Loading...
HomeMy WebLinkAboutContract 34770STATE OF TEXAS COUNTY OF TARRANT CITY OF FORT WORTH SITE ACCESS AGREEMENT . ���1 RACR �10 ��t'� l� 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: 2 3 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: � 0 C 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�-- - , :, =, 2 2 � � 5 i-;, „J ��; �:f'!'r� J��:� 1 5�V`���' _� f � �. � �_,:� � 1 r' �, 1 ���'�1 `��'������su��:��1�,�� � � `�`�:^'`.�%�!��� ��;; � ��� .: �✓ . � 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 1�.'r r J ! �.1 � . �: �� ! ` `' �-� �1 '� �.1 ?i' ��Ifl r47;', '.i'U �V J� �i/ r�; � �� �1L'� �^d 1 �� ''`'.';� ;`. �'�' � �''$ i'� � �r ' " - z , 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: Da1 ATTEST: ATTES � Marty Hendrix Sti.san R�v►� City Secretary City Secretary APPROVED AS TO FORM AND LEGALITY: �Z � Christa . opez Assistant City Attorney �� �I��l� Car.i�rac� Authora.z��.io�a DaLe - — - --- City ofFort lVorth Srte Access Agreement for Air• Morritor•s APPROVED AS TO FORM ANp LEGALITY: �., City Attorney Page 3 of 3 '�„ I' I n r. Gi;;' f'�11 ;� �'� 1'�' � � _ :.: '�: s'`� `�:;'' :ti ' v�, y� u�;`-� �r;'{F , �,'"," � � u �� � .:1� _ �� `-` :,. �S� ,fr;;� f �����,��,.'1' c�I , . " C% !�' 4 i: � u��_- 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