HomeMy WebLinkAboutContract 39220CITY OF FORT WORTH
SITE ACCESS AGREEMENT
STATE OF TEXAS §
COUNTIES OF TARRANT §
DENTON AND WISE §
This SITE ACCESS AGREEMENT is entered into by and between Mercantile
Partners, L.P., a Texas limited partnership, acting herein by and through Brian
Randolph, its duly authorized Vice President, ("GRANTOR"), and the City of Fort
Worth, a home -rule municipality located within Tarrant, Denton and Wise Counties,
Texas, acting through Fernando Costa, its duly authorized assistant city manager
("GRANTEE").
WHEREAS, the City of Fort Worth operates a wastewater treatment program;
WHEREAS, the City, through its authorized agent, wishes to determine the
effectiveness of adding ferrous sulfate to eliminate or greatly reduce the effects
of hydrogen sulfide odorous or corrosive off -gassing within a specified location
near the place the City's wastewater collection system enters into the Haltom
City wastewater collection system;
WHEREAS, the City has identified GRANTOR's property to be ideal for the
placement of a tank to facilitate such testing and evaluation;
WHEREAS, the GRANTOR is amenable, subjects to the terms herein, to allow
the use of GRANTOR's property for a limited time for such limited purpose; and
NOW, THEREFORE, in consideration of the mutual- promises and agreements
contained herein, and consideration of ten dollars ($10.00), 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, its
agents and employees, 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 south
of Paint Horse Trail, Fort Worth, Texas, as shown in Exhibit A.
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City of Fort Worth q IVater
.C:I Page 1 of
Site Access Agreement dd sGCB� w• ;i 1
I'R09. Testing Tank FT. WORTH TX CR09.28.09i�3frnal d� ,
3. A. GRANTEE and GRAIN TEr. 's employees and agents shall have
access to, across, and upon the subject property are to install a
polyolefin tan capable of receiving and storing ferrous iron, with a
capacity range of 6,000 to 10,000 gallons.
B. GRANTEE will perform on -site, bi-weekly testing to determine the
effectiveness of adding ferrous sulfate to eliminate the effects of
hydrogen sulfide odorous off -gassing.
C. GRANTEE may perform other actions deemed necessary and
related to the evaluation and test.
D. GRANTEE shall restore the property to the original or better
condition upon the conclusion of the test and evaluation.
4. GRANTOR shall maintain the fence surrounding the property and shall
provide GRANTEE a key to the fence during the term of this Agreement.
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 forty-five (45) 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 wn the
area covered by this Agreement.
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 December 31, 2009.
9. GRANTOR shall in no way be responsible for the security, maintenance,
or operation of the tank.
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.
City of Fort GVor'lh Page 2 of 4
Site Access Agreement
Gi�aler Testing Tarzk
CR09.28.090fmal
To the extent permitted by law, and without setting aside sums in
trust to pay same, the City of Fort Worth shall hold Mercantile
Partners, L.P. harmless for all claims arising from the use of the
property as stated above.
GRANTOR acknowledges that the City of Fort Worth is a self -funded
entity and as such, does not maintain a commercial liability
insurance policy to cover premises liability. Damages for which the
City of Fort Worth would ultimately be found liable would be paid
directly by the City and not a commercial insurance company.
11. Any notice required by this agreement shall be sent as follows:
If to GRANTEE
Frank Crumb, Director
Department of Water
1000 Throckmorton
Fort Worth, Texas 76102
817- 871-5455
If to GRANTOR:
Brian Randolph
Mercantile Partners, L.P.
2650 Meacham Boulevard
Fort Worth, Texas 76137
(817) 831-2121
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.
City of Fort YVorth Page 3 of 4
SHe Access Agreement
6Eater Testing Tank
T09.28.090final
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
triplicate originals in Tarrant County Texas.
GRANTEE
CITY OF FORT WORTH
Fernando Costa
Assistant City Manager
Date: 9�.28� 9
0
art�i Hendrix
City Secretary
APPROVED AS TO FORM AND
LEGALITY:
24 -
Christa . Reynolds
Assistant City Attorney
Ciq� of Fort Y�'orlb
Site Access Agreement
FVater Testr�7g Tank
CR09. Z8. 090fina(
GRANTOR
MERCANTILE PARTNERS, L.P.
A Texas limited partnership
By: Mercantile Corporation of Fort Worth,
aT
By
Bri
Vice President
WITNESS
�FF1C/q,� RECORC i
Y SECRETARY
_ FORTH, TX
EXHIBIT A
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