HomeMy WebLinkAboutContract 33889 CITY SECRETARY
' l . CONTRACT NO.
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 401 East
8th Street, 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.
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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
12. This instrument contains the entire agreement between the parties relating to the
rights herein granted and the obligations herein assumed. Any oral
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f
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: ��.�u�...�. By:
.�., Libby Watson Tom Vandergriff /
Assistant City Manager County Judge
APPROVED OFO
Date:
Assistfint Drr'"
Attorney
ATTEST:
PAC\66
Marty Hendrix
City Secretary
N" M Z� F tJ I IRIED
APPROVED AS TO FORM AND
LEGALITY:
NA A A- 4--)
UV,,A-V�
C rista R. opez
Assistant City Attorney
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