HomeMy WebLinkAboutContract 28327�li1f ��: ":�'�"i��� �p
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�k�4S� ll �NV1�ON�19�NiAL SIT� d�SESSi1��Ni I��OJ���
Sli� A����S AG���NY��i
siA�� o� 7'�XAS §
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This SITE ACCESS AGREEMENT is entered into by and b�tween Frank Ker�t
Mator Company of Fort 1North, Texas, acting through ��niD� Ir�n/r ���v�`•�ff��LG
its duiy authorized President/Vice President {"GRANTOR"), and the City of Fort
Worth, a home-rule municipality locaied within Tarrant County, Texas, acting
through Libby Watson, its duly authorized Assistant City Manager ("GRANTEE").
VI�b�R���, a Phase I environmental site assessment performed an behalf of the
C�ty of Fort Warth - Transportation and Public VNorks Department in anticipation
of purchase of certain property described befow, recommended that subsurface
investigation be conducted; and
VIIbE�EAS, the City of Fort Worth — Transportation and Public Works have
requested that the City af Fort Worth — Enviranmental Management Departm�nt
conduct the Phase II e.n�ironmental site assessment;
MOlN, T'b�REF�R�, in consideration of the mutual promises and agreemen�s
contained herein, and other good and �aluable consideration, the receipt and
adequacy o# which are hereby acknowledged, the par�ies hereto agree as
follows:
1. The GRANTOR does hereby grant and con�ey upon GRANTEE, its
offiicers, employees, and contractors, access to, across, and upon the
follvwing described property of fihe GRANTOR, for the purposes se# out
below.
2. The property that is the subject of this access agreement is known as the
Former Frank Kent Cadillac Site and all its appur�enances, which is
located at 100 East Lancaster Avenue, Fort Worth, Texas; and which has
a legal �escription of J. H. Childress Survey A-250, Frank Kent Addition,
Lots 1 A1, 2A1, 1 A2, 1 b, 2A2, 2B, 3A, 3B, and A�, Fort Worth, T�xas.
3. The purposes for which GRANTEE shall have access to, across, and
upon the subject property are;
A. The taking of such soil, water, and air sam�les as may be
determined by GRANTEE to �e necessary;
Phase I! �nviranmental Site Assessment Project
Site Access Agreement �a�� � -
B. Th� drilling of holes and the construction, repair, maintenance, and
sampling ofi monitor wells; and
C. Other actions d�emed necessary� by GRANTEE related ta the
investigation of the surface or subsurface conditions.
4. The GRANTOR retains, reserves, and shalf continue to enjoy the use of
the surface of such property for any and all purposes which do not
int�rfere with or prevent the use of the property by GRANTEE for ihe
purposes herein described. The GRANTEE may restrict access to a part
or all of the property 'rf health and/or safety considerations dietate or an
emergency exists. The GRANTOR agrees to abide by such restrictions.
5, The access, rights, and privileges granted herein are exclusive, and the
GRANTOR covenants that he will not con�ey conflicting rights within t�e
area co�ered by ihis grant. This agreemen# shalf bind an� inure to the
benefit of the respecti�e parties, their personal representatives,
successors, administrators, heirs, executors, and assigns. ,
6. The access, rights, and privileges herein granted shall commence upon
execution of this agreement �y both parties and shall r�main in efifect untii
th� comp[etior� of the assessment acti�ities, but not later than March 31,
2003, �y which time the assessment should �e complete. If additional
time is needed to complete the assessment, th� parties shall attempt in
good faith to negotiate an extension.
7. Within 10 days of the completion of the assessment actiuities, GRANTEE
shall notify GRANTOR of such in writing. If the GRANTOR does not wish
to assume possession and responsibifiiy for the monitor wells, if any, after
the completion of ihe assessment, the GRANTDR shall ha�e ten days
from the date of recei�ing such notice to notify fhe GRANTEE ofi that fact
in writing, The GRANTEE shall, within 180 days after receiving such
notice, abandon any wells that remain on the properiy. Abandonment of
the wells shall be done in accordance with the �aws of the Staie of Texas.
The right of access granted by this agreement shall extend for th� period
of time necessary to camplete abandonment. Additionally, GRANTEE
shall repair, clean up, and restore . all other portions of GRANTQR's
property disturbed by GRANTEE during the assessm�nt activities. Such
re�airs, clean up, and restoratior� shal[ return tne property to substantial�y
the sam� condition it was in before GRANTEE's operations began.
8. Not�ing in this agreement shall in any manner whatsoever afifiect the City
of Fort Worth's stat�tory access rig�ts or inhibit the exercise of those
rights in accordance with statutary authority.
Phase II Environmental Site Assessment Project
Site Access Agreemer�t Page 2
�. GRANTEE shall pro�ide GRANTOR with a copy of any Phase II
environmental site assessment report made in connection with
GRANTEE`s assessment ac#i�ities under this agreem�nt.
10. GRANTOR understands that the Phase Il en�ironmental site assessment
and all doc�ments generaied as a result of the assessment activities sha[I
be public record.
11. It is mutualiy agreed and understood that this agreement is made and
entered into by GRANTOR and GRANTEE with reference to the existing
Cf�ar�er and Qrdir�ances af 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. In the event GRANTEE defaults in the performance of any of its
obliga#ions under this agreemen.t or misrepresen�s to the GRANTOR a
material fact, the GRANTOR shall ha�e a right to terminate this agreement
upon giving the GRANTEE written notice describing the �reach or
omission in reasonable detail. The GRANTEE shail have a fien (10) day
period cammencing upan the date of notice of default in which ta effect a
cure. Ifi the GRANTEE fails to effect a cure within the aforesaid ten {� 0)
day period, the GRANTOR may terminate this agreement by written notice
�o GRANTEE.
13. Any natice required by this agreement shall be sent as follows:
If to GRANTEE:
Michae! Gange
Department of En�ironm�ntal Management
1000 Throckmortan
Fort Worth, Texas 761 a2
$17-871-8136
lf to GRANTOR:
Wendy Churchill
Frank Kent Motor Company
380Q Southwest Boule�ard
Fort Worth, Texas 7611 �
817-763-5000
14. This instrumen# contains the entire agreement between the parties relating
to the rights herein granted and the obfigations herein assumed. Any oral
represenfations or modifications concerning this instrument shall be of no
Phase I1 Environmental Site Assessmer�t Project
Site Access Agreement Page 3
force and eff�ct excepfing a subsequent modificatian in writing, signed by
the party to be charged.
IN WITNESS WHEREOF, the pariies hereto ha�e executed this agreeme�t in
�riplicate originals in Tarrant Cour�ty, Texas.
GRANTEE
CITY OF I��'SRT WORThJ
r ._
By; a, � �
Lib�y Watson
Assistant City Manager
,
Daie: �' +
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ATTE�f: .
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�U-loria P��rson, ��ty Secretary
APPROVED AS TO FORM AND
LEGALITY:
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Assistant C' y At#orney �
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Cant���t Ruthoxiza�.�oa� u•—
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Phase II �nvironmental Site Assessment Project.
Sit� Access Agreernent
GRANTOR
FRANK KENT MOTOR COMANY
By:
Presiden ' e resident
Date: %' � - D3
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WITNESS; ����,, „���,��
' !f'JSii /ic/�'
(print name)
CORP4RATE SEAL:
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