HomeMy WebLinkAboutContract 34770STATE OF TEXAS
COUNTY OF TARRANT
CITY OF FORT WORTH
SITE ACCESS AGREEMENT
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This SITE ACCESS AGREEMENT is entered into by and between the City of Euless,
Texas, hereinafter called "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 operates a number of Air Monitors in Tarrant County
for the Texas Commission on Environmental Quality (TCEQ);
WHEREAS, TCEQ is looking to expand the existing air monitoring network in Tarrant
County;
WHEREAS, it is desirable to secure an additional location for the Air Monitors located in
the City of Euless; and
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:
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The GRANTOR does hereby grant and convey upon GRANTEE access to,
across, and upon the following described property of the GRANTOR, for the
purposes set out below.
The property that is the subject of this access agreement is located at 201 North
Ector, Euless, Texas.
The purposes for which GRANTEE shall have access to, across, and upon the
subject property are:
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The construction, repair, maintenance, and sampling of the air monitors;
The taking of samples as may be determined by GRANTEE to be
necessary;
The inspection of the air monitors; and
D. Other actions deemed necessary by
investigation of the air monitors.
GRANTEE _re��d _t�--: th�-- -
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Cit�� ofFort Worth Pnge / of3
Srte Access Agreenient
for Air Monitors
4. GRANTEE shall secure each air monitor at the location within a rock wall (2.5
feet high) on two sides and chain link enclosure of an approximate size of 15'
(feet) by 6' (feet), exact location requires approval of GRANTOR.
5. GRANTEE shall be responsible for all costs associated with the construction
operation and maintenance of all equipment, rock wall and fencing installed by
GRANTEE. Construction subject to all codes and required permitting by
GRANTEE.
6. 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.
7. GRANTOR may terminate this Agreement upon one hundred and twenty (120)
days written notice to the GRANTEE, with or without cause, and at no penalty or
expense to the GRANTOR.
8. 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.
9. 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.
10. GRANTOR shall in no way be responsible for the housing, security,
maintenance, or operation of the air monitors.
11. Pursuant to law, GRANTEE shall be responsible for all work-related deaths,
injuries or diseases of its agents and employees, and for property damage,
personal injury or death caused by City employees or agents, relating to work
provided pursuant to this agreement.
12. Any notice required by this agreement shall be sent as follows:
If to GRANTEE:
T.C. Michael
Department of Environmental Management
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
817- 392-5455
If to GRANTOR:
Office of the City Manager
City of Euless
201 North Ector
Euless, Texas 76039
cir�� o}'Fo,•r tiYo,�rh
Site Access Agreement
for Air Monito�'s
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Page 2 of 3
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 ta
be charged.
14. It is expressly understood and agreed that, in the execution of this agreement,
neither of the parties waives, nor shall be deemed hereby to waive, any immunity
or defense that would otherwise be availabls to it against claims arising in the
exercise of governmental powers and functions. By entering into this agreement
the parties do not intend to create any obligations, expressed or implied, other
than tho$e set forth herein and this agreement shall nof create any rights in
parties not signatories hereto.
IN WITNESS WHEREOF, the parties hereto have executed this agreement in duplicate
originals in Tarrant County, Texas.
GRANTEE
CITY O ORT WORTH
By:
ibby Wat n
Assistant City Manager
Date: �' i� • D�
GRANT(�R
Cll
By:
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ATTEST: ATTES �
Marty Hendrix Sti.san R�v►�
City Secretary City Secretary
APPROVED AS TO FORM AND
LEGALITY:
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Christa . opez
Assistant City Attorney
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Car.i�rac� Authora.z��.io�a
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City ofFort lVorth
Srte Access Agreement
for Air• Morritor•s
APPROVED AS TO FORM ANp
LEGALITY:
�.,
City Attorney
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 11/28/2006
DATE: Tuesday, November 28, 2006
LOG NAME: 52AIREULESS
Page 1 of 1
REFERENCE NO.: **C-21862
SUBJECT:
Authorize Execution of an Interlocal Agreement with Euless for an Air Monitor Location
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager execute an interlocal agreement with
the City of Euless to install and operate an air monitor within the boundaries of Euless.
DISCUSSION:
In 2003 a new air monitoring network was launched through the Texas Commission on Environmental
Quality (TCEQ). The TCEQ has contracted with the City since the inception of the program for operation
and maintenance of the monitoring equipment.
On June 20, 2006, City Council approved an interlocal agreement (M&C C-21525) with the Texas
Commission on Environmental Quality for the operation of this air monitoring program for FY 2006-07. In
order to comply with the FY 2006-07 program work plan, the City is required to locate and install additional
monitoring sites with the approval of the TCEQ.
A site within Euless has been identified and agreed upon by Euless City management and the TCEQ.
Funds for the cost of the installation will be paid directly by the TCEQ.
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that approval of the above recommendations will have no material
effect on City funds
TO Fund/Account/Centers
Submitted for City Manager's Office b�
Originating Department Head:
Additional Information Contact:
FROM Fund/AccountlCenters
Libby Watson (6183)
Brian Boerner (6647)
Michael Gange (6569)
http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 2/5/2007