HomeMy WebLinkAboutContract 62130CSC # 62130
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 Darunee Moore ("Customer") for sanitary sewer services to
the property located at 8321 Lupine Circle ("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.
OFFICIAL RECORD
1 CITY SECRETARY
Grinder Pump Agreement 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.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 WORTH CUST ER
Tam 3eI�i
By :Dana Burghdoff (Oct 2024 CDT) B
Dana Burghdoff, Assistant City Manager Darunee Moore
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City Secretary
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.
Walter Norwood, Sr. Professional Engineer, Water
4
Grinder Pump Agreement
Page 1 of 3
Electronically Recorded Tarrant County
LT GF# 20590027 ic1RI Public Records 12/26/2013 3:42 PM D213322779
� PGS 3 $24.00
NOTICE OF C ENTIA��'1` "ft1GHTS: lF YgRAU �EPWI p,� I�SON,
YOU MAY RE EuiE01�arVfRIKE ANY OR ALL FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT 1S FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
General Warranty Deed
Date: DECEMBER 13, 2013
Grantor: STEVEN MARTIN, a single person
Grantor's Mailing Address:
STEVEN MARTIN
i(.Poo W. -1 15t5
nlr�, tnlf)lr"n .-TX
Grantee; DAN MOORE and DARUNEE MOORE, husband a d ife
Grantee's Mailing Address:
DAN MOORE and DARUNEE MOORE
;'76<� boS+- (,TeeA1 - MJ41- -N e-6o -r" c --Ii o o 9 I t
Cash and other good and valuable
acknowledged. n
Property (including any
LOT 19R, BLOCK
WORTH IN TARW
IN CABINET A, SLI
receipt and sufficiency of which are hereby
V RTH LEASES, AN ADDITION IN THE CITY OF FORT
EXAS, ACCORDING TO THE PLAT THEREOF RECORDED
RECORDS, TARRANT COUNTY, TEXAS.
DW's heirs, successors, and assigns forever, a reservation of all oil, gas, and
and that may be produced from the Property. If the mineral estate is subject
i existing lease, this reservation includes the production, the lease, and all
,gives and conveys to Grantee the right of ingress and egress to and from the surface of
ng to the portion of the mineral estate owned by Grantor.
Nothing herein, however, restricts or prohibits the pooling or unitization of the portion of the
mineral estate owned by Grantor with land other than the Property; or the exploration or production of the
oil, gas, and other minerals by means of wells that are drilled or mines that open on land other than the
Property but enter or bottom under the Property, provided that these operations in no manner interfere
with the surface or subsurface support of any improvements constructed or to be constructed on the
Property.
Genera! Warranty Deed Page 7 of 3
Page 2 of 3
LT GF# 2059002722 PS
Exceptions to Conveyance and Warranty:
. Validly existing restrictive covenants common to the platted subdivision in which the Property is
located; standby fees, taxes, and assessments by any taxing authority for the year 2014 and subsequent
years, and subsequent taxes and assessments by any taxing authority for prior years due to change in
land usage or ownership; validly existing utility easements created by the dedication deed or plat of the
subdivision in which the Property is located; any discrepancies, conflicts, or shortages in area or
boundary lines, or any encroachments or protrusions, or any overlapping of improvements; homestead or
community property or survivorship rights, if any, of any spouse of Grantee; and any validly existing ' les
or rights asserted by anyone, including but not limited to persons, the public, corporations, govern s,
or other entities, to (1) tidelands or lands comprising the shores or beds of navigable or peren ' I ri e
and streams, lakes, bays, gulfs, or oceans, (2) lands beyond the line of the harbor or bulkhe n
established or changed by any government, (3) filled -in lands or artificial islands, ( wa s,
including riparian rights, or (5) the area extending from the line of mean low tide to the ' � g tati
or the right of access to that area or easement along and across that area.
Grantor, for the Consideration and subject to the Reservations fro ve a e nd the
Exceptions to Conveyance and Warranty, grants, sells, and conveys t ant a he ro ert gether
with all and singular the rights and appurtenances thereto in any wa a ng, o nd to hold it to
Grantee and Grantee's heirs, successors, and assigns forever. r tar bi or and Grantor's
heirs and successors to warrant and forever defend all and si g ar the r perty to Grantee and
Grantee's heirs, successors, and assigns against every person who s ver Hy claiming or to claim
the same or any part thereof, except as to the Reservatigs from veya and the Exceptions to
Conveyance and Warranty.
When the context requires, singular nouns and n r
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STATE OF TEXAS
COUNTY OF T
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before me on �Uft U , 2013, by
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Genera! Warranty Deed Page 2 of 3
Page 3 of 3
LT GF# 2059002722 PS
AGREED TO AND ACCEPTED BY GRANTEE:
DAN MOORE
DARUNEE MOORE.
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on
MOORE and DARUNEE MOORE.
DUSTIN ,f. CELLAR
_z Notary Public, Staffs of Texas Notary P ic, to
my Commission Expires My Gois ON
August 20, 2016
PREPARED IN THE OFFICE OF; Q
THE STEGALL FIRM, PLLC
1100 E SOUTH LAKE BLVD 0
SOUTHLAKE, TX 76092
AFTER RECORDING TU O:
DAN MOORE
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of
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013, by DAN
General Warranty Deed Page 3 of 3