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HomeMy WebLinkAboutAUTH-12-2021-162223.TIF J.C. Moore i Maintenance Contract • 4 t State of North Carolina County of Permit Number 1440a,t7E HJS AGREEMENT is made and entered into this the PI 17, t{?{day of c<--4c,tr Y , 20 j?-b and between Tic ( y hereinafter the "Owner)and ?', j- , C. \moo c • (hereinafter the "Contractor'). 2 WITNESSETH WHEREAS, the Owner owns or controls the property upon which a ground absorption KT sewage treatment system (hereinafter"system) is installed, such system being designated a Type IVA system under the Rules for Sanitary Sewage Collection, Treatment and at 15A N.C. Admin. Code 18A 1900 et seq.; and Disposal found tf WHEREAS, 15A N.C. Admin_ Code 1 SA.� 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 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 5Z-- k system. k NOW THEREFORE, in consideration of the premises and of the mutual covenants and promises contained in this Agreement, it is hereby agreed by end between the Owner and the Contractor as stipulated below. 1. The Contractor'§ Obligsljons. The Contractor shall perform the following services on the owners systems located at 1.1 16 .F©c-A-. ,' L .2y4-(Z3 A. The Contractor shall inspect the system at least at the frequency required in Table \./ (b) of 15A N.C. Admin. Code 18AA 1961 (b) for a•Type-a-itsystem_ B. The Contractor shall perform the following routine maintenance procedures in accordance with the conditions of the Operation Permit. P. I (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) Rush 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)for a Type g 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 Contractors normal charge for services and materials. The Contractor shall not perform repairs that require the use of `ieavy equipment, electrical license or plumbing license 2. The Owner's Obligations. A The Owner shall pay the Ccyrtractor upon signing this contract, the sum of 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 he 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 following methods ( E," to be paid at the time of the signing of this agreement and to be paid before the second scheduled inspection. )dollars to be timeof paid at the of the signing, this agreement. B. The Owner shall pay to the Contractor his normal and customary fees for any work performed on the syster4 _j C, d Jr dollars per hour, with minimum of one hour, plus cost of material(s) as a result or nonscheduled service or maintenance calls_ All fees .(or nonscheduled service Jr 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. P ' C. The Owner shall keep the area of the septic system drain field property 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 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 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 Contractoi (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 is given 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 'erms 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. 4. Assignment a a 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. 1B. 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 IVA system upon thirty(30) days written notice to the Owner and the local Health Department. 5 Representations Theand Partiesperrorm representitsobligations to eachas othseterforth that each has the power, authority, and legal right to enter In c in this Agreement. 6 Reoulatory 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 Parry 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. `3. Notice Every notice required under this Agreement shall be in writing and shad be deemed sufficiently oiven if delivered in person or sent by mail and addressed as follows: To the Owner • To the Contractor: -3- '2 - ,mac L} •.V„c�..s v i t t-z. _ N C - ' j_5 -1 14- 1 I o the Locat Health Department — �.. C CO Tne Date of any Notice shall be the notice ;may be directed may be made arom timte of e to lime by either Ps in arty by tic addresses to . s, rcy by notice to the oche: p�, Puce of Agreement This Agreement and any questions concerning its validity, construction of and performance De governed by the laws of the State of North Carolina, notwithstanding the place of execvt,cr ne CraAr in which ! "n" he signatures of the Parties are affixed. 0 Cntfre AoreeMei a'and Amendment. This Agreement pprior negations, agreements and understandings between 9 mans supersedes all ,Pant"as with respect to the subject matter hereof and.constitutes the entire Agreement the Parties with respect to Ih8 subject matter9 lwe.n the modification Partition to hereof, To be effective, any amendments between this Agreement must be in writing and must be signed by the Parties. i f Seve_ rapility In :ne event that any provision of this Agreement shalt, for any reason, be determinedtooe n i vat,c. Hegel or unenforceable in any respect, the Parties shaft egvliete in good faith ano agree to such amendments, modifications or supplements of or to this Agreement or such other 0orop;tate actions as shall, to the maximum extent practicable in light of such delerminat,or 1T.otemant and viva effect to the intentions of the.Parties as reflected in this A Diner provisions of this Agreement shalt as so amended, modified, supplemented or other,,,..se, arfected by such action, remain in full force and effect. Agreement and to IN TESTIMONY WHEREOF, the Parties hereto have executed this Agreement to .at.;oicci ::,rtginais, one of which is retained by each of the parties, the day and year first above bove wrtuer` (CONTRACTOR)_. r P5 \2 - C.),.5N 44,5vet-INI-3( L -' ( cv Q-• c _ E vR\U NA� �f- \a-c ^R S `�'`- t At-Li•- / �►J��z 2 ��c� e� �- 2 CA b Pi\3 2- 3 •---, I _ in z7 3 MOMAINTENANCE REPORT FORM [ ,.. . „..:..,• -'4 -:.-:.•.' 'RE Name and Location of System Date of Inspection Kyle Tucker 20 Apr 2023 1558 Sherwood Court Permit Number FrsilsRP Cl r+ii'►. ,oximf Til ' ,.•` -,„ C �r,rwi c Sherrills Ford, NC 28673 461902769848 Operators Responsible for Care (O.R.C.'s): System Classification Jack Moore - Certified Operator #985357 Phone (704) 746-8132 Type IV-a David Lynch - Certified Operator #996383 Phone Alternate Mailing Address J.C. Moore Phone (704) 873-2171 Subdivision 1227 Troutman Drive Fax (704)873-9928 Sherwood Shores lot 13 Statesville, NC 28625 Mobile(704)902-1122 County Phone Iredell Phone SEPTIC TANK AND PUMP TANK LOW PRESSURE PIPE SYSTEM Risers accessible? [51 Satisfactory Turnups,cleanouts,valves Signs of infiltration? [S] Satisfactory located and protected? [5 I Satisfactory Structurally sound? [5) satisfactory Laterals free of excess solids? [S] Satisfactory Landscape position? [S] Satisfactory Laterals flushed? YES Septic tank filter cleaned? YES Pump tank filter cleaned? YES 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: - 0 in. Sludge: - 12 in. Line 4 2 2 OUTLET Scum: - 0 in. Sludge: - 12 in. Line 5 2 _ 2 Line 6 2 2 Approximate Percentage of Solids to Liquid Waste in Tank — 27 % — DRAIN FIELD No effluent surfacing? [5 I Satisfactory Surface water diverted? [5] Satisfactory Line cover maintained properly? [5 I Satisfactory Protected from traffic? ES I Satisfactory COMMENTS Distribution devices operating properly? [5 I Satisfactory Repair area reserved? [SI Satisfactory PUMP Pump present and operating? RECEIVED Design GPM 40 Actual GPM 40 Efficiency 100% Vi ;I i '.'.3 High water alarm operating properly? Es] Satisfactory Pipework in good condition? [U] Unsatisfactory Control panel in good condition? [5] Satisfactory Health Control floats operating properly? [5] Satisfactory Environmental Hea! Straps/float tree in good condition? [S] Satisfactory Effluent free and clear of solids? [S I Satisfactory 1 0L4l -0-gag i - I (9X23 MAINTENANCE REPORT FORM x.4 l ,, r , , Name and Location of System Date of Inspection Kyle Tucker 22 Oct 2024 _... .,,,Ai 1558 Sherwood Court Environrrt!ental � Services Permit Number Sherrills Ford, NC 28673 461902769848 Operators Responsible for Care (O.R.C.'s): System Classification Jack Moore - Certified Operator #985357 Phone (704) 746-8132 Type IV-A Phone David Lynch - Certified Operator #996383 y p Alternate Mailing Address J.C. Moore Phone (704)873-2171 Subdivision 1227 Troutman Drive Fax (704)873-9928 Sherwood Shores lot 13 Statesville,NC 28625 Mobile(704)902-1122 County Phone Iredell Phone SEPTIC TANK AND PUMP TANK LOW PRESSURE PIPE SYSTEM Risers accessible? [S] Satisfactory Turnups,cleanouts,valves Signs of infiltration? [S] Satisfactory located and protected? [S] Satisfactory Structurally sound? [5] Satisfactory Laterals free of excess solids? [5] Satisfactory Landscape position? [5] Satisfactory Laterals flushed? YES Septic tank filter cleaned? YES Pump tank filter cleaned? YES PRESSURE HEADS SOLIDS ACCUMULATION Line 1 DESI 2 HEAD ADJUS 2 HEAD Approximate quantity of Solid Waste in Septic Tank Line 2 2 2 Line 3 2 2 INLET Scum: — 0 in. Sludge: — 12 in. Line 4 2 2 OUTLET Scum: — 0 in. Sludge: — 12 in. Line 5 2 2 Line 6 2 2 Approximate Percentage of Solids to Liquid Waste in Tank '" 25 % DRAIN FIELD No effluent surfacing? [5] Satisfactory Surface water diverted? [S] Satisfactory Line cover maintained properly? [5] Satisfactory COMMENTS Protected from traffic? [S] Satisfactory Distribution devices operating properly? [S] Satisfactory Repair area reserved? [S] Satisfactory PUMP VP n Pumpresent and operating? r u t ti Design GPM 40 Actual GPM 40 Efficiency 100% DEC - 2 2024 High water alarm operating properly? [s] Satisfactory Pipework in good condition? [U] Unsatisfactory Control panel in good condition? [5] Satisfactory Environmental Health Control floats operating properly? [5] Satisfactory Straps/float tree in good condition? [S] Satisfactory Effluent free and clear of solids? [5] Satisfactory