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HomeMy WebLinkAboutContract 25847 CITY SECRE4 AGREEMENT FOR CONTRACT Np Y 5,yVZ WATER AND WASTEWATER SERVICE WHEREAS, the City of Fort Worth ("City") and Scott and Georgeanna Pruitt , ("Customer") entered into a Lease Agreement ("Lease") on February 1, 1988 , same being filed of record at Volume 12458 , Page 2051 , of the Deed Records of Fort Worth, Tarrant County, wherein City leased to Customer those certain Demised Premises ("Demised Premises") known as Lot 14 , Block 2 , Lake Worth Lease Survey, also known as 6609 Cahoba Drive Fort Worth, Tarrant County, Texas; and WHEREAS, a septic system is currently providing wastewater service to the Demised Premises; and WHEREAS, City is designing a sanitary sewer main to provide wastewater service to the Demised Premises and, upon completion of such design, will award a contract for the installation of such main and all appurtenances thereto; and WHEREAS, the design will involve the installation of a grinder pump on the Demised Premises; and WHEREAS, City and Customer have an interest in the protection of the quality of water contained in Lake Worth, and both wish to protect such water quality and that the proper operation and maintenance of the grinder pump is necessary for such protection; and WHEREAS, City and Customer desire to enter into a service agreement for the provision of water and wastewater utility service to the Deniised Premises which will include provisions related to the operation and maintenance of the grinder pump. NOW, THEREFORE, City and Customer agree as follows: 1 1. Attached as Exhibit "A" is a copy of the SPECIAL WARRANTY AND SERVICE AGREEMENT covering the grinder pump. This warranty and service agreement is made a part hereof for all purposes. 2. Customer shall be responsible for the proper operation and maintenance of the grinder pump and all appurtenances thereto, including the service line up to the valve at the property line of the Demised Premises, all hereinafter being referred to as the "Grinder Pump System", installed on the Demised Premises for the purpose of providing adequate wastewater service to the Demised Premises. 3. Subject to paragraph 1 above, Customer shall be responsible for and pay for all costs and expenses related to or in any way connected with the operation and maintenance of the Grinder Pump System, including by way of example, but not limitation utility costs and repair costs. Customer shall notify the City in writing of any maintenance and/or repair work performed on the Grinder Pump System and shall include in such notification a copy of any invoice associated with the maintenance and/or repair work. All notices required herein shall be sent to: Fort Worth Water Department Governmental Affairs 1000 Throckmorton Street Fort Worth, Texas 76102 2 4. Charges for sanitary sewer service shall be based upon 900 cubic feet of water per month or upon actual City water metered as determined by the Director of the Fort Worth Water Department. 5. Customer's failure to operate and maintain the Grinder Pump System and the failure to pay for all costs and expenses related thereto shall constitute a breach of this Service Agreement and authorize the City to discontinue water and/or sewer service to the Demised Premises 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 accord with then existing Ordinances of the City. 6. In the event of the expiration of the Lease or the early termination of the Lease for any reason, the Grinder Pump System shall remain a part of the Demised Premises and shall never be considered to be part of any improvements which Customer may remove. 7. Upon the Demised Premises being sold to a third party, this Agreement shall terminate and Customer 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. If the Demised Premises are purchased by Customer, then this Agreement shall continue in full force and effect. 3 8. This agreement shall become shall be binding upon any heirs, transferors, sublessees, purchasers, or assignees coming into possession of the land. Signed this_ day of_�n A , 2000. CI T`�' JOWJTH STOM By: T -- Assistant City Manager Scott Pruitt A T: Pruitt f () P 0 Lmprp n A(��)A ,e eexT nAOL ity Secreta .,S- /a6--too APPROVED AS TO FORM AND LEGALITY 94Q4j ISD you 1 r2,c-y Assistan ty Attorney Contract Authorization Date 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 Mike Groomer, 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 HAND AND SEAL OF OFFICE this day of JOAO 4 Notary Public, State f exas e SARAH JANE ODLE My Commission expires: NOTARY PUBLICState of TexasComm. Exp.01-29-2002 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 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. zs. GIVEN UNDER MY HAND AND SEAL OF OFFICE this — day of Q � t •E SANDRA B.RANKIN Notary Public, State of Texas MY COMMISSION EXPIRES - _ OCTOBER 6,2001 My Commission Expires: 5 Exhibit "A" environment I one CORPORATION Environment one Corporation provides a 5-year, 100%parts and labor warranty against defects in materials and workmanship, on the complete gender pump station and accessories as supplied and manufactured by Environment one including but not limited to the pump, motor, control panel, and redundant check valve. The warranty is for a period of sixty (60) months after either the date of Certification of Substantial Completion of the project or August 1, 1997, whichever occurs first provided the station is properly installed, serviced, and operated under normal conditions and according to manufacturer's instructions. This warranty does not cover vandalism or acts of God. Any defects found during the warranty period will be reported to the manufacturer by the resident, and shall be repaired by the manufacturer or manufacturer's service representative. The manufacturer's service representative shall be on call for emergency service. Repair or parts replacement required as a result of such defect will be nade free of charge during this period upon return of the defective parts or equipment to the manufacturer or its nearest authorized service center. 2773 BALLTOWN ROAD-SCHENECTADY.NEW YORK 12309-1090 TELEPHONE 518-346-6161 •FAX 518346-6188 http,.Ilwww.eonG.com