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ENVIRONMENTAL ACCESS AGREEMENT
THIS Agreement, is made by and between the City of Fort Worth, a home-rule
municipality located within Tarrant County, Texas, ("LICENSOR") acting through
Fernando Costa, its authorized Assistant City Manager AND Texas National Guard
("LICENSEE"), acting herein by and through David N. Boucher, its duly authorized
Environmental Program Manager.
NOW THEREFORE, in consideration of the mutual covenants contained herein,
the parties agree to the following:
GENERAL
1. Licensor hereby grants Licensee a non-exclusive license, subject to all rights,
interests, and estates of third parties, and upon the terms and conditions set forth
below, to use the area of Licensor's property situated at the 1200 Abelia Drive in
Fort Worth, Tarrant county, Texas, more fully described as Lake Worth Leases
Addition, Block 32 Lot 21 (legal description), ("Premises") for the purposes
specified in Section 3 below.
2. Licensor shall disclose to Licensee, prior to Licensee entering upon the Premises
whether the Premises is subject to existing leases, licenses, easements, or liens.
Licensee shall not disturb any improvements of Licensor or Licensor's existing
lessees, licensees, easement beneficiaries or lien holders or interfere with the
use of such improvements.
3. Licensee shall use Premises exclusively as a site for performing environmental
explorations and remediation to include one of, or a combination of, the following
categories of work:
(a) Soil removal to be conducted along the ditch, on the south property boundary
and on the west right-of-way of Shoreview Drive adjacent to the Texas National
Guard property.
(b) The removal actions will be conducted using hand tools to the extent
possible. The removal along Shoreview Drive may require some mechanical
equipment.
{c} All removed soils will be drummed and moved to Texas National Guard
property for storage prior to disposal.
(d) Field instrumentation will be used to screen soils for contaminant levels
during excavation and confirmation samples will be collected for analysis.
(e) If confirmation samples remain above the target concentration after removal
an additional round of removal may be necessary.
4. Any contractors or subcontractors performing work on the Premises, or entering
the Premises on behalf of Licensee, shall be deemed agents of Licensee for
purposes of this License.
TERM
5. This License shall commence upon the last date of signature below and shall
continue until the removal project has been completed and i
OFFICIAL. RECORD
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FT.VVORTH,TX
11. Licensee shall comply with all applicable federal, state and local laws and
regulations in its use of the Premises, including, but not limited to, the Resource
Conservation and Recovery Act, as amended (RCRA), the Clean Water Act, the
Oil Pollution Act, the Hazardous Materials Transportation Act, CERCLA.
ALTERATIONS
12. Licensee shall not make any alterations of the Premises or permanently affix
anything to the Premises or any buildings or other structures adjacent to the
Premises without Licensor's prior written consent.
"rERMINATION
13. (a) This License may be terminated by either party by upon ten (10) days
written notice of termination upon the other party. Upon expiration of the
time specified in such notice, this License and all rights of Licensee shall
absolutely cease.
(b) Upon termination, should Licensee have installed its monitoring well(s) on
the Premises, once Licensee's well(s) are retired, Licensee shall provide
Licensor a copy of the closure documents.
NOTICES
14. Any notice to be given by either party shall be deemed to be properly served if
deposited with the United States Postal Service, or other acceptable mailing
service, postage prepaid, addressed to either party, at the addresses and
department shown beneath signature of the parties.
SURVIVAL
15. Neither termination nor expiration will release either party from any liability or
obligation under this License resulting from any acts, omissions or events
happening prior to the date of termination or expiration.
RECORDATION
15. It is understood and agreed that this License shall not be filed with the County
Clerk for Tarrant County, Texas, for recording.
APPLICABLE LAND
17. All questions concerning the interpretation or application of provisions of this
License shall be decided according to the laws of the State of Texas.
SEVERABILITY
18. To the maximum extent possible, each provision of this License shall be
interpreted in such manner as to be effective and valid under applicable law, but
if any provision of this License shall be prohibited by, or held to be invalid under,
applicable law, such provision shall be ineffective solely to the extent of such
Environmental Access Agreement
Texas National guard 3 of 5
SIGNATURE PAGE
ENVIRONMENTAL ACCESS AGREEMENT
City of Fort Worth: Texas National Guard:
Fernando Costa Da id Boucher
Assistant City Manager Environmental Program Manager
RECOMMENDED:
Michael LDirecto WV ness
Assistan I PW
APPROVED AS TO FORM AND
LEGALITY:
(-
Arthur N. Bashor
Assistant City Attorney
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FOFFTIICIAL RECORD
CITY SECRETARY
FT,WORTH,TX
Environmental Access Agreement
Texas National guard
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