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Home My WebLink AboutContract 63247Date Received: 5/12/2025 Time Received: 11:46 a.m. City Secretary No.: 63247 CITY -OWNED GRINDER PUMP SEWER SYSTEM SERVICE AGREEMENT This CITY -OWNED GRINDER PUMP SEWER SYSTEM SERVICE AGREEMENT ("Service Agreement" or "Agreement") is entered into by and between the City of Fort Worth ("City") and JHMB Properties, LLC ("Customer") for sanitary sewer services to the property located on Lot 39R-1, Block 29, Lake Worth Lease, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in the plat thereof filed in the plat records of Tarrant County, Texas as instrument number D225008121 ("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, City desires to reduce the number of private septic sewer systems around Lake Worth in an effort to improve water quality of the lake. 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, Customer desires to install a Grinder Pump System that City will maintain, to connect Customer's Property to the City's Collection Facility; and WHEREAS, Customer has dedicated 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: Grinder Pump Agreement OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX a. Customer shall install/construct a Grinder Pump System on the Property including the electrical service line required to connect to the Customer's power supply, pursuant to a community facilities agreement. The customer shall be responsible for the installation of piping including routing, re-routing or connecting the existing sewer service from the home to the Grinder Pump System. 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 has granted the City a permanent easement, including a right of entry onto the Property for the purpose of inspecting, maintaining and repairing the Grinder Pump System as shown on the plat of the Property recorded in the plat records of Tarrant County, Texas in instrument number D225008121. 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 the City shall not be responsible for providing any power or back-up power to provide emergency power to the Grinder Pump during any power outages. During any power outages, Customer shall be responsible to provide power to the Grinder Pump in accordance with the manufacturer's specifications. In addition, Customer agrees that any sanitary sewer overflows that occur as a result of any interruption or outage of power shall be Customer's sole responsibility to address and correct, including any liability for any environmental damage that occurs are a result of such overflows. 2 Grinder Pump Agreement 5. Customer has the responsibility to understand and comply with the proper use of the Grinder Pump according to the manufacturer's manual. 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 Property in accordance with City policies. In the event 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 according with then existing ordinances and regulations 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 for relocation of the Grinder Pump System. Customer shall be responsible for all costs related to a customer -initiated relocation. 7. CUSTOMER, AND ITS SUCCESSORS AND ASSIGNS, HEREBY RELEASE, ACQUIT AND FOREVER DISCHARGE THE CITY AND ITS REPRESENTATIVES FROM ALL CLAIMS, DEMANDS OR CAUSES OF ACTION OF ANY KIND THAT CURRENTLY EXIST OR MAY EXIST 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 MAINTENANCE OF THE GRINDER PUMP SYSTEM BY THE CITY. 8. EXCEPT AS STATED ABOVE, CUSTOMER, ITS SUCCESSORS AND ASSIGNS, AGREE TO INDEMNIFYAND 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. 10. Any amendments to this Agreement must be in writing and signed by both the City and the Customer. 3 Grinder Pump Agreement 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 Grinder Pump Agreement each Man CIT' Y, City and Customer hereby enter into this Agreement as indicated by 'fixed hereto, effective as of the date signed by the City's Assistant City TH By: J�s ica McEa(hern Ass iE tant City Manager ovvogq fRt°Odd ATTEST: o°d °o �$ duo o=o ° nEXA?aAQ' Jannette Goodall City Secretory APPROVED AS TOJORM AND LEGALITY Richard McCracken (May 4, 200 09:01 CDT) Ric Sr. No Foi Grinder Pump Agreement CUSTOMER JHMB Properties, LLC By. Michae)XIarnard Manager Date: 4'' Z' 2S OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the and rsigned authority, a Notary Public in an i for the State of Texas, on this day personally appeared r rurt� known *.o 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 gY '-� \ ata6 . Notary Pub�likc,Stake of Texas `�1111'IfJJttJ 5d 31y O% �y O r • v Q:U P 0. :CJ ry:� op•i Grinder Pump Agreement �•� day of My Commission V�xpires: n a i l"s ) 5 ACKNOWLEDGMENT 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 Jesica McEachern, Assistant City Manager 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 she 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 12th day of May , 2025 y,+Q PaY.p,�� Notary Public, State of Texas v' • N q 'sip F OfgR:' ��i tc �''••�3b5481.• 9 �� 43' ,/25 Signature:5�. Email: allison.tidwell@fortworthtexas.gov 7 Grinder Pump Agreement