HomeMy WebLinkAboutContract 62134CSC # 62134
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 Ethan Romero ("Customer") for sanitary sewer services to the
property located at 8209 Lupine Circle East ("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.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
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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
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By • Dana Burghdoff(Cct'T7,202415':03 CDT)
Dana Burghdoff,
Assistant City Manager
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APPROVED AS TO FORM AND LEGALITY
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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.
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CUSTOMER
By:
Ethan R@nero
Walter Norwood, Sr. Professional Engineer, Water
OFFICIAL RECORD
4 CITY SECRETARY
Grinder Pump Agreement FT. WORTH, TX
D222146585 06/08/2022 09:27 AM Page: 1 of 3 Fee: $27.00 Submitter: Rattikin Title - Cultural District
Electronically Recorded by Tarrant County Clerk in Official Public Records
Vj MARY LOUISE NICHOLSON
COUNTY CLERK
[Space Above This Line For Recording Data]
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NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOnz
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FROM ANY INSTRUMENT THAT TRANSFERS AN INTERESA
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECO
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUM
Warranty Deed with Vendor s ien
Date: June 7, 2022
n
Grantor: CARLA A. LACOE, a single woman dually and as Independent Executor of
the Estate of Richard E. LaCoe, De \
Grantor's Mailing Address:
Grantee: ETHAN G.
Grantee's Mailing
Consideration:
to Circle
►rth, Texas 76135
County
TEN rvGrain
OLLARS ($10.00) andother good and valuable consideration,
th eipencyofwhich are hereby acknowledged, and a note of even
Zt utee and referred to as the first -lien note.
It lien note is payable to the order of MORTGAGE RESEARCH
Z, LLC DBA VETERANS UNITED HOME LOANS in the principal
of TWO HUNDRED FIFTY-FIVE THOUSAND SEVEN HUNDRED
FIFTY AND NO/100 DOLLARS ($255,750.00). To the extent of $250,000.00,
the first -lien note is secured by the first and superior vendor's lien against, and
superior title to, the Property retained in this deed in favor of MORTGAGE
RESEARCH CENTER, LLC DBA VETERANS UNITED HOME LOANS and is
also secured by a first -lien deed of trust of even date from Grantee to SCOTT R.
VALBY, trustee.
D222146585
Page 2 of 3
Property (including any improvements):
Lot 2, Block 1, ELLA YOUNG'S LAKE WORTH ADDITION to the City of Fort Worth,
Tarrant County, Texas, according to plat recorded in Volume 204, Page 81, Deed Records
of Tarrant County, Texas.
Property Address: 8209 Lupine Circle, Fort Worth, Texas 76135
Reservations from Conveyance:
SAVE AND EXCEPT, there is hereby reserved unto Grant o th , gas and
other minerals, if any, owned by Grantor in and under and that m r e from the
Property; however, Grantor hereby waives the right of ac , 'r s a n egr s to, over
and from the surface of the Property relating to the por o the ne estate reserved
by Grantor. Nothing herein, however, restricts or pro i its th p oling or unitization of
the portion of the mineral estate owned by Grantor wit 1 do e than the Property; or
the exploration or production of the oil, gas and er mi als means of wells that are
drilled or mines that open on land other than th erty, but enter or bottom under the
Property, provided that these operations 0*.*,�aani
�ejr interfere with the surface or
subsurface in any manner, including, with, support of any improvements
constructed or to be constructed on theQp
Exceptions to Conveyance and W
This conveyance is m a cNCeJ s bject to the following matters, to the extent
the same are in eff ct e this instrument, relating to the hereinabove
described prope es 'cti s f record, if any; Reservations of mineral and/or
royalty interests r o i ny; Terms, conditions. and stipulations contained in
any Oil, Gas, an e I ses, if any; Easements and set backs of record, if any,
and to all egulations and ordinances of municipal and/or other
governmen 1 uth ri ies, if any.
Gr r �e—Consideration and subject to the Reservations from Conveyance and the
Exc ti o on ance and Warranty, grants, sells, and conveys to Grantee the Property,
ogeth I d singular the rights and appurtenances thereto in any way belonging, to have
a to ho it o rantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor
a d an r' heirs and successors to warrant and forever defend all and singular the Property to
Gra ee a Grantee's heirs, successors, and assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof, except as to the Reservations from Conveyance
and the Exceptions to Conveyance and Warranty.
Warranty Deed with Vendor's Lien Page 2 of 3
D222146585
Page 3 of 3
The vendor's lien against and superior title to the Property are retained until each note
described is fully paid according to its terms, at which time this deed will become absolute.
MORTGAGE RESEARCH CENTER, LLC DBA VETERANS UNITED HOME
LOANS, at Grantee's request, has paid in cash to Grantor that portion of the purchase price of the
Property that is evidenced by the first -lien note. The first and superior vendor's lien against and
superior title to the Property are retained for the benefit of MORTGAGE RESEARCH CQ4TER,
LLC DBA VETERANS UNITED HOME LOANS and are transferred to MORGE
RESEARCH CENTER, LLC DBA VETERANS UNITED HOME LOANS
Grantor to secure the first -lien note.
When the context requires, singular nouns and pronouns include
0110� Ce(-s
CARLA A. LAExecutor of t
Deceas
STATE OF TEXAS §
0
COUNTY OF TARRANT �<
on
Eft
ly and as Independent
Richard E. LaCoe,
This instrument s d d before me on V V 2022, by
CARLA A. LACOE, a s' e o , individually and as Independent Executor of the Estate of
Richard E. LaCoe, c se
P4:.- RIGHT
to P , state of Texas
co xpireso5-28-2o2s Notary Public, StaTexas
q otarvID12943734-0 '
^ My commission expires:
CORDING RETURN TO:
ROMERO
8209 Lupine Circle
Fort Worth, Texas 76135
Warranty Deed with Vendor's Lien
Page 3 of 3