The URL can be used to link to this page

Home My WebLink AboutAUTH-04-2021-148903.TIF • J.C.Moore Maintenance Contract State of North Carolina P�1 !' , 'Ja 3 County of - - r'e Je l ( Permit Number G I+? / r tt P�n N .'� 03 THIS AGREEMENT is made and entered into this the tvt day of .oct'&r 20. Z;by and between r S�"^ Cp� (hereinafter the`Owner')and C V�r.o e (hereinafter 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 WA system under the Rules for Sanitary Sewage Collection, Treatment and Disposal founc 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 sata system; and WHEREAS, 15A N.C. Admin.Code 18A 1961 requires that a condign 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 18k 1961 to manage a Type T '= f 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. • 1. The Q+ n ractor's Obliaations. The Contractor shall perform the following serviceesr on the owners systems located 3 Cj � Kt 5er` T— i ci, t Vre4i C" 40V 2-- • A. The Contractor shall inspect the system at least at the frequency required in Table (b) of 15A N.C. Admin. Code 18A 1 61 (b)for a-Tyke j asystern. B. The Contractor shall perform the following routine maintenance procedures in accordance with the conditions of the Operation 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. 1%1 (b)fora Typerir System. D. If an irspection 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 mainterance described in subparagraph (b)above. The Color 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 Contractors 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 Obiloations. k The Owner shall pay the Contractor upon signing this contract, the MITI of °f for the first year of periodic inns, routine maintenance wives and peri' dic 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 that 20 percent per year.The Owner shall pay in the fallowing methods. ( t )to be paid at the time of the signing of this agreement and to be paid before the second scheduled inspection. • )dollars to be paid at the time of the signing of thin agreement.. .B. The Owner shall pay to the Contractor his normal and customary fees for any work performed on the systent4LA t).o o dollars per hour,with minimum t of one hour. plus cost of material(s) as a result at nonscheduled service or maintenance calls. All fees for nonscheduled Service or maintenance we 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 mkt. • • 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.. • • 0. 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 if 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 erminate by mutual consent to the local Health Department thirty (30)days in advance ?.•f the date of termination. C. Terminer:km.0y the Owner The Owner ma.9. 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 Writter 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 NI is not paid wffhin thirty (30) •,• days of receipt by the Owner of the NI. if saki but is paid after notice a' termination is given but prior to the date of termination of this Agreement this Agreement shall continue in effect or (4) 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 Agfeentent (2) The Contractor may net terminate this Agreement'about cause, but may assign its rights end duties under this Agreement as provided in paragraph 4 below. 4. Assignment • fl* 3 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 ditties 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 1 5A N.C. Admin. Code 18A 1961 to manage a Type IVA system upon thirty(30) days written notice to the Owner and the local Health Department. 5. Reoresentations The Parties represent to each other that each has the power, authority, and legal right to enter into and perform its obligations as set forth in this Agreement 6. Reaulatory Amendments References in this Agreement to sections of the Administrative Code shall include such rules as they may be amended 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 S. 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: VYl t C IncL�C S kcA.:( To the Contractor: C m o t;" t y? —rrou., € U r-. t-e-S Ne I 1 N C . 4 7- S \ _ MAINTENANCE REPORT FORM Name and Location of System Date of Inspection r U ,-----UivJ) L . .. X Michael Sharp 06 Oct 2022 :743980 Kiser Island Road Permit Number Criv irelknrxstantnl Servic,PS ` Terrell, NC 28682 2021 148903 Operators Responsible for Care (O.R.C.'s): System Classification Jack Moore - Certified Operator #985357 Phone Iv-a Phone David Lynch - Certified Operator #996383 Alternate Mailing Address Martha Landis J.C. Moore Phone (704) 873-2171 Subdivision 1227 Troutman Drive Fax (704) 873-9928 Lot 6 Ballard&Sherrill Statesville, NC 28625 Mobile(704) 902-1122 County Phone (704) 235-8211 Catawba Phone SEPTIC TANK AND PUMP TANK LOW PRESSURE PIPE SYSTEM Risers accessible? [5] Satisfactory Turnups,cleanouts,valves Signs of infiltration? [5] Satisfactory located and protected? [5] Satisfactory Structurally sound? [S] Satisfactory Laterals free of excess solids? [5] Satisfactory Landscape position? [s] Satisfactory Laterals flushed? YES Septic tank filter cleaned? Pump tank filter cleaned? PRESSURE HEADS DESIGN HEAD ADJUSTED HEAD SOLIDS ACCUMULATION Line 1 2 Approximate Quantity of Solid Waste in Septic Tank Line 2 2 Line 3 2 INLET Scum: - in. Sludge: - in. Line 4 2 OUTLET Scum: - in. Sludge: - in. Approximate Percentage 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 traffic? [5] Satisfactory COMMENTS Distribution devices operating properly? [5] Satisfactory This is a new system that was not in service at the time of Repair area reserved? [5] Satisfactory my inspection PUMP Pump present and operating? Design GPM 28 Actual GPM Efficiency 0% RECEIVED High water alarm operating properly? [5] Satisfactory Pipework in good condition? [S] Satisfactory Control panel in good condition? [s] Satisfactory 1, -- Control floats operating properly? [5] Satisfactory Straps/float tree in good condition? [5] Satisfactory Effluent free and clear of solids? [5] Satisfactory Environmental Health - t)? MAINTENANCE REPORT FORM iv, JH. rft E IName and Location of System Date of Inspection iF , Michael Sharp 20 Apr 2023 3980 Kiser Island Road FrPO�'rinimorinf,0 ServicpP Permit Number Terrell, NC 28682 2021 148903 Operators Responsible for Care (O.R.C.'s): System Classification Jack Moore - Certified Operator #985357 Phone Iv-,4 Phone David Lynch - Certified Operator #996383 Alternate Mailing Address Martha Landis J.C. Moore Phone (704) 873-2171 Subdivision 1227 Troutman Drive Fax (704) 873-9928 Lot 6 Ballard&Sherrill Statesville, NC 28625 Mobile(704) 902-1122 County Phone (704) 235-8211 Catawba Phone SEPTIC TANK AND PUMP TANK LOW PRESSURE PIPE SYSTEM Risers accessible? [5] Satisfactory Turnups, cleanouts,valves Signs of infiltration? [5) Satisfactory located and protected? [5] Satisfactory Structurally sound? [S] Satisfactory Laterals free of excess solids? [5] Satisfactory Landscape position? [5] Satisfactory Laterals flushed? YES Septic tank filter cleaned? Pump tank filter cleaned? PRESSURE HEADS SOLIDS ACCUMULATION DESIGN HEAD ADJUSTED HEAD Line 1 2 2 Approximate Quantity of Solid Waste in Septic Tank Line 2 2 2 Line 3 2 2 INLET Scum: — in. Sludge: — 10 in. Line 4 2 2 OUTLET Scum: — 0 in. Sludge: -- in. Approximate Percentage of Solids to Liquid Waste in Tank - 23 % DRAIN FIELD No effluent surfacing? [S] Satisfactory Surface water diverted? [S] Satisfactory Line cover maintained properly? [5] Satisfactory Protected from traffic? [5] Satisfactory COMMENTS Distribution devices operating properly? [5) Satisfactory Repair area reserved? ES) Satisfactory PUMP r-*N -1\s'-- "1 Pump present and operating? , l Z.—�.s'-- y g-- Design GPM 28 Actual GPM 28 Efficiency 100% ^3 High water alarm operating properly? [S] Satisfactory Pipework in good condition? [5] Satisfactory Control panel in good condition? [5] Satisfactory Environmental ntal Health Control floats operating properly? [5] Satisfactory Straps/float tree in good condition? [s] Satisfactory Effluent free and clear of solids? [5] Satisfactory