HomeMy WebLinkAboutContract 27434f'1��� Y 1J������� \ Y
�'' ' `' � E �, �. ...;v..!"�ACT N�. � �
The GRANTOR does hereby grant and convey upan GRANTEE, its afficers,
employees, and contractors, access to, acrass, and upon the faflowing described
property of the GRANTOR, for the pur�ases set out below. GRANTOR shall
provide GRANTEE and GRANTEE's contracior access to a[I locked structur�s.
STATE OF TEXAS �
COUNTY OF TARRANT §
This SITE ACCESS AGREEM�NT is entered into by and between Fo t Wor�h Brake,
Clutch & Equipment, lnc. , acting through �� ,',�, � , ifs duly
authorized �re�. {""GRANTOR"), and the City af �or� Worth, a
home-rule municipality located within Tarrant County, Texas, acting fhrough Libby Watson,
its duly authoriz�d assistant city manager ("GRANTEE").
VI�b�R�A►5, the City of Far� Workh has exgressed an interest in acquiring the pro�e�ties
that are the su��ect of this agreement fram Fort Worth Bralce, ClutcF� & Ec{uipment, fnc.;
and �
WH�R�AS, t�e City of Fork Worth wishes ta conduct asbestos surveys of the subject
properties prior to such acquisitian;
iVOW, i�I�R��OFt�, in consideration of the mutual promis�s and agreements contained
herein, and ather good and �afuabfe consideration, the receipt and adequacy of which
are hereby acknowledged, the parties nereto agree as follows:
2.
3.
Th� �roperty that is the subject af this access agreement are as foll�ws:
CITY OF FORT W4RTH
SITE ACCESS AGREEMENT �QR ASBESTOS SURVEYS
825 South Freewrav, Fart War�h, Texas, having a I�gal descriptian of
Block 6, Lats 7 and 8, Alford and Veals Addition, Fort Wor�h, Texas;
The purposes for whici� GRANTEE shall have access to, acrass, and upon the
subject praperty are:
�
f'-�
The taking of sueh samples as may be determined�by GRANTEE to be
necessary far t�e conduct of an asbestos survey; and
Other activns deemed necessary by GRANTEE related to the conduct of
an asbestos survey.
4, The GRANTQR retains, reserv�s, and shall continue to enjoy the use of the such
property for any and all purposes which do nat inferfere with or preveni the use af
the properties by GRANTEE for the purposes herein described, GRANTEE wil]
endeavor not to interfere with GRANTOR's o�going business operatians.
City of Fort Worth
5ite Access Agreement
825 S. Freeway
Page 1 of 3
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GRANTEE may restrict access to a part ar al{ of the properties if health ar�dlor
safety considerations dicta#e or an emergency exists. The GRANTOR agrees to
abide by such restrictions.
5. The access, rights, and privileges granted herein are exclusive, and �he
GRANTOR co�enants thaf it will not canvey conflicting rights within the area
co�ered by this grant. This agreement shall bind and inure to the benefit af the
respective par�ies, their personal representatives, successors, administrators,
heirs, executors, and assigns.
6. The access, rights, and pri�ileges herein grantad shall
execution of this agreement by �vth parties and shall remain
complef�an of the asbestos survey activities, but nat later than
by which time the asbestos surveys should be camplete. If
needed to camplete the sur�eys, fhe parfies sha[I attempt
negotiate an extension.
commence upon
in effect ur�til the
March 31, 20a2,
additianal time is
in goad faith ta
7. Nothing in this agreement shall in any manner whatsoever affect the City af Fort
Worth's statutory access rights or inhibit the exercise of thos� rights in
accordance with s�atutory authority.
8. GRANTEE shall provide GRANTOR with a copy of any asbestas survey repor�s
made in connection with GRANTE�'s activities und�r this agreement.
9. lt is mutualiy agreed and understood that this agreement is made and enfered
into by GRANTOR and GRANTEE with reference to the existfng Charter and
Ordinances of ff�e City of Fort Worth and the laws af the State of Texas, and of
tf�e United States, which govern a[I matters affecting this agreement. .
10. In the event GRANTEE defaults in the performance of any of its obligations
under this agreement ar misrepresents to ihe GRANTDR a material fact, the
GRANTOR sY�all hav� a right to terminate this agreement upon giving the
GRANTEE written notice describing the breach or omission in reasonable detail.
The GRANTEE shall have a ten (10) day period commencing upon the date of
notice of default in which fo effec# a cure, If the GRANTEE fails to effect a cure
within the aforesaid ten (10} day period, the GRANTOR may terminate this
agreement by ►rvritten notice to GRANTE�.
11. Any notice required �y this agre�ment shall be sent as follows:
I� to GRANTEE;
Michael A. Gange
Environmental Supervisor
Department of Environmen�al Management
1000 Throckmortan
Fart Worth, Texas 76102
817-$71-8592
City af Fort Worth
Sife Access Agreement
825 S. Freeway
P�B9,2„o�,�.
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If to GRANTOR:
Name: � �} '�A 1 � n r� �, i�
Title: —P �' �e s
Fort Wor�h Brake, Clutch & Equipmeni, lnc.
Address: � a4� S, p �� �'(�1 b S�
Telephone: f�17- �� 3 2-�Ca/d
12. T[�is instrumenf contains the entire agreement between the pa�ties relating fo the
rights herein granted and the obligations herein assumed. Any oral
representations or modifications co�cerning this instrument s�all I�e ofi no force
and effect excepting a subsequ�nt modificatian in writing, signed by the par�y io
be charged.
!N WfTNESS WHEREDF, the parties hereto have executed kt�is agreement in triplicate
originals in Tarrant County, Texas.
GRANTEE
CITY OF�%�ORT WORTH
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�Libby W�on
Assistant City Manager
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Date: `� ��� �� Z-
ATTEST�/ J
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�oria Pearson, Cifiy Secretary�
APPROVED AS TO FORM AND
LEGALITY:
ssistan Ci torne
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Cantr�ct l�uthorization �
Date
City of Fort Worth
Site Access Agreement
825 S. Freeway
G RANTO R
Fo o h Brake, Clut & Equipment,
In .
By: _
r�n S l.(.l r ,�i � +� . � �
{print name)
Date; /,G��'o'�
W ITNESS:
� /` j.� ����yr�
(print name)
CORPORATE SEAL:
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