( doted September
25, 2009 of the Fedetol Emrrprncy.Manogcment Aaencv, Nat.nnal Flood Inwrnncr Program
map this progeny is within Flood Zone 'X', which it not o special flood harard area 11 that :ate n
nor within an identified :penal flood homed area, this flood statement doe not reply that the
property oriater the structures thereon veil br tree from flooding a grid damage On rorr
occosrons. greater floods con and will occur and flood height: may be int-tossed by man -mode ar
noh,rol couwn. This statement %boll not create tiubihty on the pan of the S..•v.yar
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GENERAL NOTE
THE USE OF THt: WORD 'CERTIIYe Oft 'CCRTIFICATr U8EO HEREON CONSTITUTES
AN EXPRESSION OF 1420f CSSIONAL OPINION REGARDING THOSE FACTS Of.
FWD:NGS WHICH ARE THE SUBJECT OF THE CERTIFICATION. AND DOES NOT
CONSTITUTE A WARRANTY OR GUARANTEE. EITHER D(PRESSED OR II PUED
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Notes:
FIELD NOTE DESCRIPTION
BEING o 0 430 acre trod of land s.tuotrd in i it City of Fort Worth, Tarrant County, Trios and being all of LOTS
15, 16 and 17, BLOCK 11 of the RYAN AND PRUITT ADDITION, on oddihon to the City of Fort Worth occording
to iho plot recorded in Volume 204, Pain 34 of the Plot Record: nI Tarrant County, Te=nt IPRTCT) and bemp morn
particularly described as follows:
BEGINNING at on 'X- cut in concrete found for the northeast corner of said Lot 17 and being the southeast corner
of lot 16. Block 11 of sold Ryon and Pruitt Addition and Loving located in Ihu westerly rlght•ol•way line of Bryon
Street to 60 feet wide nghtol•woy);
THENCE along the westerly right-of-way !me of sold Bryon Street DUE SOUTH n dt;ionce of 150.00 feet to 0 5/8
inch iron rod set lot the southeast cornea of .aid Lot 15 and being locate(' in the northery line of a 15 feet wide
alley according to the plot recorded in Volume 204, Pane 34 (PRTCT);
THENCE deporting the westerly .Ight•of-way line al said Bryon Street and following the northerly line of :aid 15 feet
w•de alley DUE WEST o distance 04 125.00 feet to o :': inch iron rod found for the southwest corner of sad lot 15
and being located in the ecstrely line of o 12 fret wide alley according to the plat recorded in Volume 204. Page
34 (PRTCT);
THENCE along the easterly line of said 12 led wide alley DUE NORTH a distance of 150.00 fed to a 5/8 inch
Iron rod found for the northwest corner of said Lot 17 and Iho southwrl corner el said Lal 18;
THENCE deporting the easterly line of said 12 feet wide alloy and following the common line of sold Lots 17 and
18 DUE EAST o distance of 125.00 feet to the POINT OF BEGINNING;
CONTAINING within these metes and bounds 0 430 floe or 18,75C sauore feet of land, more or less, all
according to that survey prepared by A.J. Bedford Group, Inc.
Surveryor`: Certification
I, Austin J. Bedford, a Registered Professional Land Surveyor in the Stale of Texas do hereby certify that on on the
ground survey of the property shown was made under my supervision and that this mop correctly represent. tnc lads
found al the Time of survey and that this suevey conforms to the current M ninium Standard Detail Requirements lo' a
Category 1A, Condition it, toed Title Survey os specified by the latest edd.on of the 'Manual of Procl.ce for Lund
Surveying in Texas', 2006 Revved Eleventh Edition prepared by the Idiot Society of Prole:clonal Land Surveyor:.
Doted: June 23, 2010
Austin J. Bedf •!
Registered Professional Vied Surveyor No. 4132
AJ. Bedford Group, Inc
301 North !Jame Rood
Rockwall, Idea: 75087
Sito Subject to Oil, Gas and Mineral Leave
recorded in cc# D208089322, (DRTCT).
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RYAN AND PRUITT ADDITION
CITY OF FORT WORTH
TARRANT COUNTY. TEXAS
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ALAMO TITLE COMPANY
2900 SOUTH HUI.EN, SUITE 30
FORT WORTH, TEXAS 76109
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Tom Leatherwood, Shelby County Register of Deeds: Instr. # 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:
1. The name of the Corporation is Specialty Adhesives, Inc,
2•
The text of each amendment adopted is:
Article I of the Charter of the Corporation is deleted in
its place the follov, ing Article is hereby adopted
its entirety atid;itj
o ^,
.74
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1. The name of the corporation is Specialty Adhesives & Coating, Inc.
rat
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The Corporation is for profit.
This Amendment requires no implementations of any exchange, reclassification, or
cancellation of issued shares of stock of the Corporation.
The corporate control number assigned by the Tennessee Secretary of State is
0192865.
6. This Amendment was unanimously adopted by the Shareholders and Directors of
the Corporation on the Is' 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
Memphis, Shelby County, Tennessee, this 16`''day of September, 2005.
Specialty Ad� fives, Inc.
By
A
0Z,7)
rick, President
rj
ern
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Tom Leatherwood, Shelby County Register of Deeds: Instr. # 05158351
AID-!`11
11
, 3
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.
Ipplill 05158351
IIIN!IIIIIIIINIIII IIII�I
0 9/ 2 6/ 2 0 0 5 _ 03 r 09 PH
2 ros : X - CRAZTCA ANCADfCfT IA STA%
Lis 367613-515835I
VALUC 0.00
?AORTCAar TAX v.00
T61Wsrrn TAX 0.00
etcoRDi•O rCt 5.00
w ree 3.00
XLGi5TLR'S rtt a. DO
WALK TID1a rtC _ -2.50
non AL AMOUNT _ - -►.50
TOM LEATHERWOOD
RUCISTCR or DCEDS SHLLNT COUNTY rCANCTSCC
160 N. Main St., Suite 519 - Memphis, Tennessee 38103 - (901) 545 4366
http://register.shelby.tn.us