HomeMy WebLinkAboutContract 27432� - . � . . t: .
r�TY �EC�EiAR�(
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CiTY OF FORT WORTH
BROWNFIELDS ECONOMIC REDEVELOPMENT PROGRAM
PHASE II ENVIRQNMENTAL SlTE ASSESSMENT PROJECT
SITE ACCESS AGREEMENT
STATE �F TEXAS §
COUNTY OF TARRANT §
This SITE ACCESS AGREEMENT is entered into by and between Fort War�h Brake,
Clutch & Equi�ment, inc. , acfing through �,�v� SGJi n�P�1 �, its duly
authorized Pfe� ("GRANTOR"), and the City of Fort VVorth, a
home-rule municipafity located within Tarrant County, Texas, ac�ing thraugh Libby Watsan,
its duly authorized assistant city manager ("GRANTEE°).
liillb�R�RS, the City of Fart Wor#h has expressed an interest in acquiring the property
that is the subject af this agreement from Fart Worth Brake, Clutch & Equipment, Inc.;
and
!�lHf�i:�,4S, a Phase I environmental site assessmenfi performed on behalf af the City ofi
F'ort Wor#h in anticipation af such purchase recommended that subsurFace investigation
be conducted; and
III�H�R��S, the City of Fart Warth wishes to proceed and ta conduct the Phase If
environmental site assessment through its Brownfields Economic Redevelapment
Program;
NOW, Yb�R��BR�, in consideration af the mutuaf pramises and agreements cantained
herein, and othar good and valua�le considerafion, the receipt and adequacy of which
are hereby acknowledged, the parties hereto agree as fo�lows:
1. The GRANTOR doe5 hereby grant and con�ey upon GRANTEE, its officers,
emplflyees, and can�ractars, access to, across, an� upon the fiollowing described
property of the GRANTQR, for the purposes set out be[ow.
2. The properky that is the su�jeet of this access agreement is located at 825 South
Freeway, Fort Worth, Texas; and has a legal descriptian ofL.ats 7' and $, Block S,
Alfard and Veals Additi�n, Fort Worth, Texas.
3. The purpases for which GRANTEE shall have access fo, acrass, and upan the
subject property are:
A. The #aking of such soil and water samples as may be determined by
GRANTEE to be necessary;
B. Ti�e dril�ing of Y�oles and the constructian, repair, mainf�nance, and
sampling af manitor wells;
C�ty of Fort Worth Brownflelds �conomlc Redevelopment Arogram Page 1 0��__ _
Phase ll �nvlronmental Site Assessment Project ��� �fi5f('((}��0�
Site Access Agreement � IkiS�Uli�l�9
825 S. Freeway r(���� � j�t��¢J�j ���
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Redevelopment Pragram as funded by the Unifed 5tates Environmentaf
Protectian Agency, and that all documents generated as a result of the
assassment activities shall be puhlic record. GRANTOR further ur�derstands that
GRANTEE is obligated under the program to pubiic9ze its assessment,
remediation, and redevefapment activities.
11. It is mutually agreed and understood that this agreement is made and entered
inta by GRANTOR and GRANTEE with reference to the existing Charfer and
Ordinances of the City of Fort Warth and tY�e laws of the State of Texas, and ofi
the United Sfiates, which govern all matters aff�cting this agreement.
12. In the event GRANTEE defaults in the perfarmance of any of i#s obliga#ions
under this agreement or misrepresents ta t�e GRANTOR a material fact, the
GRANTOR shall harre a right to terminate this agreement upon gi�ing the
GRANTEE written notice describing khe breach or omissian in reasanable detail.
The GRANTEE shalE have a ten (14} day period cammencing upan the date af
notice af default in which to effect a cure. If the GRANTEE fails to effect a cure
within the aforesaid ten (10} day period, the GRANTOR may terminate this
agreement by written nfltice to GRANTEE.
13. Any notice required by this agreement sf�all be sent as follows:
If ta GRANTEE:
Kathryn A. Hansen
Brownfields Pragram Manager
Department of En�ironmental Management
1000 Throckmorton
Fort Worth, Texas 76102
817-87 � -8136
If to GRANTQR:
Name: S? m�L(� ��1 � u� f
Title: F3�"�S .
Fart Worth BraKe, Clufch� Equipment, Inc. !'
Address: ,�� i S� �`r���-�j �� L,I��rl'L 7x. `1 ��
Telephone: �17 -.� 3�.- �f a r n j
14. This instrument confains the entire agreement between the parties relating to the
rights herein granted and the obliga#ions herein assumed. Any oral
representations ar madifications concerning this instrument shall be af no force
and effect excepting a subsequent modification in writing, signed by the par�y to
be charged.
1N WITNESS WHEREOF, the parties hereto ha�e executed this agreement in triplicate
originals in Tarrant County, Texas.
Cify of Fort Worth Brownfieids Economic Redevelopment Pragram Page 3 of 4
Phase II �nvironmental Site Assessm�nt Project
Site Access Agreemen#
825 S. Freeway
GRANTEE
CITY OF FORT WORTH
�
By: , �� �
�bby Wa4sdn
Assistant City Manager
Date: .,�� � �� `~
��
ATTES�• f � �
' ,,
ry J � .� � ,
�Gloria Pearso� City Secretary
GRANTOR
F'ort W_ th Brake, Clutch ��uipment,
I nc.
By:
�J �.(� I vl CI �..i, 1
(print name)
Date� /���-�
WITNESS:
- �� ����r �
(print name)
APPROVED AS T� FORM AND CORP+DRATE SEAL:
LEGALITY:
�f >�
Assistant ity t�rr
�r�.��� ����,�r'.�
Contr��� 1��l�orfza�i.on
na�e
Cify of Fort Worth ervwnfields Ecnnomic Redevelopment Program
Phase II Environmental Site Assessment Project
5ite Access Agreemen#
825 S, Freeway
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