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HomeMy WebLinkAboutContract 30460 (2) C--t-JETAR'r i- NO. CITY OF FORT WORTH PHASE I ENVIRONMENTAL SITE ASSESSMENT AND SAMPLING AND ANALYSIS OF SURFACE SOIL SITE ACCESS AGREEMENT 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 Charles Boswell, 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 property, the City of Fort Worth wishes to conduct a Phase I environmental site assessment and surface soil sampling and analysis; 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. Visual site inspection and the taking of measurements and photographs; B. The taking of such soil samples as may be determined by GRANTEE to be necessary; and C. Other actions deemed necessary by GRANTEE related to the investigation of the surface or subsurface conditions. City of Fort Worth Brownftelds Economic Redevelopment Program Phase I Environmental Site Assessment Project Site Access Agreement for 1058 Evans Ave. y'r CRP08.11.04v1 S u � 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 assessment activities, but not later than October 15, 2004, by which time the assessment should be complete. If additional time is needed to complete the assessment, the parties shall attempt in good faith to negotiate an extension. 7. Within ten (10) days of the completion of the assessment activities, GRANTEE shall notify GRANTOR of such in writing. GRANTEE shall repair, clean up, and restore all other portions of GRANTOR's property disturbed by GRANTEE during the assessment 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 Phase I environmental site assessment report and the surface soil analysis made in connection with GRANTEE's assessment activities under this agreement. 10. GRANTOR understands that the Phase I environmental site assessment will be conducted under the provisions of the City of Fort Worth's Brownfields Economic Redevelopment Program as funded by the United States Environmental Protection Agency, and that all documents generated as a result of the assessment activities shall be public record. GRANTOR further understands that GRANTEE is obligated under the program to publicize its assessment, remediation, and redevelopment activities. 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. City of Fort Worth Brownfields Economic Redevelopment Program Page 2 of 4 Phase I Environmental Site Assessment Project Site Access Agreement for 1058 Evans Ave. CRP08.11.04v1 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. 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 WORTH NEAR SOUTHEAST COMMUNITY DEV P ENT CORPORATION-) By: By: �-C�harles Rosw64 2,151 y C(OX13/11 Shirley Le i Assistant City Manager Executive Ojector Date: D7 Date: �d City of Fort Worth Brownfteids Economic Redevelopment Program Page 3 of4 Phase I Environmental Site Assessment Project Site Access Agreement for 1058 Evans Ave. CRP08.11.04v1 r ATTEST: WITNESS: 1 4-m e rov\ City S retary (print name) APPROVED AS TO FORM AND CORPORATE SEAL: LEGALITY: C�VAA Assi tant City Attorn y Akffh� A lmdo( Authoriaatioa Date City offort Worth Brownfields Economic Redevelopment Program Page 4 of 4 Phase I Environmental Site Assessment Project Site Access Agreement for 1058 Evans Ave. CRP08.11.04v1