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HomeMy WebLinkAboutContract 62135CSC # 62135 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 Mitchel and Patricia Kraker ("Customer") for sanitary sewer services to the property located at 7560 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: 1. In order to provide sanitary sewer service to Customer: a. 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 FT. WORTH, TX b. 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. 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 or damage to the City's Collection Facility. 2. 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. 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 agrees to disclose the existence of the Grinder Pump System, this Agreement, and the Easement to any future purchaser of the Property. 4. Customer agrees to provide emergency power to the Grinder Pump in accordance with the manufacturer's specifications. 5. 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. 6. Customer shall not relocate the Grinder Pump System. If Customer desires to have the Grinder Pump System relocated, Customer may request such relocation fi•om the City's Water Department. Customer will be responsible for all costs related to a Customer - initiated relocation. 7. 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 bind 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. 8. 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. 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 new owner of the Property and the new owner of the Property shall assume all duties and obligations under this Agreement. 10. Any amendments to this Agreement must be in writing and signed by both the City and the Customer. 11. 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 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 D h B r h o By: Dana Bnrghdoff (Oct 1 , 202415:03 CDT) Dana Burghdoff, Assistant City Manager ATTEST: Jannette S. Goodall City Secretary 4,bovnapn� p F F�Rr�aa pFo oaP pda TEXASo4d Ilbaaaaaa APPROVED AS TO FORM AND LEGALITY Assistant City Attorney Contract Compliance Mana¢er CUSTOMER�� Y Mitchel Trustee for Kracker Family Living Trust k OkE P, Patricia Alva-Kraker, Trustee for Kraker Family Living Trust 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. u/a4b-1.1t16"U11&1-d P.(�— Walter Norwood, Sr. Professional Engineer, Water OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 3 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. General Warranty Deed Date: February 13, 2020 Grantors: PATRICIA ALVA-KRAKER AND MITCHEL SAM KRAKER, HUSBAND AND WIFE Grantors' Mailing Address: Patricia Alva-Kraker and Mitchel Sam Kraker 7560 Love Circle Fort Worth, Texas 76135 Grantee: Mitchel Sam Kraker and Patricia Alva-Kraker, Trustees, or their interest, under the Kraker Family Living Trust dated February 1 r amendments thereto Grantee's Mailing Address: Mitchel Sam Kraker and Patricia Alva-Krake , T ee Q� r successors in interest, under the Kraker Family Living Tru ated F 13, 2020, and any amendments thereto 7560 Love Circle Fort Worth, Texas 76135 Consideration: Cash and other good and valuable coma at t} e r ipt and sufficiency of which are hereby acknowledged. Property (including any improver ts): LOT 6, BLOCK 4, LEASES, TO THE CITY OF FORT WORTH, TARRANT C TY, ACCORDING TO THE PLAT RECORDED IN CABINET A, . I L RECORDS, TARRANT COUNTY, TEXAS. Commonly no as�5V Love Circle, Fort Worth, Texas 76135. Reservations from—Colav4aukel None. Excepti t C ve�Qn� and Warranty: None. Th co e e is made and accepted subject to the following matters, to the extent the same are in ffe at th t date of this instrument, relating to the hereinabove described property: Restrictions of recor i servations of mineral and or/royalty interests of record; if any; Terms, conditions, and stipulati tained in any Oil, Gas, and Mineral Leases, if any; Easements and set backs of record, if any and to all zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and 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. By acceptance of this Deed, Grantees shall be bound to hold the Property as trustees upon the terms and conditions of the agreement creating the Kraker Family Living Trust dated February 13, 2020, which trust is a "Qualifying Trust," as defined under the Texas Tax Code, Section 11.130), including any amendments. When the context requires, singular nouns and pronouns include the plural. This instrument was prepared based on information furnished by the parties, and no independent Page 2 of 3 title search has been made. PATRICIA ALVA-KRAKER, Grantor MITCHEL SAM KRAKER, Grantor STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on February 13, 2020, by PATRICIA ALVA- KRAKER. -`- - pMATTHEW L. DAVIDSON Notary Public, State of Texas ai:�Q yc" Comm. Expires 05-30.2022 Notary Public, State of Texas Notary ID 129716814 My commission expires: May 30, 2( 2C) STATE OF TEXAS ) COUNTY OFTARRANT ) This instrument was acknowledged before me pp Febru 20, by MITCHEL SAM KRAKER N MATTHEW L. DAVIDSON 3=i 4�Notary Public, State of Texas ? rie Comm. Expires 05.30-2022 Notary ID 129716814 ' � C PREPARED WITHOUTOPINION OR REVIEW OF TITLE BY: Davidson Law Group. PLLC 320 Purcey St. Fort Worth, Texas 76102 late of Texas expires: May 30, 2022 AFTER RECORDING RETURN TO: Davidson Law Group, PLLC 320 Purcey St. Fort Worth, Texas 76102 Page 3 of 3 By: MARY LOUISE NICHOLSON COUNTY CLERK 100 West Weatherford Fort Worth, TX 76196-0401 PHONE (817) 884-1195 DAVIDSON LAW GROUP PLLC 320 PURCEY ST FT WORTH, TX 76102 Submitter: DAVIDSON LAW GROUP PLLC DO NOT DE RO WARNING - THIS IS PART OFN OFFICIAL RECORD. F' I i ed For Registration. Instrument #: IO:�kc D 220036140r� 2/14/2020 1v0 A D220036140 WD 3 PGS O 1 $23.00 ANY MRVII)SIO USE F I ODOR ORIRACE IiS INVALID AND UNENFORCEABLE OUNDERIFEDERAL LAW.