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Home My WebLink AboutContract 61048CSC # 61048 CITY -OWNED GRINDER PUMP SEWER SYSTEM SERVICE AGREEMENT This City -Owned Grinder Pump Sewer System Service Agreement (the "Agreement") is entered into by and between City of Fort Worth (the "City"), a home -rule municipality of the State of Texas, and James and Cheryl Laney ("Customer") for sanitary sewer services to the property located at 7508 Love Circle (the "Property"). RECITALS WHEREAS the City owns, operates and maintains a centralized sanitary sewer collection and treatment facility (the "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 with the Grinder Pump, the "Grinder Pump System") to transport sewage to the Collection Facility; and WHEREAS the elevation or slope of the Property in relationship to the location of the City's Collection Facility requires the installation of a Grinder Pump System to transport 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 allow the use of a Grinder Pump System by a Customer only under terms and conditions set forth in a service agreement; and WHEREAS Customer desires to have the City install and maintain a Grinder Pump System on the Property to connect Customer to the City's Collection Facility; and WHEREAS Customer agrees to dedicate an easement to the City 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: 56. In order to provide sanitary sewer service to Customer: u. The City will install a Grinder Pump System on the Property, including the necessary electrical service line for connection to the Customer's power supply. The City's installation will include routing, re-routing, or connecting the existing City's Collection Facility to the Grinder Pump System. The Customer assumes sole responsibility for all plumbing, pipes, or related appurtenances essential for connecting the Grinder Pump System to the Customer's residence on the Property. City -Owned Grinder Pump Sewer System Service Agreement OFFICIAL RECORD 30 CITY SECRETARY FT. WORTH, TX v. Customer agrees to privately retain and pay the costs associated with providing a dedicated electrical connection and service capable of powering the Grinder Pump. This connection will extend from the primary electrical control panel of the residence on the Property to a location, usually attached to the residence, in close proximity to the Grinder Pump. Customer will be solely responsible for all electricity charges attributable to the Grinder Pump as may be incurred through Customer's electric service provider. w. City shall have the right to inspect, maintain and, when needed, repair, the Grinder Pump System. x. 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 or damage to the City's Collection Facility. 57. Contemporaneously with this Agreement, Customer grants to City a permanent easement, as outlined in Exhibit "A," (the "Easement") that includes a right -of -entry onto the Property. This Easement is granted for the explicit purpose of installing, constructing, inspecting, maintaining, and repairing the Grinder Pump System. Upon installation of the Grinder Pump System, the City will obtain a metes and bounds survey depicting the precise location of the Grinder Pump System and the Easement will be limited to the actual location of the installed Grinder Pump System. 58. 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 agrees to disclose the existence of the Grinder Pump System, this Agreement, and the Easement to any future purchaser of the Property. 59. Customer agrees to provide emergency power to the Grinder Pump in accordance with the manufacturer's specifications. 60. Customer is obligated to understand and adhere to the appropriate use of the Grinder Pump as outlined in the manufacturer's manual provided by the City. Any interference with the Grinder Pump System by the Customer, except in the case of a bona fide emergency, or Customer's intentional introduction of prohibited materials into the Grinder Pump System, shall constitute a breach of this Agreement. In such instances, the City reserves the right to discontinue water and/or sewer service to the Property in accordance with City policies. In the event that water and/or sewer service is terminated, Customer shall be responsible for any and all costs related to the termination of such services and for the reinstatement of service in accordance with City policies and ordinances. City -Owned Grinder Pump Sewer System Service Agreement 31 61. Customer shall not relocate the Grinder Pump System. If Customer desires to have the Grinder Pump System relocated, Customer may request such relocation fiom the City's Water Department. Customer will be responsible for all costs related to a Customer - initiated relocation. 62. Customer, its successors and assigns, hereby releases, acquits and forever discharges City, its officers, directors, employees, and 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. 63. Customer, its successors and assigns, agrees to indemnify and hold harmless the City, its officers, directors, employees, and representatives from any claims or damages associated with or arising from design, installation, operation, or maintenance of the Grinder Pump System. 64. 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 new owner of the Property and the new owner of the Property shall assume all duties and obligations under this Agreement. 65. Any amendments to this Agreement must be in writing and signed by both the City and the Customer. 66. 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 City -Owned Grinder Pump Sewer System Service Agreement 32 ACCORDINGLY, City and Customer hereby enter into this Agreement as indicated by each party's signature affixed hereto, effective as of the date executed by the City. CITY O;71) WORTH By: Dana Burghdo , Assi t City Manager on,, ATTEST: Po�FO. % Oro -Id V Qpan nE4p5a4 Jannette S. Goodall City Secretary APPROVED AS TO FORM AND LEGALITY A i to City Attorney Contract Compliance Manager C - S OMER By: Q nT G times Laney Cheryl L"aney By signing, I acknowledge that I am the person responsible for the monitoring and the administration of this Agreement, including ensuring all performance and reporting requirements. WALL-er NlorWV4 Walter Norwood, Sr. Professional Engineer, Water OFFICIAL RECORD City -Owned Grinder Pump Sewer System Service Agreement CITY SECRETARY 33 FT. WORTH, TX 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 cQeday of lebru A4, 2024. Rebecca J Reeser My Cot/14/2026Expire8 No ry Public, Stat f T xe a * Notary 14 109D City -Owned Grinder Pump Sewer System Service Agreement 34 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 James Laney, 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 71h day of February, 2024. 2 Notary Public, State o cxas s i •. / F 3�1 STATE OF TEXAS IS� � � & COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Cheryl Laney, 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 71h day of February, 2024. \Illuuuuu/�� s • U'j h P r •'. 9rFOFj�1 : Notary Public, State Texas City -Owned Grinder Pump Sewer System Service Agreement 35