The URL can be used to link to this page

Home My WebLink AboutContract 59223CSC # 59223 CITY -OWNED GRINDER PUMP SEWER SYSTEM SERVICE AGREEMENT FOR SEWER SYSTEM RE-ROUTE This Agreement regarding Grinder Pump Sewer Systems ("Service Agreement" or "Agreement") is entered into by and between City of Fort Worth (the "City") and Calvin and Dawn Cunningham ("Customer.") for sanitary sewer services to the property located at 8908 Sunrise Point Ct ("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, 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. The installation shall include routing, re-routing or connecting the existing sewer service from the home to the Grinder Pump System. 1 OFFICIAL RECORD Grinder Pump Agreement CITY SECRETARY FT. WORTH, TX 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. b. 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. C. City shall have the right to inspect, maintain and, when needed, repair, the Grinder Pump System. d. 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 2 Grinder Pump Agreement 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. 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. 8. 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. 9. 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. 10.Any amendments to this Agreement must be in writing and signed by both the City and the Customer. ll.`I'his 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 WORTH Dana BUf'GlhdoAc By: Dana Burghdoff(Ap 2,202311:12 CDT) Dana Burghdoff, Assistant City Manager a°p�moo°�°°FqR oo ,°ooATTEST: o° 9♦0d =� APO do iEXASoa �p _ IlVanaao City Secretary APPROVED AS TO FORM AND LEGALITY ✓L�ii�rs ..�ta� 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. CUSTOMER Calvin Currr Ingham Dawn Cunningham 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 12th day of April 2023. ----- o�pRYPUe/ SELENA ALAS 2 Notary Public •®• STATE OF TEXAS Selena Ala (Apr 12, 2023 13:13 CDT) 9�oFP� Notary I.D. 132422528 Notary Public, State of Texas My Comm. Exp. Mar. 31, 2024 5 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 Calvin Cunningham, 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 14d day of. 2023. ►►►uiuu„. Notary Public, tate of Texas 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 Dawn Cunningham, 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 /aday of 2023. ��\11111I1Ilfl///� SHINS^ii Nip Q' • TFOF�� O, y 11003s'\10 // �/� 11111111OO\ Notary Public, Sate of Texas 6 Grinder Pump Agreement