HomeMy WebLinkAboutContract 27433�: � � ����'�' 5����TA�1P�
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CITY �F FORT WORTH
SITE ACCESS AGREEMENT FOR ASBESTOS SURVEYS
STATE OF TEXAS §
CDUNTY OF TARRANT §
This SITE ACCESS AGREEMENT is entered into by and between National Bra�ce &
Clutc�nc., acting through �r,n ��1�1 ��In �c� �I �, its duiy authorized
r"e5 _ ("GRANTOR°), and the City of �ort Worth, a home-rule
municipality located wiihin Tarrant Caunty, Texas, actir�g through Libby Watson, its duly
authorized assistant city manager ("GRANTEE").
Wb�REAS, the Ciiy of Fort Worth has expressed an infe�est in acquiring t�e properties
that are the subject of this agreement from National Brak� & Clutch, Inc.; and
WH�R�r4S, the City of Fart Worth wisttes to conduct asbestas surveys of the subject
properties prior to sucl� acquisifion;
NOW, '�H�R��'OFt�, in consideration af the mutual pramises and agreements contained
herein, and other goad and vaivable consideration, the receipt and adequacy of wF�ich
are hereby acknowledged, the parties hereta agre� as follaws:
2.
3
The GRANTOR does hereby grant and canvey upon GRANTEE, its officars,
employees, and contractors, access to, across, and u�on the fo{lowing described
properties of the GRANTOR, for the purposes set aut below. GRANTOR shall
pro�ide GRANTEE and GRANTEE's contractor access to all Iocked structures.
The property ti�at is the subject of this access agreem�r�t are as follaws:
• 900 Evans, �art Worth, Texas, having a iegal descripfiion af Blflck 1, Lots
9, 2, and 3, E�ans South Addition, Fort Worth, T�xas
The pur�oses for which GRANTEE shall f�a�e access io, across, anc� upon the
subject proper�y are:
A.
i:
The taking of such samplss as may be determined by GRANTEE to be
necessary for the conduct flf an asbestos survey; and
Other actions deemed nec�ssary by GRANTEE related to the conducf of
an asbestos survey.
4. The GRANTOR retains, reserrres, and shall continue ta enjoy the use of the such
prop�rty for any and all purposes which do not inter�ere with or prevent the use of
the property by GRANTEE for �he purposes herein describ�d. GRANTEE will
endeavor nof to interfere with GRANTOR's ongoing business operafions.
GR�4NTEE may restrict access to a part or al[ of the praperties if hea[th andlor
City af Fart Worth
Site Access Agreement
900 Evans
Page $ 4�,
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safety cansidarations dictate or an emergency exists. The GRANT�R agrees to
abide �y such restrictions.
5. The access, rights, and privileges granted herein are exclusive, and the
GRANT4R covenants that it will not convey conflicting rights within the area
covered by this grant. This agreement shall bind and inure to the benefit of the
respective }�arties, their personal representatitres, successors, administrators,
heirs, executars, and assigns,
6. The access, rights, and privileges her�in granted sha[I commence upon
execution of this agreeme�t by both parties and shall remain in effect until �he
completion of the asbestos survey activities, 6ut not later than March 31, 20fl2,
by which time' the asbestos surveys should t�e complete. If additional time is
needed to complete the s�rveys, the par�ies shall a�tempt in gaod faifh to
negofiate an extension.
7. Nothing in this agreement shall in any manner whaisoever affect the City of �ort
Worth's statutory access rights or inhibit t�e exercise of those righfs in
accordance with stafutory authority.
S. GRANTEE shal! pravide GRANTOR wifh a copy af any asbestos s�rvey report
made in eonnection with GRANTEE's activi#ies under this agreement.
9. It is mutually agreed and undarstood that this agreeme�t is made and entered
into by GRANTOR and GRANTEE with reference to the existing Charter and
Ordinances of the City of Fort War�h and the laws of the State of Texas, and af
the United States, which govern all matters affecting this agreement.
10. In the e�ent GRANTEE defaults in the perFormance of any of its obligations
under this agreemenf or misrepresents to the GRANTOR a material fact, the
GRANTOR shall have a rEgf�t to terminate this agreement upon giving the
GRANTEE writt�n notice describing the breach or omission in reasanable detai[.
Ti�e GRANTE� shall have a ten (10) day period comrrzencing upan fhe date af
notice o� default in which fo effect a cure. If the GRANTEE faifs to effect a cure
within the aforesaid ten (10} day period, the GRANTOR may t�rminate this
agreement by written r�otice to GRANTEE.
11. Any natiee requirec� by this agr��ment shall be senf as follaws:
If to GRANTEE:
[u[ichael A. Gange
En�ironmental Supervisor
Department of En�ironm�ntal Management
1000 Throckmorton
Fort Warth, Texas 76102
817-871-8592
City of F'ort Worth Page 2 of 3
Slte Access Agreement
900 ��ans
If to GRANTOR:
Name: C1 i YV�. ����1�� �� p�� I
T�tle: ~ �r� S
National Brake & Clutch, Inc,. --� 1 � � � � 1 � �
Address: 90 O ��ru. n � l�'� � '� �. �0 r � � �C
Telephone: �S1?- 33_ �- �/D I D
12. Th�s instrument contains the entire agreement between the parties relating fa the
rights herein granied and the obligations herein assumed. Any oraf
representations or madifications concerning this instrument shall be af no force
and eff�ct excepting a subsequent modification in writing, signed by the party to
be charged.
IN WITNESS VIfHEREQF, the parties hereto ha�e execuied this agreement in triplicate
nriginals in Tarranf County, Texas.
GRANTEE
CITY OF/'�ORT WORTH
;`� , � _
By: � . F_ . :�'�
f�ibby�on
Assistant City Manag�r
�ate: �I 1rSr �� • � �
r r
ATTESTf ,
�� �^ ' i J • . ' _ r-
��loria Pearso , C�y Secretary
G
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Y1� �LII 6 Irl ��, � I
(print name)
Date: ���/��
WITNESS:
" � � �l�'�p S`
(print name)
CORPORATE SEAL:
APPROVED AS TO �'ORM AND
LEGALITY:
ssistan `�ity rn
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Contract P�uthorization
bate
Clty of Fort Worth
Site Access Agreement
9a0 Evans
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