HomeMy WebLinkAboutContract 27435m
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��r���ACY �vo . �%�/�,
CITY OF FORT WORTH
SITE ACCESS AGREEMENT F�R ASBEST�S SURVEYS
STATE OF TEXAS §
COUNTY OF TARRANT §
This SlTE ACCESS AGREE�IENT is entered into b and between Big D Brake & Clutch,
Inc. acting througn �►�rr, S'��,� � . its duly authorized
I,���� �" (°GRANTOR"), and the City of �ort Worth, a nome-rule
municipalify located withi Tarrant County, Texas, acting tfi�raugh Libby Watson, its du[y
authorized assistant city manager ("GRANTEE").
WH�R�AS, the City of Fort Worth has ex�ressed an interest in acquiring the praper�ies
that are the subject of this agreementfrom Big D Brake & Clutch, Inc.; and
V�H�R�AS, the City of Fort Worth wishes to canduct asbe�tos surveys of the subject
properties prior to such acquisition;
1�OW, YH��E�O��, in consideration of the mutual promises and agreements contained
herein, and other good and valuable consideration, the receipt and adequacy of whicn
are hereby acknowledged, the parties hereto agree as follows:
1. The GRANTOR does hereby grant and co�vey upon GRANTEE, ifs officers,
employees, and cantractors, access to, across, and upon the following described
property of the GRANTOR, for the purposes set aut below. GRANTOR shall
pro�ide GRANTEE and GRANTEE"s contractor access to all lackecf structures.
2
3
The property that is the subject of this access agre�menf are as fallows:
• 941 South Freewav, Fort Worth, Texas, ha�ing a legal description of
Block 1, Lots 14-16, Schlaters Subdivision, Fort Worth, Texas; and .
The purposes for wh9ci� GRANT�E shall ha�e access to, across, and upon the
subject property are:
A.
�
The taking of such sam�les as may be determined by GRANTEE ta be
necessary for the canduct of an asbestos survey; snd
Qther actions deemed necessary by GRANTEE related to the canduct af
an asbesfos survey.
�4. Ti�e GRANTOR retains, reserves, and shall continue to enjoy the use of the such
proper�y for any and all purposes which do not inierfere with or prevent the use af
the properties by GRANTEE for the purposes herein described. GRANTEE will
endeavor not to interfere with GRANTOR's ongoing business operations.
GRANTEE may re�trict access to a part or all of the �raperties if health andlor
Cily of Fort Worth
Site Access Agreement
901 5. Freeway
Page 1 of ;`
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safety considerations dictate or an emergency exists. The GRANT�R agrees to
abide by such resiric#ions.
5. The accsss, rights, and pri�ileges granted herein are �.'XCIl15EV2, and 'the
GRANTOR covenants that it will not canvey confliciing rights within the area
covered by this grant. This agreement shall bind and inure to the benefit of the
respective pa�ties, their personal representatives, successars, administrators,
heirs, executors, and assigns.
6. The access, rights, and privileges i�erein granted shall eommence upan
executian of this agreement by both parties and shall remain in effect until the
completion of the asbestos survey activities, but not later than March 31, 2002,
by which time the asbestas surveys should be complete. If additional time is
needed to complete the surveys, the parties shail attempt in good faifh to
nego#iate an extension.
7. Noihing in fhis agreemeni shall in any manner whatsaever affect the City of Fort
Worth's statutory access rights or inhibit the exercise of thase rights in
accordance with statutory autharity.
8. GRANTEE shall provide GRANTOR with a capy of any asbestos survey reparts
made in connection with GRANTEE's actiWities under tY�is agreement.
9. It is mutually agreed and understood that this agreement is made and entered
into by GRANTOR and GRANTEE with referenc� to the existing Charter and
Ordinances of the City �f Fort Worth and the lavvs of the State of Texas, and of
the United States, which ga�ern all matters affecting this agreement.
1 Q. In the event GRANTEE defaults in the �ertormance of any of its obligations
under this agreement or misrepresents ta the GRANTOR a material fact, the
GRANTOR sna11 have a right fo terminate this agreemen# upon giving the
GRANTEE written notice descri�ing the breach or omissian in reasonable detail.
The GRANTEE shall ha�e a ten (10} day period comme�cing upon the date of
notice of default ir� which to effect a cure. If the GRANT�� fail� to effect a cure
within the aforesaid ten ('i0) day period, the GRANTOR may terminate this
agreement by written notice to GRANTEE.
19 . Any notice required by this agreement s�afl be senfi as follows:
If to GRANTEE:
Michaei A. Gange
En�iranmental Supervisor
Department af Environmental Management
1000 Throckmorton
Fort Worth, Texas 76102
817-871-8592
If to GRANTOR:
Clty of Fort Workh F'age 2 of 3
5ite Access Agreement
901 S. Freeway
�
Name: �J �•rv� �S�i,�� �� I �
Title: 1/� e.� �r� s .
Big D Brake & Clutch, Inc. �
Address: q� l. S. F��,e_,� u�c�c. �Tc `7` (� ! f] �
Telephane: �d l7 - .3 ?, 2 -- �Fqr _
12. This instrumen� contains the entire agreement between the parties relating to the
rights her�in granted and the obligations herein assumed. Any oral
representations or modificatians concerning this instrument shall be af no force
and effect excepting a subsequent madification in writing, signed by the party to
be charged.
IN WITN�SS WHEREOF, the �ar�ies hereto have ex�cuted tt�is agreement in triplicate
originals in Tarrant County, Texas.
GRANTEE
C{TY O�'�ORT W�RTH
,
By: `R' � ..1�-; L� � - r � J._
�'Libby W�on
Assistant City Manager
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Date: '� , . _ �-
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ATfES�
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f�Gloria Pea�on, Ciiy Secretary
APPR�VED AS TO FORM AND
LEGALITY:
�istant Cit orne
i�� '��C' � �'� -�
Cont�mct 1�utharixa�.ion
Date
Ciry of Fart Worth
Slte Access Agreement
901 S. Freeway
GRANTOR �
Bi�-B�rake�& Clutch� c.
�y:
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[ r-� �IN i h c� e�� �
(print name)
Date: �' �-����
WITNESS:
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(print name)
CORPORATE SEAL:
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