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HomeMy WebLinkAboutContract 31387 CITY SECRETARY TRACT NO. �_Sj�f • CITY OF FORT WORTH SITE ACCESS AGREEMENT 1058 EVANS AVENUE STATE OF TEXAS § COUNTY OF TARRANT § This SITE ACCESS AGREEMENT is entered into by and between Near Southeast Community Development Corporation, acting through Shirley Lewis, its duly authorized Executive Director ("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 has expressed an interest in acquiring the property that is the subject of this agreement from Near Southeast Community Development Corporation; and WHEREAS, in anticipation of the sale of said property, the City of Fort Worth wishes to conduct environmental testing in the form of shallow soil sampling and analysis, and site survey and other investigative work associated with the design of public buildings and associated infrastructure; 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, 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 1058 Evans Avenue, Fort Worth, Texas; and has a legal description of Lot 7, Block 3, Evans South Addition, Fort Worth, Tarrant County, Texas. 3. The purposes for which GRANTEE shall have access to, across, and upon the subject property are: A. The taking of such shallow soil samples as may be determined by GRANTEE to be necessary; B. Site survey and other investigative work associated with the design of public buildings and associated infrastructure, including subsurface investigation; and C. Other actions deemed necessary by GRANTEE related to the investigation of the surface or subsurface conditions. City of Fort Worth, Texas Page I of 3 Site Access Agreement for 1058 Evans Ave. 02-2!E-05P :a RCVD �v .e 4. 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. The GRANTEE 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. 5. 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. This agreement shall bind and inure to the benefit of the respective parties, their personal representatives, successors, administrators, heirs, executors, and assigns. 6. 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 soil sampling activities, but not later than August 1, 2005, by which time the investigation should be complete. If additional time is needed to complete the sampling, the parties shall attempt in good faith to negotiate an extension. 7. GRANTEE shall repair, clean up, and restore those portions of GRANTOR's property disturbed by GRANTEE during the sampling activities. Such repairs, clean up, and restoration shall return the property to substantially the same condition it was in before GRANTEE's operations began. 8. 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. 9. GRANTEE shall provide GRANTOR with a copy of any reports made in connection with GRANTEE's activities under this agreement. 10. GRANTOR understands that the results of activities conducted under this agreement are subject to disclosure as public records. 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. In the event GRANTEE defaults in the performance of any of its obligations under this agreement or misrepresents to the GRANTOR a material fact, the GRANTOR shall have a right to terminate this agreement upon giving the GRANTEE written notice describing the breach or omission in reasonable detail. The GRANTEE shall have a ten (10) day period commencing upon the date of notice of default in which to effect a cure. If the GRANTEE fails to effect a cure within the aforesaid ten (10) day period, the GRANTOR may terminate this agreement by written notice to GRANTEE. City of Fort Worth, Texas Page 2 of 3 Site Access Agreement for 1058 Evans Ave. 13. Any notice required by this agreement shall be sent as follows: If to GRANTEE: Kathryn A. Hansen Brownfields Program Manager Department of Environmental Management 1000 Throckmorton Fort Worth, Texas 76102 817-392-8136 If to GRANTOR: Name: Shirley Lewis Title: Executive Director Near Southeast Community Development Corporation Address: 906 E. Leuda, Fort Worth, Texas 76104 Telephone: 817-810-0602 14. 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. GRANTEE / GRANTOR City Of Fort W6 ' - Near Southeast Community Development Corpora io By: By: Libby Watson Shirley Le i Assistant City Manager Executive Director _ Date: 'C Date: - o � ATTEST: WITNESS: kct�" Li ,\ A .- City City Sec tary (print name) CORPORATE SEAL: APPROVED AS TO FORM AND LEGALITY: pk��A, F, ► r-Aa Assi ant City Attorn contrac'c Authorization City of Fort Worth, Texas Date Page 3 of 3 Site Access Agreement for 1058 Evans Ave. 1 1 1