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HomeMy WebLinkAboutAUTH-03-2015-058195.TIF Sep 11 17 09:41p p.2 J.C.• 'Moore Maintenance Contract State of North Carolina (It A- County of 0. -ckku 6 Permit Number THIS AGREEMENT is made and entered into this the>7ei,d y of an 5--/-7- 20 l (� cy and between 1)01..v-f-,0,0, fZe a-/ U G. (hereina the `Owner') and re- (hereiirrafier the 'Contractor). " WITNESSETH WHEREAS, the Owner owns or controls the property upon which a ground absorption sewage treatment system (hereinafter 'system') is installed, such system being designated a Type IVA system under the Rules for Sanitary Sewage Collection, Treatment and Disposal fount at 15A N.C. Admin. Code 18A_ 1900 et seq.; and WHEREAS, 15A N.C. Admin. Code 18A 1961 requires a contract to be executed between the system owner and a management entity prior to the issuance of an =•`-`en Permit for said system; and WHEREAS, 15A NLC. Admin. Code 18A 1961 requires that a co of the Operator. Permit for said system be that a properly executed contract between the system owner and a management entity shall be in effect for as long as the system is in use; and WHEREAS, the Contractor is a management entity of a type authorized by 15A. N.C. Admin. Code. 18A 1961 to manage a Type IY— 4' system. NOW THEREFORE, in consideration of the premises and of the mat covenants ago promises contained in this Agreement, it is hereby agreed by and between.The Owner and the Contractor as stipulated below. 1 . The Contractor's Obligations. The Contractor shall perform the Ong set.iyes cr. the owners systems located 14 at. ��,t H `3` vi. , A. The Contractor shall inspect the system at least at the 'requency re :sired " _ao e `b; of 15A N.C. Admin_ Code 18A. 1961 (b) for a-Type Rsystem. B. The Contractor shall perform the following routine rnain€eoance accordance with the conditions of the lion Permit. Sep 11 17 09:41p p.3 (1) Inspect the structural integrity and maintain all of the physical and mechanical components of the system. (2) Inspect the performance and condition of the drain field. (3) Flush and dean the laterals of the system. (4) Check and set pressures in the system. (5) Check and adjust pump delivery rate of the system. (6) Clean septic tank filter if applicable and accessible. (7) Perform any other requirements of the Operations Permit. C. The Contractor shall report the result of its inspections to home Owner after each Inspection and to the local Health Department at the frequency speatied in Table V (b) of 15A N.C. Admin. Code 18A 1961 (b) for a Type$' (Systerm. D. if an inspection indicates the need for system repairs, the Corr shall nay the local Hea#11 Department within 48 hours of the inspection_ E. The Contractor shalt notify the Owner of needed repairs, which are outside the scope of routine maintenance described in subparag-alph (b) above. The Cortratt0T shall perform necessary repairs to the system that require the use of hand tons only at the request of the Owner and shall be entitled to payment therefore at the Cis nemiai charge for services and materials. The Contractor shall not perform repairs that require the use of heavy equipment, electrical license or plumbing license. 2. The ms's Oons. A The Owner shall pay the Contractor upon signing this contra, the sum of for the first year of periodic inspecticris, routine Rice procedures and periodic reports: The annual fee may be renewed at the end of each 12 - The annual fee may be anierd upon sixty (60) days advance notice to the Cramer but may not increase more that 20 percent per year. The Owner shall pay in tie Mewing methods ) to be paid at the time of the signing of this agreement and to be paid before the second std won. ,2 dollars to be paid at the time of the signing of this agreement. B. The Owner shall pay to the Contractor his normal and for any Wei* Performed on the system ��o'2 &Mats per hour, with rntiviiMailiti of€ne hour. ofus cost of m (s) as a result of nonscheduled service or maintemliele daft. . i fees for nonscheduled service or maintenance are due and payable volliri trilAv ( ) cam` of bWrio Payments due to the Contractor and unpaid by the Owner of (3) days shell accrue interest from the due date until paid at a rate of 1.5 percent per morel. Sep 11 17 09:42p p.4 C. The Owner shall keep the area of the septic system drain field properly mowed and protected from traffic. The Owner shall keep the clesigrrated repair area reserved for future. repair to the septic system. D. The Owner shall provide the Contractor with such access to the system as is reasonably necessary for the Contractor-to comply with the terms of this Agreement 3_ Term: This Agreement shad remain in effect until termination. A. Automatic Termination This Agreement shall automatically terminate if the Operation Permit for the system .s revoked and all appeals of the revoca§on are exhausted or time f r tag an meal has passed. S. Termination by Mutual Consent of The Parties may mutually agree to terminate this Agreement by giving written notice erminate by mutual consent to the local Health Department thirty (X) clays in advance of the date of termination_ C. Temiination.by the Owner The Owner ma terminate this Agreement by giving notice to the Con's and to the local heal^ Department thirty (30) days in advance of the date of ©- Termination by the Contractor t for by giving (1) The Contractor may terminate this g to the '.cca i notice of intent to teethis.A to the Owner and Health Department flirty(30) days in advance of the date of termination Cause shall be defined as: (a) failure to remit payment for any bill for services performed under and it accordance with this if said is roltpaid vilstiin thirty (3}` days of receipt by tie Owner of the bill. if said fon is paid after notee o termination is given but prior to the date of terrntrefkari of this Aareernent this Agreement shall continue in end; or (b) failure of the Owner to atiow the Corgi wart access to the syster a-s . - is reasonably necessary in order for the Contragtor to samfity wFth the terms of this A (2) The Contractor may not terminate this Acreement vittout muse. bus T a assign its rights and duties under this Ageement as provided Derag-a& be#ow. 4. Assitrrtent Sep 11 17 09:42p p.5 A. Assignment by the Owner. The Owner shall notify the Contractor of the name and address of any purchaser of the property on which the system is located. The Owner shall also notify any purchaser of the property on which the system is of the existence of this Agreement and shall assign ail rights and duties under this Agreement to said purchaser. B. Assignment by the Contractor. The Contractor may assign its rigtits and duties under this Agreement to another management entity which is qualified pufsuant to 5A N.C. Admin. Code 18A 1961 to manage a Type TVA system upon thirty (X) days s#vritter. notice to the Owner and the local Health Departthent. 5. Representations The Parties represent to each other that each has the power, authority, and lege: right to enter into and perform its obfigations as set forth in this Agreerrie9-it. 6. Regulatory Amendments References in trtis Agreement to sections of the Administrative Code sheM include such rules as they may be am in the future. 7. Mc Implied Waiver The waiver by either Party of a default or a breach by the other Party al any prevision of this agreement shall not operate or be construed to operate as a waiver of afv-stplaseetuerit r or breath The falure at any time of either Party to enforce any provision 011ie Agreement (a not be construed to be waiver of such prICMSiOTIS, or of any of provisien; and (b) shalt not r arl)y way affect the veiictty of this Agreemert, or any part of this Agreement, or ffle rigftt of either atly thereafter to enforce each and every provision of this Agreement 8. Notice Every notice required under this Agreement shalt be in *tilting and shal be deemed stif5.0-ent , giver if delivered in person or sent by mall and addressed as fottows: To the Owner: LE-3 p -K) prytt,_ VeLitc.v tikiun V h it? To the Contractor C Vv\o 0 I2rL Teo p.6 Sep 11 17 09:43p T . Local Health Department e,o,__/--1--` A 4 a. a . • (Nr-e vu-f-6 icy /Q- c-- 7-ne date of any Notice shall be the date of dvery. Changes in the respective actresses Jo . - ode may be directed may be made from time to time by either Pry by notice to the otnei 9 Piace cf Agreement s .4greernent and any questions concernirQ its vatidity, construction cat and perro -ice -:-: •a: -De governed y the taws of the State of North Carolina, notlevithstermiting the pierce oT eXeCui:an ine crcter in wnich the sign-aIures of the Parties are affixed. .,_ .. --0 Entire Aoreemerlt-and Amendment_ Agreement supersedes ail prior negations, agreements ant umbers-tam:hi-1,gs telyye e; .7s.E Pariles with respect to the subject matter hereof and coilatitutzes the emirs AitarSiermenF z-se'wee-. If-le Parties wit respect to the subject matter hereof_ To tx effect*, lklmen- o: -modification to this Agreement must be in writin9 and must be *Pied by the Parties .! 7 S-everability .,.ne event that any provision of this Agreement stweit, for any resew, be cietermin.e.n ..c.. ..:-.9_ itiegai or unenforceable in flirty rezpoet, the Parties snag mievairssete in goet fsith anc ae:: o si..;cn amendmen(s. modifications or s‘tpplements of or to this Ammo:tem o-r sUCn DC'1,Er acoropnate actions as shall, to the rnaxirrum extent row:tit:able in. VII ot s_4‘ot-: ernert:. and give effect to the iritergicns of the.Part el rein 014.s. Aere,e-frfer- on.er prsvisons of this Agreement stlefl as so amen-Wet. rnecrtheci, saapoterAlerRe sc atfeczecS by such action, remain in full force and effect. IN TESTIMONY WHEREOF, the Parties hereto have exeo%fted Itti'S. Agreef -. ginal.s one of which is retained by CSC', of the Parties, the day aro6 rear first abov -- ,.:•- ...,..-.7 . y _ . , .,a . _... .. , -----.--;-...;,-...:- C--------'''' ' - '..'" 4 .,.....-,_.,• ------- __. -":-.ONTRACTOR) - C' tk-IC o pec4-6 ( Cr(--I, N.16 - 7 ia 5-3 517 Sep 11 17 09:43p p.7 MAINTENANCE REPORT FORM• b * ,'� . Ncnne and Location System of Inspection s • �aai'I F Y Date / CJIOfi `-/s A/1 L- c. i rt.C.7- Permit Number l 'qa ' SAS :4 r. —re Yre )/ A1`c 1-4/r7(! S./Z ) Operators Regronsible for Care (aR.C.'s): - d aossiftcatmn Jack Moore - Certified Operator #985357 P h o n e ' 1 953 3'-/7' - ft David Lynch - Certified Operator #996383 Phone Address 1i A a r%L.._ f J.C. Moore Phone (704)873-2171 Subdivision 1l ,_07. o Pl'vie Vctl is yci 1227 Troutman Drive Fax (704)873-9928 R- v'C Y W ,k G(� �ejc �' NCI C Statesville,NC 28625 Mobile(704)902-1122 county 7 SEPTIC TANK AND PUMP TANK LOW PRESSURE PIPE SYSTEM Risers accessible? [S] Satisfactory Turnu ps,cleanouts,valves Signs of infiltration? [S] satisfactory located and protected? [S] Satisfactory Structurally sound? [5] Satisfactory Laterals free of excess solids? [S] wry Landscape position? [S] Satisfactory Laterals flushed? ys Septic tank filter cleaned? Pump tank filter cleaned? PRESSURE HEADS SOLIDS DESIGN HEAD ADJUSTED HEAD Line 1 2- Approximate Quantity of Solid Waste in Septic Tank 1 Z— INLET Scum: <1 in. Sludge: " ei in. 4. __. OUTLET Scum: - in. Sludge: - c . in. S .Z to 2 Approaomate Percenta a of Solids to Liquid Waste in Tank DRAIN FIELD No effluent surfacing? [5] Satisfactory Surface water diverted? (5] Satisfactory Line cover maintained properly? (S] Satisfactory Protected from ti affic? [5] Satisfactory COMMENTS Distribution devices operating properly? [S] Satisfactory Repair area reserved? [S] Satisfactory f--ri d" Co—P S -F-c..`i t uVl - Y j FOP im�to;:.1t-J 6� 't 5 i 6 lc +- Y Pump present and operating? �-C C. Design GPM Actual GPM Efficiency 0% High water alarm operating property? [5] satisfactory Pipework in good condition? [S] Satisfactory Control panel in good condition? [S] Satisfactory Control floats operating property? [S I Satisfactory Straps/float tree in good condition? [5] Satisfactory Effluent free and dear of solids? [5 1 Satisfactory