HomeMy WebLinkAboutContract 25851 CITY SECRETARY
AGREEMENT FOR CONTRACT NO. C/
WATER AND WASTEWATER SERVICE
WHEREAS, the City of Fort Worth ("City") and Robert and Barbara Tejada , ("Customer")
entered into a Lease Agreement ("Lease") on February 19, 1982 , same being filed of record at
Volume 12582 , Page 2030 , of the Deed Records of Fort Worth, Tarrant County, wherein
City leased to Customer those certain Demised Premises ("Demised Premises") known as Lot
21,Block_L, Lake Worth Lease Survey, also known as 6441 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 Demised Premises which will include provisions
related to the operation and maintenance of the grinder pump.
NOW, THEREFORE, City and Customer agree as follows:
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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
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.
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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 �� l C� < 52000.
CITY OFT
RT ORT CUSTOMER
By:
AsSis-tWf City Manager Robert Tejada
u�V
Barbara Tejada
65y Secretary
APPROVED AS TO FORM AND LEGALITY
Nif) M MIA �I2��
Assistan. ity Attorney
Contract Authorf zation
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.
GI ER MY VAND AND SEAL OF OFFICE this �p2-` clay of
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4
i� va�PAH JANE ODLE otary Public, State exas
3 " fEOTARY PUBLIC
l* �1 State of Texas
Comm. Exp.01-29.2002 My Commission expires:
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersied authority, a Notary Public in and for the State of Texas, on
this day personally appeared—9.6r.,t 7G'�d-& Zra,,a�4-
known
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.
GIVEN UNDER MY HAND AND SEAL OF „ ,iEMS y of
� _ n MICHAEE L"
MY COMMISSION EXPIRES
September 14,2002
Notary Public, State of Texas
My Commission Expires:
vi(��GIDIa� '�G��D
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
grinder 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 made
free of charge during this period upon return of the defective parts or
equipment to the manufacturer or its nearest authorized service center.
G'EG'JE'@
I.g^ �l5lNu
2773 BALLTOWN ROAD.SCHENECTADY.NEW YORK 12309-1090
TELEPHONE 518-346-6161 •FAX 518-346-6186
http://www.eone_com