HomeMy WebLinkAboutContract 34378 CITY SECRETARY /��
CONTRACT NO. aaq
CITY OF FORT WORTH
SITE ACCESS AGREEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
This SITE ACCESS AGREEMENT is entered into by and between the City of North
Richland Hills, Texas, hereinafter called "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 an additional location for the Air Monitors located in
the City of North Richland Hills; 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 4001 Rufe
Snow Drive (Fire Station No.2), North Richland Hills, 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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City of Fort Worth
Site Access Agreement
for Air Monitors
4. GRANTEE shall secure each air monitor at the location within a chain link
enclosure of an approximate size of 8' (feet) by 8" (feet), exact location requires
approval of GRANTOR.
5. GRANTEE shall be responsible for all costs associated with the construction
operation and maintenance of all equipment and fencing installed by GRANTEE.
Construction subject to all codes and required permitting by GRANTEE.
6. 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.
7. 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.
8. 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.
9. The access, rights, and privileges herein granted shall commence upon
execution of this agreement by both parties and shall remain in effect until the
completion of the assessment activities.
10. GRANTOR shall in no way be responsible for the housing, security,
maintenance, or operation of the air monitors.
11. 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.
12. Any notice required by this agreement shall be sent as follows:
If to GRANTEE:
T.C. Michael
Department of Environmental Management
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
817- 392-5455
If to GRANTOR:
Office of the City Manager
City of North Richland Hills
7301 NE Loop 820 �1111 ,
North Richland Hills, Texas 76180
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Cih,of Fort Worth Pa e�2 of�3 �
Site Access Agreement
for Air Monitors
13. 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.
14. 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 duplicate
originals in Tarrant County, Texas.
GRANTEE GRANTOR
CITY OF FORT WORTH CITY OF NORTH RICHLAND HILLS
By:
Libby Watson Larry J.ringham
Assistant City Manager City Ma
Date: Date:
ATTEST: TTEST��`a��,�I'A h��
Marty Hendri Patricia Kbtson :—
City Secretary City Sec Iry
APPROVED AS TO FORM AND APPROVE D-A TZC /I AND
LEGALITY: LEGALITY:
hrista . Lopez George Staples
Assistant City Attorney City Attorney
N R H Council Action /N
Date Approved ._
Agenda No.
/Res No. U`. a�i VEIL
City of Fort Worth Page 3 of 3
Site Access Agreement
for Air Monitors