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HomeMy WebLinkAboutContract 57536 City Secretary Contract# ___ 57536______ CITY-OWNED GRINDER PUMP SEWER SYSTEM SERVICE AGREEMENT This Agreement regarding Grinder Pump Sewer Systems ("Service Agreement" or "Agreement") is entered into by and between City of Fort Worth (the "City") and Lenda Lane Lair ("Customer") for sanitary sewer services to the property located at 7387 Love Cir ("Property") . RECITALS WHEREAS, the City owns, operates and maintains a centralized sanitary sewer collection and treatment facility ("Collection Facility") ; and WHEREAS, a grinder pump apparatus consists of certain components including an electrically powered grinder pump ("Grinder Pump") and associated pressurized piping (collectively, "Grinder Pump System") to transport sewage to the Collection Facility; and WHEREAS, the elevation and/or slope of the Property in relation to the location of the City's Collection Facility requires the installation of a Grinder Pump System in order to move Customer' s sewage to the City's Collection Facility; and WHEREAS, City desires to reduce the number of private septic sewer systems around Lake Worth in an effort to improve water quality of the lake. WHEREAS, the City's Collection Facility is regulated by the rules and regulations of the Texas Commission on Environmental Quality ("TCEQ") ; and WHEREAS, the rules and regulations of the TCEQ require that the City only allow the use of a Grinder Pump System by a Customer under terms and conditions set forth in a service agreement; and WHEREAS, City desires to install and maintain a Grinder Pump System to connect Customer to the City's Collection Facility; and WHEREAS, Customer will dedicate an easement for the Grinder Pump System to City; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the City and Customer agree as follows: 1. In order to provide sanitary sewer service to Customer: a. City shall install/construct a Grinder Pump System on the Property including the electrical service line required to connect to the Customer's power supply. b. The customer shall be responsible for the installation of piping including routing, re-routing or connecting the existing sewer service from the home to the Grinder Pump System. Customer shall remain responsible for all plumbing, pipes or related appurtenances from the connection point with the Grinder Pump System back to Customer's residence. OFFICIAL RECORD 1 CITY SECRETARY Grinder Pump Agreement - FT.WORTH, TX c. Customer agrees to privately retain and pay the costs associated with providing a dedicated electrical service/connection, sufficient to power the Grinder Pump, from the main electrical control panel for the residence to a location, generally affixed to the residential structure, in the vicinity of the Grinder Pump. Customer will pay, in Customer's normal course of business, any electric charges attributable to the Grinder Pump as may be incurred through Customer's electric service provider. d. City shall have the right to inspect, maintain and, when needed, repair, the Grinder Pump System. e. Customer agrees that the City shall have the right to stop any discharges from the Grinder Pump in order to prevent contamination of state waters, if necessary. 2. Customer shall grant to City a permanent easement, including a right of entry onto the Property, in the form attached hereto, for the purpose of installing, constructing, inspecting, maintaining and repairing the Grinder Pump System. City shall obtain a metes and bounds survey of the permanent easement and provide same to Customer for inclusion in the easement to be dedicated upon completion of the installation of the Grinder Pump System. 3. In the event of the sale or transfer of ownership of the Property for any reason, the Grinder Pump System shall remain the property of the City and shall be considered a fixture of the Property and may not be removed by Customer. Customer shall disclose to any future purchaser of the residence the existence of the Grinder Pump System, this Agreement and the easement. 4 . Customer agrees to provide emergency power to the Grinder Pump in accordance with the manufacturer' s specifications. 5. Customer has the responsibility to understand and comply with the proper use of the Grinder Pump according to the manufacturer's manual, as provided by the City. Customer's tampering with the Grinder Pump System, except in the case of an emergency, or deliberate introduction of prohibited materials shall constitute a breach of this Service Agreement and authorize the City to discontinue water and/or sewer service to the Premises in accordance with City policies. In the event service is terminated, Customer shall be responsible for any and all costs related to the termination of any such services and for the restoration of service, all in accord with then existing Ordinances of the City. 6. Customer shall not relocate the Grinder Pump System. If Customer desires to have the Grinder Pump System relocated, Customer shall contact the City's Water Department to make arrangements. Customer shall be responsible for all costs related to a customer-initiated relocation. 2 Grinder Pump Agreement - 7. Customer, its successors and assigns, hereby releases, acquits and forever discharges City and its representatives from all claims, demands or causes of action of any kind which Customer has now or may have in the future related to the installation, construction, operation, inspection, maintenance and repair of the Grinder Pump System except as such damages may result from demonstrated improper installation or maintenance of the Grinder Pump System. B. Customer agrees to abandon private septic sewer systems currently or previously serving the property according to the requirements set forth by the City and the TCEQ. 9. Except as stated above, Customer, its successors and assigns, agrees to indemnify and hold harmless the city, its officers, directors, employees or representatives from any claims or damages associated with or arising from design, installation, operation or maintenance of the Grinder Pump System. 10. This Agreement runs with the land and shall be binding upon any heirs, transferors, sub-lessees, purchasers, or assignees coming into possession of the Property. Upon the sale or legal transfer of the Property to a third party, this Agreement shall transfer to the buyer and shall terminate as to Customer-seller, said buyer to assume all duties remaining to be performed as Customer herein. Customer-seller shall have no further obligation to City hereunder, other than to pay for water and/or wastewater service provided prior to the date of sale. 11. Any amendments to this Agreement must be in writing and signed by both the City and the Customer. 12. This Agreement shall be performable in Tarrant County, Texas, which county shall be the exclusive place for venue for any disputes arising under the Agreement. REMAINDER OF THE PAGE INTENTIONALLY BLANK 3 Grinder Pump Agreement - ACCORDINGLY, City and Customer hereby enter into this Agreement as indicated by each party's signature affixed hereto, effective as of the date subscribed by the City. CITY OF FORT WORT CUSTOMER , By: Dana Burghdoff(May 9,20 7:40 CDT) By: IL� Dana Burghdoff, Assistant City Manager CyncoLane Wahl, attorney in fact for Lenda Lane Lair 9.��— -R 0 ad� d~° oo��d ATTEST. �v0 o=A 0 9a .r�e�te S d� 0o Jannette S.Gooda II(May 10,202213:24 CDT) 0Oo...).0 'd City Secretary a���nEXASaAp APPROVED AS TO FORM AND LEGALITY -/./ Assistant City Attorney Contract Compliance Manager By signing I acknowledge that I am the Person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. waif s NCWWV4 Walter Norwood, Sr. Professional Engineer, Water OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX 4 Grinder Pump Agreement STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Dana Burghdoff, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that he executed the same as the act of said City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY AND HAND SEAL OF OFFICE THIS loth day of May ,2021. RYP(, SELENA ALA � � Notary Public Selena Ala(May 10,2022 12:36 CDT) •®* STATE OF TEXAS Notary Public, State of Texas P Notary I.D. 132422528 9jFoF My Comm.Exp.Mar.31,2024 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared T enEit Inane mil, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to that they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of d , 2021. NRA SHINSKY •t •: T My Notary IQ#1100331 '"�;F �+fV Expires July12,2023 Notary Public, S to of Texas OF STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared , known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to that they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2021. Notary Public, State of Texas OFFICIAL RECORD 5 CITY SECRETARY Grinder Pump Agreement - FT.WORTH, TX STATUTORY DURABLE POWER OF ATTORNEY NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE EXPLAINED IN THE DURABLE POWER OF ATTORNEY ACT, SUBTITLE P, TITLE 2, ESTATES CODE. IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO. IF YOU WANT YOUR AGENT TO HAVE THE AUTHORITY TO SIGN HOME EQUITY LOAN DOCUMENTS ON YOUR BEHALF, THIS POWER OF ATTORNEY MUST BE SIGNED BY YOU AT THE OFFICE OF THE LENDER, AN ATTORNEY AT LAW, OR A TITLE COMPANY. You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until: (1) you die or revoke the power of attorney; (2) your agent resigns, is removed by court order, or is unable to act for you; or (3) a guardian is appointed for your estate. � r ^ -13�G Lv��Circl� I,�rrrlC�C� �.(c VI CE i( (�'° '1� (1 Bert your name and address), appoint � ��y cf Cc,4(e cl(-. C 1 rte,ltl, °``" " insert t�e name and address of the person appointed) as my agen to act for me in any lawful Aar ith respect to all of the following powers that I lob have initialed below. (YOU MAY APPOINT CO-AGENTS. UNLESS YOU PROVIDE OTHERWISE, CO-AGENTS MAY ACT INDEPENDENTLY.) TO GRANT ALL OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF (0) AND IGNORE THE LINES IN FRONT OF THE OTHER POWERS LISTED IN (A) THROUGH(M). TO GRANT A POWER, YOU MUST INITIAL THE LINE IN FRONT OF THE POWER YOU ARE GRANTING. TO WITHHOLD A POWER, DO NOT INITIAL THE LINE IN FRONT OF THE POWER. YOU MAY, BUT DO NOT NEED TO, CROSS OUT EACH POWER WITHHELD. (A)Real property transactions; (B)Tangible personal property transactions; (C) Stock and bond transactions; (D) Commodity and option transactions; (E)Banking and other financial institution transactions; (F) Business operating transactions; (G) Insurance and annuity transactions; (H) Estate,trust,and other beneficiary transactions; (1) Claims and litigation; (J)Personal and family maintenance; (K) Benefits from social security, Medicare,Medicaid,or other governmental STATUTORY DURABLE POWER OF ATTORNEY 09-1-2017 PAGE 1 programs or civil or military service; (L)Retirement plan transactions; (M)Tax matters; ff (N)Digital assets and the content of an electronic communication; (0)ALL OF THE POWERS LISTED IN (A)THROUGH(M). YOU DO NOT HAVE TO INITIAL THE LINE IN FRONT OF ANY OTHER POWER IF YOU INITIAL LINE(0). SPECIAL INSTRUCTIONS: Special instructions applicable to agent compensation (initial in front of one of the following sentences to have it apply; if no selection is made, each agent will be entitled to compensation that is reasonable under the circumstances): My agent is entitled to reimbursement of reasonable expenses incurred on my behalf and to compensation that is reasonable under the circumstances. My agent is entitled to reimbursement of reasonable expenses incurred on my behalf but shall receive no compensation for serving as my agent. Special instructions applicable to co-agents (if you have appointed co-agents to act, initial in front of one of the following sentences to have it apply; if no selection is made, each agent will be entitled to act independently): Each of my co-agents may act independently for me. My co-agents may act for me only if the co-agents act jointly. My co-agents may act for me only if a majority of the co-agents act jointly. Special instructions applicable to gifts (initial in front of the following sentence to have it apply): I grant my agent the power to apply my property to make gifts outright to or for the benefit of a person, including by the exercise of a presently exercisable general power of appointment held by me, except that the amount of a gift to an individual may not exceed the amount of annual exclusions allowed from the federal gift tax for the calendar year of the gift. [The following provisions are not part of the statutory form itself, but are a permissible modification to the statutory form under Sec. 752.052 to grant specific authority described by Sec. 751.031(b).] GRANT OF SPECIFIC AUTHORITY (OPTIONAL) M agent MAY NOT do any of the following specific acts for me UNLESS I have INITIALED Y P the specific authority listed below: (CAUTION: Granting any of the following will give your agent the authority to take actions that STATUTORY DURABLE POWER OF ATTORNEY 09-1-2017 PACE.2 could significantly reduce your property or change how your property is distributed at your death. INITIAL ONLY the specific authority you WANT to give your agent. If you DO NOT want to grant your agent one or more of the following powers, you may also CROSS OUT a power you DO NOT want to grant.) ILLCreate, amend, revoke,or terminate an inter vivos trust iRl Make a gift, subject to the limitations of Section 751.032 of the Durable Power of Attorney Act(Section 751.032,Estates Code) and any special instructions in this power of attorney ,Create or change rights of survivorship J\ Create or change a beneficiary designation �Authorize another person to exercise the authority granted under this power of attorney. ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS LIMITING OR EXTENDING THE POWERS GRANTED TO YOUR AGENT. UNLESS YOU DIRECT OTHERWISE BELOW, THIS POWER OF ATTORNEY IS EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT TERMINATES. CHOOSE ONE OF THE FOLLOWING ALTERNATIVES BY CROSSING OUT THE ALTERNATIVE NOT CHOSEN: (A) This power of attorney is not affected by my subsequent disability or incapacity. (B) This power of attorney becomes effective upon my disability or incapacity. YOU SHOULD CHOOSE ALTERNATIVE (A) IF THIS POWER OF ATTORNEY IS TO BECOME EFFECTIVE ON THE DATE IT IS EXECUTED. IF NEITHER (A) NOR (B) IS CROSSED OUT, IT WILL BE ASSUMED THAT YOU CHOSE ALTERNATIVE (A). I If Alternative (B) is chosen and a definition of my disability or incapacity is not contained in this power of attorney, I shall be considered disabled or incapacitated for purposes of this power of attorney if a physician certifies in writing at a date later than the date this power of attorney is executed that, based on the physician's medical examination of me, I am mentally STATUTORY DURABLE POWER OF ATTORNEY 09-1-2017 PAGE 3 incapable of managing my financial affairs. I authorize the physician who examines me for this purpose to disclose my physical or mental condition to another person for purposes of this power of attorney. A third party who accepts this power of attorney is fully protected from any action taken under this power of attorney that is based on the determination made by a physician of my disability or incapacity. I agree that any third party who receives a copy of this document may act under it. Termination of this durable power of attorney is not effective as to a third parry until the third party has actual knowledge of the termination. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this power of attorney. The meaning and effect of this durable power of attorney is determined by Texas law. If any agent named by me dies, becomes incapacitated, resigns, or refuses to act, or is removed by court order, or if my marriage to an agent named by me is dissolved by a court decree of divorce or annulment or is declared void by a court (unless I provided in this document that the dissolution or declaration does not terminate the agent's authority to act under this power of attorney), I name the following (each to act alone and successively, in the order named) as successor(s)to that agent: ) homcc,,�? Ayjcll.L(L� Signed this l�� day of O(y , (your signature) State of T4b(08 County of This document was acknowledged before me on 2D JPj(date)by un u ,x (name of principal) (signature of notarial officer) (Seal, if any, of notar le MARTA PARRISHNOTARY PUBLIC•STATE OF TEXAS (printed name) ID#12128279.8 COMM.EXP.09.14.2021 My commission expires: (q-ILA • ZDZ 1 STATUTORY DURABLE POWER OF ATTORNEY 09-1-2017 PAGE 4 •�'`cUU '''' MARY LOUISE GARCIA N �r COUNTY CLERK 100 West Weatherford Fort Worth, TX 76196-0401 PHONE (817) 884-1195 CYNTHIA L WAHL 2549 CASTLE CIR FT WORTH, TX 76108 Submitter: CYNTHIA L WAHL DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 11/16/2018 10:49 AM Instrument#: D218254453 POA 5 PGS $28.00 By: V D218254453 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. : ao"ori�f•'. MARY LOUISE GARCIA +Now" COUNTY CLERK 100 West Weatherford Fort Worth,TX 76196-0401 ••• .•• PHONE (817) 884-1195 CYNTHIA L WAHL 2549 CASTLE CIR FT WORTH, TX 76108 Submitter: CYNTHIA L WAHL DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 11/16/2018 10:49 AM Instrument#: D218254453 POA 5 PGS $28.00 By: CCII D218254453 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.