HomeMy WebLinkAboutContract 38735CirY SECRETARY
CONTRACT No, 7
CITY OF FORT WORTH
RIGHT OF ACCESS AGREEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
This RIGHT OF ACCESS AGREEMENT is entered into by and between the Tarrant
Regional Water District, acting through Steve Christian its duly authorized Real
Property Director (the "GRANTEE"), and the City of Fort Worth, a home -rule
municipality located within Tarrant County, Texas, acting through Fernando Costa, its duly
authorized Assistant City Manager ("GRANTOR") for the non-exclusive Right of Access on,
over, under, across, upon and the through that certain tract or parcel of land commonly
known as the City of Fort Worth Police Auto Pound (herein after referred to as the
"Property") owned by GRANTOR.
In consideration of the mutual promises and agreements contained herein, 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 1301 E.
Northside Drive, Fort Worth, Texas and has a legal description and map attached
as exhibit "A".
3. The GRANTEE shall, at GRANTEE'S sole cost and expense, have access to,
acrossI and upon the Property:
1. to conduct surveys of the Property; and
2. to perform subsurface environmental sampling, provided that GRANTEE shall
install temporary monitoring wells on the Property.
4. GRANTEE shall conduct the subsurface environmental sampling in accordance
with federal, state and local laws and regulations.
5. GRANTEE shall provide GRANTOR with appropriate documentation indicating
the completion date of the sampling, geological conditions, certification of proper
completion, any findings regarding the presence or non -presence of
contamination, test results generated as a result of said sampling, and any other
information submitted to the Texas Commission on Environmental Quality, upon
request of the GRANTOR or otherwise, shall be provided to the GRANTOR at
the same time that such information is submitted to Texas Commission on
Environmental Quality.
If environmental sampling confirms contamination of soil or groundwater within
the Property, GRANTEE shall notify the City's Department of Environmental
Management in writing as soon as is reasonably practicable after receiving
confirmation of the contamination. GRANTEE shall cooperate with the
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GRANTOR in mitigating the contamination as necessary. GRANTEE agrees that
in the event contamination is attributable to and resulting from GRANTEE'S
activities, such remediation shall be undertaken at GRANTEE'S sole cost and
expense in accordance with the procedures and standards set forth by the Texas
Commission on Environmental Quality and/or the United States Environmental
Protection Agency.
6. GRANTEE shall remove any and all field derived waste resulting from the
environmental sampling and/or surveys upon production of such waste.
7. 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 GRANTEES for the purposes herein
described. The GRANTEES 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 upon consent that such
considerations or emergency exists.
8. The access, rights, and privileges herein granted shall commence upon
execution of this agreement by all parties ("Date of Commencement") and shall
remain in effect until the completion of the survey activities, but not later than two
(2) years from the Date of Commencement, by which time the surveys should be
complete. If additional time is needed to complete the surveys or sampling, the
parties shall attempt in good faith to negotiate an extension.
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 survey 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 GRANTOR:
CITY OF FORT WORTH
Michael Gange
Assistant Director
Department of Environmental Management
1000 Throckmorton
Fort Worth, Texas 76102
817-392-6569
Ciry of Fort Worth Page 2 of 4
Right of AccessAgree»ie�rt
Auto Pound
Michael.Gange@fortworthgov.org
If to GRANTEE:
Tarrant Regional Water District
Steve Christian Real Property Director 800 E. Northside Drive
Fort Worth, Texas 76102
817-335-2491
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.
IN WITNESS WHEREOF, the parties hereto have executed this agreement in triplicate
originals in Tarrant County, Texas.
GRANTOR
CITY OF FORT WORTH
By: C•..�.....�. C
Fernando Costa
Assistant City Manager
Date: .Zi2 09
ATTEST:
Marty Hend�i c
City Secretary
APPROVED AS TO FORM AND
LEGALITY:
�� 6e
hrista R. eynolds
Assistant City Attorney
City of Fort Worth
Right ofAccess Agr•eenrent
Auto Pound
GRANTEE
TAR RA R AL WATER DISTRICT
By.
Steve Christian
Real Property irector
Date:
WITNESS:
K,I r IL'I t%o,� !—
(print name)
CORPORATE SEAL:
0
F�0 U qii DESCRIPTION AND MAP
Police Vehicle Pound Addition
B1k1Lot 1
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Right ofAccess Agreement
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