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HomeMy WebLinkAboutContract 33888 i I Y SECRETARY �Cf ITF'tl CT N0. 32bJ� CITY OF FORT WORTH SITE ACCESS AGREEMENT STATE OF TEXAS § COUNTY OF TARRANT § This SITE ACCESS AGREEMENT is entered into by and between the County of Tarrant, Texas, hereinafter called "County", acting herein by and through Tom Vandergriff, its duly authorized County Judge, ("GRANTOR"), and the City of Fort Worth, a home-rule municipality located within Tarrant County, Texas, acting through Libby Watson, its duly authorized Assistant City Manager("GRANTEE"). WHEREAS, the City of Fort Worth operates a number of Air Monitors in Tarrant County for the Texas Commission on Environmental Quality (TCEQ); WHEREAS, TCEQ is looking to expand the existing air monitoring network in Tarrant County; WHEREAS, it is desirable to secure additional location for the Air Monitors located on County property; and NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto agree as follows: 1. The GRANTOR does hereby grant and convey upon GRANTEE access to, across, and upon the following described property of the GRANTOR, for the purposes set out below. 2. The property that is the subject of this access agreement is located at 600 South Sylvania Avenue, Fort Worth, Texas. 3. The purposes for which GRANTEE shall have access to, across, and upon the subject property are: A. The construction, repair, maintenance, and sampling of the air monitors; B. The taking of samples as may be determined by GRANTEE to be necessary; C. The inspection of the air monitors; and D. Other actions deemed necessary by GRANTEE related to the investigation of the air monitors. City of Fort Worth Page I of 3 Site Access Agreement for Air Monitors CRL07.19.06v3 4. GRANTEE shall secure each air monitor at the location with a chain link enclosure. 5. The GRANTOR retains, reserves, and shall continue to enjoy the use of the surface of such property for any and all purposes which do not interfere with or prevent the use of the property by GRANTEE for the purposes herein described. 6. GRANTOR may terminate this Agreement upon one hundred and twenty (120) days written notice to the GRANTEE, with or without cause, and at no penalty or expense to the GRANTOR. 7. The access, rights, and privileges granted herein are exclusive, and the GRANTOR covenants that it will not convey conflicting rights within the area covered by this grant. 8. The access, rights, and privileges herein granted shall commence upon execution of this agreement by both parties ("Date of Commencement') and shall remain in effect until the completion of the assessment activities. 9. GRANTOR shall in no way be responsible for the housing, security, maintenance, or operation of the air monitors. 10. Pursuant to law, GRANTEE shall be responsible for all work-related deaths, injuries or diseases of its agents and employees, and for property damage, personal injury or death caused by City employees or agents, relating to work provided pursuant to this agreement. 11. Any notice required by this agreement shall be sent as follows: If to GRANTEE: T.C. Michael Department of Environmental Management 1000 Throckmorton Fort Worth, Texas 76102 817- 871-5455 If to GRANTOR: Michael Amador Tarrant County Facilities Management 100 West Weatherford, Room 330 Fort Worth, TX 76196 817-884-1091 City of Fort Worth Page 2 of 3 Site Access Agreement for Air Monitors CRL07.19.06v3 12. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged. 13. It is expressly understood and agreed that, in the execution of this agreement, neither of the parties waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this agreement the parties do not intend to create any obligations, expressed or implied, other than those set forth herein and this agreement shall not create any rights in parties not signatories hereto. IN WITNESS WHEREOF, the parties hereto have executed this agreement in triplicate originals in Tarrant County, Texas. GRANTEE GRANTOR CITY OF FORT WORTH COUNTY OF TARRANT, TEXAS By: By- Libby Watson Tom Vandergriff Assistant City Manager County Judge APPROVED FORM Date: Assistant Dis i Actor ey ATTEST: Marty Hendrix City Secretary Ln—m—&L REQUIREDAPPROVED AS TO FORM AND �� LEGALITY: �L A-vn r - kml Christa FULopez Assistant City Attorney City of Fort Worth Page 3 of 3 Site Access Agreement for Air Monitors CRL07.19.06v3