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HomeMy WebLinkAboutContract 43539 (2)(cJ ��` SECRETARY raM� . TRACT (9Od „ 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 is---appJ urea --a-ncF- Y-- 08-28-12 PO4:30 IN MTV C�3I 1 of 5 Pi (��rtfl 1' t o 1111 r� i�, �, 1A 9 0 closed to further action by the Texas commission on Environmental Quality, not to exceed ninety days, however, and subject to early termination as hereinafter described. COMPLIANCE WITH LAWS 6. Licensee shall observe and comply with any and all laws, statutes, regulations, ordinances, orders, covenants or restrictions relating to the use of the Premises. USE of PREMISES 7. Licensor shall use the Premises in a manner as the Licensor deems appropriate, provided Licensor uses all commercially reasonable efforts to avoid material interference with the use of the Premises by Licensee for the purpose specified in Section 3 above. LICENSEE'S OPERATIONS 3. Licensee shall notify Licensor at least three (3) business days prior to entering the Premises. After completion of use of the Premises for the purpose specified in Section 3, Licensee shall notify Licensor in writing that such use has been completed. g. Any open hole, boring or well constructed upon Premises by Licensee shall be safely covered and secured at all times when Licensee is not working in the actual vicinity thereof. Following completion of that portion of the work, all holes or borings constructed on the Premises by Licensee shall be: (a) filled in to surrounding ground level; or (b) otherwise secured or retired in accordance with any applicable Legal Requirement. 10. Upon completion of Licensee's work on the Premises or upon termination of this License, whichever shall occur first, Licensee shall: (a) remove all of its equipment from the Premises; (b) report and restore any damage to the Premises arising from, growing out of, or connected with Licensee's sole use of the Premises; (c) remedy any unsafe conditions on the Premises solely created or aggravated by Licensee; and (d) perform any other work to restore the Premises to substantially the same condition as before Licensee's work on the Premises. APPLICABLE LAWS AND REGULATIONS Environmental Access Agreement Texas National guard 2 of 5 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. TERMINATION 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 16. It is understood and agreed that this License shall not be filed with the County Clerk for Tarrant County, Texas, for recording. APPLICABLE LAW 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 prohibition or invalidity, and this shall not invalidate the remainder of such provision or any other provision of this License. INTEGRATION 19. This License is the full and complete agreement between Licensor and Licensee with respect to all matters relating to Licensee's use of the Premises, and supersedes any and all other agreements between the parties hereto relating to Licensee's use of the Premises as described herein. NOTICES 28. Any notice or communication required in the administration of this Agreement shall be sent as follows: If to City: If to User: Michael vange, David Boucher, Assistant Director Environmental Program Manager Transportation &Public Works Department Texas Military Forces City of Fort Worth Joint Forces Headquarters 1000 Th rockmorto n St. PO BOX 2818 Fort Worth, TX 78102-8311 Austin, TX 78783 VENUE 21. Venue of any suit or cause of action under this contract shall lie in Tarrant County, Texas. GOVERNMENTAL POWERS 22. It is understood that by execution of this Agreement, the parties do not waive or surrender any of their respective governmental powers. SIGNATURE AUTHORITY 23. The persons executing this agreement certify that they have the legal authority to enter into this agreement on behalf of their organizations. IN WITNESS WHEREOF, this License has been duly executed by the parties hereto as of the day and year first above written. Environmental Access Agreement Texas National guard 4 of 5 SIGNATURE PAGE ENVIRONMENTAL ACCESS AGREEMENT City of Fort Worth: --7'et44.4,•44 C.•/‘--• Fernando Costa Assistant City Manager RECOMMENDED: Michael %nge .� Assistant I )irecto ; t/PW APPROVED AS TO FORM AND LEGALITY: ((Av. ‘I 7,4-sr Arthur N. Bashor Assistant City Attorney ATTET: Mary J. Kayser City Secretary goe,.; 400000 1r fft°° n,,e tOa (>* 0 ist Texas National Guard: Daid toucher Environmental Program Manager Witness Environmental Access Agreement Texas National guard i HO MAC REQUIRED