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Home My WebLink AboutContract 32297 CITY OF FORT WORTH PHASE II ENVIRONMENTAL SITE ASSESSMENT SITE ACCESS AGREEMENT STATE OF TEXAS § COUNTY OF TARRANT § This SITE ACCESS AGREEMENT is entered into by and between Pennsylvania Avenue, L.P., acting through _ Glenn bafdtn its duly authorized kane&f- ("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 Central City Local Government Corporation was created by the City Council to, among other things, assist the City in implementing the project plans of various tax increment reinvestment zones ("TIF") located within the Central City; WHEREAS, the Central City Local Government Corporation has expressed an interest in acquiring the property that is the subject of this agreement, located within a Central City TIF from Pennsylvania Avenue, L.P.; and WHEREAS, a Phase I environmental site assessment was performed on behalf of Pennsylvania Avenue, L.P. on or about January 12, 2004; and WHEREAS, in anticipation of the sale of property, the City of Fort Worth wishes to conduct the Phase 11 environmental site assessment; 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 1150 Alston Street, Fort Worth, Texas; and has a legal description attached as exhibit 'A„ 3. The purposes for which GRANTEE shall have access to, across, and upon the subject property are: A. The taking of such soil and water samples as may be determined by GRANTEE to be necessary; City of Fort Worth Page 1 of 4 Phase 11 Environmental Site Access Agreement for Magnolia Green CRL08.25.05v1 n��r\ it �Vjuy'1;c i� ��61e B. The drilling of holes and the construction, repair, maintenance, and sampling of monitor wells; C. The inspection of all structures; and D. Other actions deemed necessary by GRANTEE related to the investigation of the surface or subsurface conditions. 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 ("Date of Commencement") and shall remain in effect until the completion of the assessment activities, but not later than ninety (90) days from the Date of Commencement, 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 five (5) days of the Commencement Date, GRANTEE shall begin the assessment activities and shall deliver to GRANTOR written notice by email of such date on which the assessment activities shall begin. 8. Within ten (10) days of the completion of the assessment activities, GRANTEE shall notify GRANTOR of such in writing. If the GRANTOR does not wish to assume possession and responsibility for the monitor wells, if any, after the completion of the assessment, the GRANTOR shall have ten (10) days from the date of receiving such notice to notify the GRANTEE of that fact in writing. The GRANTEE shall, within one hundred eighty days (180) days after receiving such notice, abandon any wells that remain on the property. Abandonment of the wells shall be done in accordance with the laws of the State of Texas. The right of access granted by this agreement shall extend for the period of time necessary to complete abandonment. Additionally, 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. City of Fort Worth Page 2 of 4 Phase]]Environmental Site Access Agreement for Magnolia Green CRL08.15.05v1 ,)r �"},,�� L buo ,1L Jl 'IG°?5'1 i iirk ii�''G) 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 Phase II environmental site assessment 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 GRANTEE: Michael Gange Assistant Director Department of Environmental Management 1000 Throckmorton Fort Worth, Texas 76102 817-392-6569 Michael.Gange@fortworthgov.org If to GRANTOR: Oleta Thompson Red Oak Realty Address: _ l0® Gas, I557+1 SA-. ,5cAi{e qoo R.tyorf9,� 7X 7bt02- 817-336-4007 othompson@rorealty.com 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. HE lr,a '1a ',o�1 o Fort Worth Cliff �1 4 Ci Phase H Environmental Site Access Agreement . for Magnolia Green � ��I,,uuU9 CRL08.25.05v1 Signature Page for Site Access Agreement with Pennsylvania Avenue, L.P. IN WITNESS WHEREOF, the parties hereto have executed this agreement in triplicate originals in Tarrant County, Texas. GRANTEE GRANTOR CITY OF F—RT WORTH PENNSYLVANIA AVENUE, L.P. By: Pennsylvania Management, LLC, Its By: Gener 1 Partner Lt6by Watson Assistant City Manager By: MA "44L- (print name) Date: ATTEST: Date: AO&A WITNESS: 41� $ Marty Hendri City Secretary OLG4 .80Croo . CDAr y (print name) 1V0 M&C REQUIRED APPROVED AS TO FORM AND LEGALITY: CORPORATE SEAL: Christa R. Lopez Assistant City Attorney City of Fort Worth Pa e 4 0 4 Phase HEnvironmental Site Access Agreement for Magnolia Green CRL08.15.05vl CIT ��L°!i� !i;Uil,! RinVIK r� w. BOUNDARY DESCRIPTION FOR 44,470 SQUARE FEET OF LAND A PORTION OF LOT 2R, BLOCK 1 OF MAGNOLIA GREEN FORT WORTH,TARRANT COUNTY, TEXAS. Tract to be known as Lot 5, Block 1, Magnolia Green BEING a 44,470 square feet tract of land a portion of Lot 2R, Block 1 of Magnolia Green an Addition to the City of Fort Worth as recorded in Cabinet"A", Slide 9335 of the Plat Records of Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a point in the west line of said Lot 2R said point of beginning being North 00°31'48"West a distance of 268.16 feet from a found "T" cut in concrete with an aluminum plug, at the intersection of the existing north right-of- way line of West Magnolia Avenue and the existing east right-of=way line of Alston Avenue; THENCE, North 00°31'48" West, along the existing east right-of-way line of Alston Avenue, a distance of 299.99 feet to a point for a corner, being the southwest corner of Lot 4, Block 1 Magnolia Green as shown by said plat; THENCE, North 891128'12" East, a distance of 239.03 feet to a point for a corner; South 001131'48" East, a distance of 17.14 feet to a point for a corner; South 89028'12"West, a distance of 96.29 feet to a point for a corner; South 00031'48" East, a distance of 282.84 feet, to a point for a comer,- South orner;South 89028'12"West, a distance of 142.74 feet, to the Point of Beginning and containing 44,470 square feet of land; J.B. Davies, Inc. Fort Worth, Texas Jule 14, 2005 - J v l PAGE 1 �X