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Home My WebLink AboutAUTH-09-2020-139077.tif DocuSign Envelope ID:5C5EC8B8-FD1B-4A4C-883C-B007D8BF5B62 ENVIRONMENTAL] MAINTENANCE CONTRACT SERV I C'ES COUNTY Catawba PERMIT# ID: 461602587074 Street Address 4484 Kiser Island Rd DAVID LYNCH Inspector Certification#43121 City Terrell State NC ZIP 28682 David Lynch DLynchEnviro@gmail.com RockyThompson/Kasey Jamison 2708 Peachtree RdCLIENT NAME p y (828) 234-9451 Andrew Graham Statesville, NC 28625 THIS AGREEMENT is made and entered into this between Rocky Thompson/Kasey Jamison (hereinafter the "Owner") and David Lynch (D L ENVIRONMENTAL SERVICES) (hereinafter the "Contractor"). WHEREAS, the Owner owns or controls this property upon which a ground absorption sewage treatment system (hereinafter "system") is installed, such system being designated a Type IV-A system under the Rules for Sanitary Sewage Collection, Treatment and Disposal found 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 Operation Permit for said system, and WHEREAS, 15A N.C. Admin. Code 18A. 1961 requires that a condition of the Operation Permit for said system be that a property 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 IV-A system. NOW THEREFORE, in consideration of the premises and of the mutual covenants and promises contained in this Agreement, it is hereby agreed by and between the Owner and the Contractor as stipulated below. DocuSign Envelope ID: 5C5EC8B8-FD1 B-4A4C-883C-BUU7U8E3F5B62 1. The Contractor's Obligations. The Contractor shall perform the following services on owner's systems located at: 4484 Kiser Island Rd Terrell, NC 28682 A. The Contractor shall inspect the system at least at the frequency required in Table V(b) of 15A N.C. Admin. Code 18A. 1961(b) for a type IV-A system. B, The Contractor shall perform the following routine maintenance procdedures in accordance with the conditions of the operations permit. (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 clean 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 specified in Table V(b) of 15A N.C. Admin. Code 18A. 1961(b) fora type IV-A system. D. If an inspection indicates the need for system repairs, the Contractor shall notify the local Health Department within 48 hours of the inspection. E. The Contractor shall notify the Owner of needed repairs, which are outside the scope of routine maintenance described in subparagraph (B) above. The Contractor shall perform necessary repairs to the system that require the use of hand tools only at the request of the Owner and shall be entitled to payment therefore at the Contractor's normal 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 Owner's Obligations. A. The Owner shall pay the Contractor upon signing this contract, the sum of $ 300 for the first year of periodic inspections, routine maintenance procedures and periodic reports. The annual fee may be renewed at the end of each 12-month period. The annual fee may be amended upon sixty (60) days advance notice to the Owner but may not increase more than 20 percent per year. The Owner shall pay in the following methods. { ) to be paid at the time of the signing of this agreement and to be paid before the second scheduled inspection. ( $ 300 ) to be paid at the time of the signing of this agreement. • DocuSign Envelope ID: 5C5ECSB8-FD1B-4A4C-883C-B007D8BF5B62 2. The Owner's Obligations. B. The Owner shall pay to the Contractor his normal and customary fees for any work performed on the system $ 75 per hour, with minimum of one hour, plus cost of material(s) as a result of nonscheduled service or maintenance calls. All fees for nonscheduled service or maintenance are due and payable within thirty (30) days of billing. Payments due to the Contractor and unpaid by the Owner after thirty (30) days shall accrue interest from the due date until paid at a rate of 1.5 percent per month. C. The Owner shall keep the area of the septic system drain field properly mowed and protected from traffic. The Owner shall keep the designated 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 shall remain in effect until termination. A. Automatic Termination This Agreement shall automatically terminate of the Operation Permit for the system is revoked and all appeals of the revocation are exhausted or time for taking an appeal has passed. B. Termination by Mutual Consent The Parties may mutually agree to terminate this Agreement by giving written notice of termination by mutual consent to the local Health Department thirty (30) days in advance of the date of termination. C. Termination by the Owner The Owner may terminate this Agreement by giving notice to the Contractor and to the local Health Department thirty (30) days in advance of the date of termination. D. Termination by the Contractor (1) The Contractor may terminate this Agreement for cause by giving written notice of intent to terminate this Agreement to the Owner and to the local Health Department thirty (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 in accordance with this Agreement if said bill is not paid within thirty (30) days of receipt by the Owner of the bill. If said bill is paid after notice of termination but prior to the date of termination of this Agreement, this Agreement shall continue in effect; or (b) failure of the Owner to allow the Contractor such access to the system as is reasonably necessary in order for the Contractor to comply with the terms of this Agreement, (2) The Contractor may not terminate this Agreement without cause, but may assign its rights and duties under this Agreement as provided in paragraph 4 below. DocuSlgn Envelope ID: 5C5EC8B8-FD1 B-4A4C-883C-B007D8BF5B62 4. Assignment 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 located of the existence of this Agreement and shall assign all rights and duties under this Agreement to said purchaser. B. Assignment by the Contractor. The Contractor may assign its rights and duties under this Agreement to another management entity which is qualified pursuant to 15A N.C. Admin. Code 18A. 1961 to manage a Type IV-A system upon thirty (30) days written notice to the Owner and the local Health Department. 5. Representations The Parties represent to each ohter that each has the power, authority, and legal right to enter into and perform its obligations as set forth in this Agreement. 6. Regulatory Amendments References in this Agreement to sections of the Administrative Code shall include such rules as they may be anded in the future. 7. No Implied Waiver The waiver by either Party of a default or a breach by the other Party of any provision of this agreement shall not operate or be construed to operate as a waiver of any subsequent default or breach. The failure at any time of either Party to enforce any provision of this Agreement (a) shall not be construed to be waiver of such provisions, or of any other provision, and (b) shall not in any way affect the validity of this Agreement, or any part of this Agreement, or the right of either Party thereafter to enforce each and every provision of this Agreement. 8. Notice Every notice required under this Agreement shall be in writing and shall be deemed sufficiently given if delivered in person or sent by mail and addressed as follows: To the Owner: Rocky Thompson/Kasey Jamison 4484 Kiser Island Rd Terrell, NC 28682 To the Contractor: David Lynch D L Environmental Services 2708 Peachtree Rd Statesville, NC 28625 DocuSign Envelope ID:5c5EC8B8-FD1B-4A4C-883C-B007D8BF5B62 8. Notice (continued) To the Local Health Department: Catawba County Environmental Health Dept. PO Box 389 Newton, NC 28658 The date of any Notice shall be the date of delivery. Changes in the respective addresses to where notice may be directed may be made from time to time by either Party by notice to the other Party. 9. Place of Agreement This Agreement and any questions concerning its validity, construction of and performance shall be governed by the laws of the State of North Carolina, notwithstanding the place of execution of the order in which the signatures of the Parties are affixed. 10. Entire Agreement and Amendment This agreement supersedes all prior negations, agreements, and understandings between the Parties with respect to the subject matter hereof and constitutes the entire Agreement between the Parties with respect to the subject matter hereof. To be effective, any amendment or modification to this Agreement must be in writing and must be signed by the Parties. 11 . Severability In the event that any provision of this Agreement shall, for any reason, be determined to be invalid, illegal or unenforceable in any respect, the Parties shall negotiate in good faith, and agree to such amendments, modifications or supplements of or to this Agreement or such other appropriate actions as shall, to the maximum extent practicable in light of such determination implement and give effect to the intentions of the Parties as reflected in this Agreement, and in other provisions of this Agreement shall as so amended, modified, supplemented or otherwise affected by such action, remain in full force and effect. IN TESTIMONY WHEREOF, the Parties hereto have executed this Agreement in duplicate and originals, one of which is retained by each of the Parties, the day and year first above written. 6B393056D975452... 12/7/2021 rooev. 2antiirort. DocuSigned By:KaseyJamison (OWNER:) Rocky Thompson/Kasey Jamison (Builder Contact: Andrew Graham, Bluefield Builders) (CONTRACTOR:) David Lynch (D L Environmental Services)