HomeMy WebLinkAboutContract 61050CSC # 61050
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 Lazaro Reyes Jr. ("Customer") for sanitary sewer services to the property located
at 7321 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:
199. In order to provide sanitary sewer service to Customer:
uuu. 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.
OFFICIAL RECORD
CITY SECRETARY
City -Owned Grinder Pump Sewer System Service Agreement FT. WORTH, TX 98
vvv. 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.
www. City shall have the right to inspect, maintain and, when needed, repair, the
Grinder Pump System.
xxx. 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.
200. 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.
201. 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.
202. Customer agrees to provide emergency power to the Grinder Pump in accordance
with the manufacturer's specifications.
203. 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 99
204. Customer shall not relocate the Grinder Pump System. If Customer desires to have
the Grinder Pump System relocated, Customer may request such relocation from the
City's Water Department. Customer will be responsible for all costs related to a
Customer -initiated relocation.
205. 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.
206. 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.
207. 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.
208. Any amendments to this Agreement must be in writing and signed by both the City
and the Customer.
209. 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 100
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 OF FORT WORTH
By:G/i
Dana Burghdoff, sista t ity Manager
ATTEST
Jannette S. Goodall
City Secretary
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APPROVED AS TO FORM AND LEGALITY
sst tat t City Attorney
Contract Compliance Manager
CUSTOMER
By: Q.
Laza •o yes Jr.
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By signing, I acluiowledge that I am the person responsible for the monitoring and the
administration of this Agreement, including ensuring all performance and reporting requirements.
W&�vr Nlorwva
Walter Norwood, Sr. Professional Engineer, Water
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City -Owned Grinder Pump Sewer System Service Agreement 101
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 day of '-feb"#1 , 2024.
✓ °� Rebecca J Reese 1!
My Commission Expires N tart' Public,lte Of T XaS
2/14/2026
Notary ID
a 5149109
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 Lazaro Reyes Jr., executor for the David Wayne Rollin Living Trust,
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.
Notary Public, Stat Texas
City -Owned Grinder Pump Sewer System Service Agreement 102