HomeMy WebLinkAboutContract 23516 CO>Y RACRTE(tl�RY&�I'(p.
AGREEMENT FOR
WATER AND WASTEWATER SERVICE
WHEREAS, the City of Fort Worth ("City"} and Marilyn K. Weiss CCustomee)
entered into a Lease Agreement ("Lease")on the 29 day of March 1985, same being filed of
record at Volume 12426 Page 1664 of the Deed Records of Fort Worth, Tan-ant County,
wherein City leased to Customer those certain Demised Premises ("Demised Premises") known
_ t as Lot 2 , Block 4 ,Lake Worth Lease Survey,also known as 800-1 Cahoba-Drive Fort Worth
Tarrant County,Texas; and
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WHEREA', a septic, systeni is cmeutty providing wastewater scrvifx to ft Drmind
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Premises; and
WHEREAS,City is designing a sanitary sewer main to provide wastewater service to the
Demised Premises and,upon completion of such design,will award a contract for the installation
of such main and all appurtenances thereto; and
WHEREAS, the design will involve the installation of a grinder pump on the Demised
Premises;and
WHEREAS, City and Customer have an interest in the protection of the quality of water
contained in Lake Worth, and both wish to protect such water quality and that the proper
operation and maintenance of the grinder pump is necessary for such protection- and
WHEREAS, City and Customer desire to enter into a service agreement for the provision
of water and wastewater utility service to the Demised Premises which will include provisions
related to the operation and maintenance of the grinder pump.
OINK 1000 RDD
NOW,THEREFORE, City and Customer agree as follows: CAW MCCEBRY
Attached as Exhibit "A" is a copy of the SPECIAL WARRANTY AND SERVICE
AGREEMENT covering the grinder pump. This warranty and service agreement is made a pan
hereof for all purposes.
2.
Customer shall be responsible for the proper operation and maintenance of the
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grinder pump and all appurtenances thereto, including. the service line up to the valve at the
property line of the Demised Premises, all hereinafter being referred to as the "Grinder Pump
System", installed on the Demised Premises for the purpose of providing adequate wastewater
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service to the Demised Premises.
3.
Subject to paragraph I above, Customer shall be responsible for and pay for all
costs and expenses related to or in any way connected with the operation and maintenance of the
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Grinder Pump System, including by way of example, but not limitation utility costs and repair
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costs. Customer shall notify the City in writing of any maintenance and/or repair work
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performed on the Grinder Pump System and shall include in such notification a copy of any
invoice associated with the maintenance and/or repair work. All notices required herein shall be
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sent to:
Fort Worth Water Department
Governmental Affairs
1000 Throckmorton Street
Fort Worth,Texas 76102
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4.
Charges for sanitary sewer service shall be based upon 900 cubic feet of water per month
or upon actual City water metered as determined by the Director of the Fort Worth Water
Department.
5.
Customer's failure to operate and maintain the Grinder Pump System and the failure to
pay for all costs and expenses related thereto shall constitute a breach of this Service Agreement
and authorize the City to discontinue water and/or sewer service to the Demised 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.
In the event of the expiration of the Lease or the early termination of the Lease for any
reason,the Grinder Pump System shall remain a part of the Demised Premises and shall never be
considered to be part of any improvements which Customer may remove.
7.
Upon the Demised Premises being sold to a third party, this Agreement shall terminate
further obligation to City hereunder, other than to pay for water
and Customer shall have no fin Ity
and/or wastewater service provided prior to the date of sale. If the Demised Premises are
purchased by Customer,then this Agreement shall continue in full force and effect.
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8.
This agreement shall become shall be binding upon any heirs, transferors, sublessees, t
purchasers,or assignees corning into possession of the land.
Signed this� r�r day of 44�.'Ua 199/
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CITY FO W R CUSTOMER. '
`
Mike Groorrier Maril. K. We' ds
Assistant City Manager
ATTEST:
Contract Authorizati.
City Secretary
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Date
APPROVED AS TO FORM AND ND LEGALITY
Assistan ity Attorney
F'
STATE OF TEXAS §
COUNTY OF TAR:RANT §
BEFORE ME,the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Mike Groomer, 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 North for the I
purposes and consideration therein expressed and in the capacity'Luerein stated.
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VEN UNDER. MY UAND AND SEAL OF OFFICE this � day of
19
��®yyeeer.r, r
'•. Notary Public,State f exas
% a, My Commission expires:
•�d e P R e F l r�4 '
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME,the un rsigo d au o ,a Notary Public in and for the State of Texas, an
this day personally appeared Viand known to me
to be the persons whose names are bscribed to the foregoing instrument, and acknowledged to
that they executed the same for the purposes and consideration therein expressed.
;J•"'4 GIVEN UNDER MY IIANI� AI�TD SEAL ®F OFFICE this _day of
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otary Public,State if Texas
My Commission Expires:
� BERDERiR lYRNE FPEL&60M �tJ� •�%/jj��
NOTARY PUBLIC
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State Epp. Texas 3.23 9&
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Exhibit "A"
environment one �
CORPIORATION :.
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Environment One Corporation provides a 5-year, 100%parts and labor
warranty against defects in materials and workmanship, on the complete �
grinder pump station and accessories as supplied and manufactured by ;r
Environment One including but not limited to the pump, motor, control panel,
and redundant check valve. The warranty is for a period of sixty(60)months a
alter either the date of Certification of Substantial Completion of the project
or August 1, 1997, whichever occurs first provided the station is properly
installed, serviced, and operated under normal conditions and according to �
manufactinzrer's instructions. This warranty does not cover vandalism or acts �
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of God. Any defects found during the warranty period win be reported to the {
manufacturer by the resident, and shall be repaired by the manufacturer or
manufacturer's service=representative. The manufacturees service
representative shall be on call for emergency service.
Repair or parts'replacement required as a result of such defect will be made
free of charge during this period upon return of the defective parts or
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e q P �i ment to the manufacturer or its nearest authorized service center. r
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2773 BALLTOWN ROAD-SCHENECTADY.NEW YORK 12309-1090
TELEPHONE 518-546-6161-FAX 518-346-6188
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