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HomeMy WebLinkAboutContract 38735CirY SECRETARY CONTRACT No, 7 CITY OF FORT WORTH RIGHT OF ACCESS AGREEMENT STATE OF TEXAS § COUNTY OF TARRANT § This RIGHT OF ACCESS AGREEMENT is entered into by and between the Tarrant Regional Water District, acting through Steve Christian its duly authorized Real Property Director (the "GRANTEE"), and the City of Fort Worth, a home -rule municipality located within Tarrant County, Texas, acting through Fernando Costa, its duly authorized Assistant City Manager ("GRANTOR") for the non-exclusive Right of Access on, over, under, across, upon and the through that certain tract or parcel of land commonly known as the City of Fort Worth Police Auto Pound (herein after referred to as the "Property") owned by GRANTOR. In consideration of the mutual promises and agreements contained herein, the parties hereto agree as follows: 1. The GRANTOR does hereby grant and convey upon GRANTEE, its officers, employees, and contractors, 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 1301 E. Northside Drive, Fort Worth, Texas and has a legal description and map attached as exhibit "A". 3. The GRANTEE shall, at GRANTEE'S sole cost and expense, have access to, acrossI and upon the Property: 1. to conduct surveys of the Property; and 2. to perform subsurface environmental sampling, provided that GRANTEE shall install temporary monitoring wells on the Property. 4. GRANTEE shall conduct the subsurface environmental sampling in accordance with federal, state and local laws and regulations. 5. GRANTEE shall provide GRANTOR with appropriate documentation indicating the completion date of the sampling, geological conditions, certification of proper completion, any findings regarding the presence or non -presence of contamination, test results generated as a result of said sampling, and any other information submitted to the Texas Commission on Environmental Quality, upon request of the GRANTOR or otherwise, shall be provided to the GRANTOR at the same time that such information is submitted to Texas Commission on Environmental Quality. If environmental sampling confirms contamination of soil or groundwater within the Property, GRANTEE shall notify the City's Department of Environmental Management in writing as soon as is reasonably practicable after receiving confirmation of the contamination. GRANTEE shall cooperate with the oFFIciAL REooR� � c�rYSEM TARP FMORTHM s GRANTOR in mitigating the contamination as necessary. GRANTEE agrees that in the event contamination is attributable to and resulting from GRANTEE'S activities, such remediation shall be undertaken at GRANTEE'S sole cost and expense in accordance with the procedures and standards set forth by the Texas Commission on Environmental Quality and/or the United States Environmental Protection Agency. 6. GRANTEE shall remove any and all field derived waste resulting from the environmental sampling and/or surveys upon production of such waste. 7. 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 GRANTEES for the purposes herein described. The GRANTEES may restrict access to a part or all of the property if health and/or safety considerations dictate or an emergency exists. The GRANTOR agrees to abide by such restrictions upon consent that such considerations or emergency exists. 8. The access, rights, and privileges herein granted shall commence upon execution of this agreement by all parties ("Date of Commencement") and shall remain in effect until the completion of the survey activities, but not later than two (2) years from the Date of Commencement, by which time the surveys should be complete. If additional time is needed to complete the surveys or sampling, the parties shall attempt in good faith to negotiate an extension. 9. Nothing in this agreement shall in any manner whatsoever affect the City of Fort Worth's statutory access rights or inhibit the exercise of those rights in accordance with statutory authority. 10. GRANTEE shall provide GRANTOR with a copy of any survey report made in connection with GRANTEE'S assessment activities under this agreement upon request. 11. It is mutually agreed and understood that this agreement is made and entered into by GRANTOR and GRANTEE with reference to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas, and of the United States, which govern all matters affecting this agreement. 12. Any notice required by this agreement shall be sent as follows: If to GRANTOR: CITY OF FORT WORTH Michael Gange Assistant Director Department of Environmental Management 1000 Throckmorton Fort Worth, Texas 76102 817-392-6569 Ciry of Fort Worth Page 2 of 4 Right of AccessAgree»ie�rt Auto Pound Michael.Gange@fortworthgov.org If to GRANTEE: Tarrant Regional Water District Steve Christian Real Property Director 800 E. Northside Drive Fort Worth, Texas 76102 817-335-2491 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. IN WITNESS WHEREOF, the parties hereto have executed this agreement in triplicate originals in Tarrant County, Texas. GRANTOR CITY OF FORT WORTH By: C•..�.....�. C Fernando Costa Assistant City Manager Date: .Zi2 09 ATTEST: Marty Hend�i c City Secretary APPROVED AS TO FORM AND LEGALITY: �� 6e hrista R. eynolds Assistant City Attorney City of Fort Worth Right ofAccess Agr•eenrent Auto Pound GRANTEE TAR RA R AL WATER DISTRICT By. Steve Christian Real Property irector Date: WITNESS: K,I r IL'I t%o,� !— (print name) CORPORATE SEAL: 0 F�0 U qii DESCRIPTION AND MAP Police Vehicle Pound Addition B1k1Lot 1 ����`�• gyp. `� � h/, �� ��_� �,�' ice" ::;:.;_;-' '_--_� � , • --.-Y_ / I 1O iCity ofFort Wortla Right ofAccess Agreement Auto Pound Page d of I