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HomeMy WebLinkAboutContract 26182 SEP-01-00 FRI 14; 10 BOURLAND, WALL, WENZEL FAX N0, 817 810 0403 P. 02 l�u<�-25^00 14:06 GIDEON TOAL t31,i� ir33�y � 0.1 -vo .r o. rrwy ., ram an.. nun& Leri CITY SECRETARY CONTRACT No. r CITY OF FORT WORTI 1 BROWNFIELDS ECONOMIC RFI)FVELOPMENn"PROGRAM PHASE If ENVIRONMENTAL SITE ASSESSMENT PR0.IECT Sl I E A('('FSS AGRF—FMF-NT STATE OF TEXAS § COUNTY OF TARRANT � This SfTE ACCC3S AGREEMENT is entered into by and between Hammons P ucts Company of Stockton, Missouri, ttutirry through its cluly authorized president ("GRANTOR'). and the City of Fort Worth. a home-rule municipality located within i arrant raunty, Texas, acting through Charles Boswell, ita duty autliodzed assistant City manager (-GRAN rEE-). WHEREAS, the frm of Gideon and Toal has expressed an interest in purrhaclnct the property the subject of this agreement from Hammons Products Company; and WHEREAS, a Pha3e I environmental site asseasriici it pwfurmed on behalf of tiicip-nn aryl Toal in anfinpiation of such purchnan recommended that subsurface investigation be conducted;and WHERFAS. Gideon and Toal have requested that the City of Fort Worth conduct rtre Phase it environmental site assAacmant thrmigh its Srownfiolds Economio Redevelopment Pmgram; NOW. THEREFORE, in consideration of the mutual promises and agreements contained hefeiri, and ether good and valuahl,- rnnsidem ion, the receipt and adequacy of which are hereby aclvivwledged, the parties hereto agroe. as follows: 1. The GRANTOR does bef-:by grant and convey upon GRANTEE, its officers, employees, and contractors, access to, across, and upon the following described proparty of the GRANTOR, for the purposes get out below. 2. 1 he pmpArty that is ihQ subject of this access agrccment is known .as the Ellis Pecan Company and all SGS appurtenances, which is located at 11012 North Main Street, Fort Worth,Texas:and which has a legal description of City of Fort WOrtti Brownfields Economic Recievalnpmvnt Pmgram Phase II Environmental Site Assessment Piuiect Site Access AgrpPmPnt Page 1 VPPEORD CQ '' R'IczMQy SEP-01-00 FRI 14; 17 BOURLAND, WALL, WENZEL FAX N0, 817 810 0403 P, 03 nug,�2s vu 14:0/ GIDEON Tont 817.3:4?:{3J9 P.04 ... .-. as rR%jn,l row zrov nt.nl utr'1 1U•tl17971y359 Cor$ J/Fi Blork 44. Lots 4, 5, 6, 7, 8, g, 16, 17, 18. 19, 20,ano 21 of the North Fort Worth Addition, Fort Worth.Tm ac 3. The purposes for which GRANTEC shafl have acceSS 10. across, and upon the sumect nrnrierty are: A The taking of such soil, water, and alr samples as may be determinAd by G11ANTEE to be necessary; 8. Tho drilling of holes and the uurnstruction, repair, maintpnancR, and samp)ino of monitor wolle;and C. Other Actions deemed necessary by GRANTFF related to the investigation of the surface or subsurface wnditlons. 4. The GRVINTOR ietoirr5, reserves. and shall mntinua to enjoy tho Use of the turfaee of such property for any acid all purtloses wrnch do not interfere with or prevent the use of the property by GRANTEE for rhe purposes herein described. The GRANTFE may restrict access to a part or all of the property if health and/or safety considerations diCfata or an ernargan y exists. The GRANTOR agrees to abide by sucli restrictions_ 5. The ecx e3s, rights, acid privileges granted herein are exclusive, and the GRANTOR oovenont3 that he wal not wnvvy confllctmg NM within the area covered by this grant. This agreement shall bind and inure to the bcneiit of lite respective parties. their porsonal ropresentetives, succe&Dorn, administrators,heirs,exec;utors, and assigns. 6. The aciess, rights, and privileges herein granted shall commence upon execution of this agreement by Wth parties and shall remain in effect until the nnmplction of the aseessment ectivities, but not later than BY"V-�'ker 3 by which time thA assessment should be complete. If additional time is needed to wmpleta the assessment_ the. parties shall attempt in good faith to negotiate an extension. 7. Within 10 days of the completion of the assessment activities, GRANTEE shalt notify GRANTOR of such In writing. It the GRANTOR rine_s not wish to assume possession and responsibility for the monitor wells, If any, after the comoletion of Tho aCcp wrent. the GRANTOR shell have ten days from the date of rec;eiviiiy such notice to notary the GRANTEE of that fact in writing. The GRANTEE shall, within 180 days after receiving such n0ce, abandon any wells that remain on the property. Abandonment of the wolfs shall be done iii accArdanee with the law% of the -State of Toxas. The right of access granted by this agreement shall extend for the penod City of Fort Worth Drownfields Economic Redevelopment Program Phase II Environmantal Site Assessment rlroject Site Access Aareement Page 2 �lsi Q CNN MCU 1 °Qy R. CHIN, M. SEP-01-00 FRI 1417 60URLAND, WALL, WENZEL FAX N0, 817 810 0403 P,_04 AucL725�-PQ 14:07�RnTOEON TOAI." ' 01733I.— LLJIWI ^3329 f�_Ub of time noceecary to complete al,aiisjunment. Additionally, GRANTEE shall repair, clean up, and rectorc all other poitivns of GRAN[OR's property distuibwJ by GRAN I Et during the assessment activities. Such repairs, cloan up, and restoiatiuil shag rmum the prnpArty to aubetantielly me same condition it was in bofore O ANTEE's operations began. 8 Nothing in thiq agreement shall in any manner whatsoever affect tho City of FOR Worth'.e stAtutory accts.- rirghte or inhibit Uic exerclse of MoSe rights in ac;widance with statutory%nnhority. 9. GkAN i EE shall provide GRANTOR with a wvy of any Phm.te Ii envkonmentaf site assessment report made in mnnection with GRANTFC_'s assessment activities udder this agrPement. 10. GRANTOR undemIA xis that tho Pha6e 11 environmental site a�eutnHnl will be cvi iducted under the provisions of the City of Fort Worth's BrowefiClds Economic Redeveluufnent Program as funded by the United States Environmental Protection Agency. and that all docum¢mc yerierate4 8S a result nt tho assessment activities shall be public recuid. GRANTOR further understands that GRANTEE is ohligated candor the program to publicize its assessment, remediation. ana redpwp.lopma_nt activities_ 11. It is mutually agreed and understood that this agreement is made and entered into by GR ANTOP and CRANTEE with refeicrisys to the exiSting Chailcr and Ordinances of the City of Fort Worth and the laws of the State of Texas, and of the Unites! Slates,which govern all matttrs affecting this agraornAnt.. 12. in the event GRANTEE oefaufts in the performance of any of its obligations under this agreement or misrepresents to the GRANTOR a material fart,the GRANTOR shall have a right to terminal, this avreement upon giving the GRANTEE written notico describing the breach or ornissiun in reasonable detail. The GRANTEE shall hnvo a ten (10) day period mmrnpncing upon the date of notice of default in whidl to effect a cure. If the GRAN(EE fails to ?(feet a cure within the aforesaid ten (10) day period, the GRANTOR may terminate this agrAPmPrit by written notice to(;RANTEE. 13. Any notice required by tfiis i4yf@wrrient shall be sent as follows: City of Fort Worth Brownflefas Economic Rodevelopment Program Pha%,K 11 Environmental Site Assessment Project Site As;eess Agreement Paye 3 L;At!' ] 15 btr-u l-uu f K 1 14: 16 UOUKLAND, WALL, WENZEL FAX NO. 817 810 0403 P. 0 Aub X25-00 14 :08 QIUEON 10AL 8173323327 P 06 v i... .... — . ..v.. — r G- v y1'11 uGr• •-/ Oa re) ae :+. '..Lr -..'U If to GRANTEE: Kathryn A. Hansen Brownfialds Program Manager 0%}pwtnlent of tnvirnnmental Management 1000 Throcknvorton Fort Worth, Texac 7s102 817-871-8136 It to GRAN I OR: Title: Title: r> In Phone: 14. Thls instrument contains,the entire agreement between the parties relating to the rights hemiti yranMd arxi the obfigatir>ns herein assumed. Any ArAl representationo or modifications etmuxrnino this instrument shall ho of no force and effect excepting a cubocquent modif"bor r [it wr itirtg. signed by the party to be charged. IN WITNESS WHEREOF% thA pgrties hereto have cxccuted this agreement in triplio©to originals in Tarrant County, I$XaS. GRANTEE GRANTOR CITY O FORT WORTH HAMMONS PRODIJt;T COMPANY By. G� By; — �'t.�.-..,.z Charles Boswell President AsSlstanf(,pity Manager Data: Ott Date: A WITNESS: Gloria a- .Ctiy Secretary (pri t 3me� Clry of rort worth Drowntielas Ewriomic Redeveinpmant Program PttaSe If Environmental Site&,messment Project Site Access Agreement Page 4 �6 0 r/-- ►-c-a(k 1 ►e cry Contract Authorization Date _ ` 0 1TJ�'Q4ijP lid Val SEP-01-00 FRI 14: 18 BOURLAND, WALL, WENZEL FAX N0, 817 810 0403 P. 00 A- -2—rZ-00 14:08 ^GI�EON I VALE, . Al 73323325? .. .1 1.1 .. . -... .. ✓.- 'O. ... .- rP+ve bin AF'VROVED AS TO FORM AND CORPORATE SEAL: LEGauTY� : : : : : : . M ��► ASST fit City Attomey 70 C) . . m Z City of Fvrt Worth Browrftlds Fr nnnmic Redevelopment Program Phase ti Environmental Site Assessment Project Site Access Agrearrnent page 5 ��u �