HomeMy WebLinkAboutMAINTENANCE AGREEMENT.TIF r � j
Water
....- Management
INSPECTION AND MAINTENANCE AGREEMENT
STATE OF NORTH CAROI,INA
This agreement is made and entered into this , ,3 day of
F g � 17 , 2011, by and between
�r1A L7- L oy ti ___...._. (hereinafter referred to as
the "Owner ") and Water Management of North Carolina, LLC (hereinafter referred to
as the "Contractor ").
WITNESSF;TH
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 V system under the Rules for Sanitary Sewage Collection, Treatment
and Disposal found at 15A N.C. Administrative Code 18A.1900 et seq.; and
WHEREAS, 15A N.C. Administrative 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. Administrative 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.
Administrative Code 18A.1961 to manage the 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 Contractor's Obligations. The Contractor shall perform the following services
on the Owner's system located at: 8772 Popular Lane, Sherrills Ford, Catawba
County, NC.
a) The contractor shall inspect, document, and report the system at least at the
frequency required in Table V(b) of 15A N.C. Admin. Code 18A.1961(b), to
satisfy conditions of the Operation Permit and to comply with manufacturers'
operation requirements.
b) If an inspection indicates the need for system repairs, the Contractor shall notify
the local health department within 48 hours of the inspection.
c) The Contractor shall notify the Owner of needed repairs, which are outside of the
Page 1 of 6
, r
Ilimmiiiimrsil
Water
1111 Management
scope or routine maintenance described in this contract. The Contractor shall
perform necessary repairs to the system at the request of the Owner and shall be
entitled to payment therefor at the Contractor's normal charge for services and
materials.
d) The Contractor shall respond to a request for a nonscheduled service or
maintenance call within 48 hours after receipt of such request.
2. The Owner's Obligations.
a) `The Owner shall pay to the Contractor:
• For the first year, $500, billed at $200 quarterly.
• For consecutive years, S650/year, billed at $325.00 semiannually.
• Any charges for necessary replacement parts.
• Any charges for pumping /rernoval of solids from tanks.
The annual fee may be amended upon sixty (60) days advance notice to the
Owner. `The Owner shall pay to the Contractor his normal and customary fees for
any work performed on the system as a result of nonscheduled service or
maintenance calls. All fees 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% per month.
b) Within 30 days of receipt of notice of needed repairs, the Owner shall request the
Contractor to complete needed repairs or shall provide to the Contractor evidence
that the needed repairs were satisfactorily completed by another entity.
c) The Owner shah 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 terminated.
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 the 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
Page 2 of 6
kbommilkilowl4 Water
P . " 111 10 01. " 1 4 Management
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 of this Agreement, but prior to the date of termination of this
Agreement, this Agreement shall continue in effect; or
b) failure of the Owner to provide to the Contractor authorization to
complete needed repairs or satisfactory evidence that needed repairs to
the system were completed by another entity. If said authorization to
complete needed repairs or evidence of completion of said repairs is
provided after notice of termination is given but prior to the date of
termination of this Agreement, this Agreement shall continue in effect; or
c) 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 terminate this Agreement without cause, by
notification to the Owner no less than ninety (90) days in advance of the
termination date. The Contractor may also sign Its rights and duties
udder this Agreement as provided in paragraph 4. below.
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
Page 3 of 6
116.041110.04 Water
raivonal Management
management entity, which is qualified pursuant to 15A N.C. Admin. Code
1 8A.1 961 to manage the system upon thirty (30) days written notice to the
Owner and to the local health department.
5. Use of Subcontractors. The Contractor may subcontract with such manufacturers,
suppliers and contractors as it deems desirable to perform any of the C'ontractor's
duties under this Agreement. The Contractor shall at all times remain responsible
for the performance ()land payment for all work performed by all subcontractors.
6. Representations. 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
A ttreement.
7. Retaliatory Amendments. References in this Agreement to sections of the
Administrative Code shall include such rules as they may be amended in the
future.
8. No Implied Waiver. The waives by either Party, of the 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 or this Agreement (a) shall not be construed
to be a 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.
9. Notice. Every notice required under this Agreement shall be in writing and shall
be deemed sufficiently given if delivered in person or sent by certified or
registered mail, return receipt requested, postage prepaid to the Party to be notified
and addressed as follows:
To the Owner:
To the Contractor: Water Management
4744 Celia Creek Road
Lenoir, NC 28645
The date of any Notice shall be the date of personal delivery or the date shown on
the return receipt as the date of delivery or attempted deliver, as the case may be.
Changes in the respective addresses to which notice may be directed may be made
from time to time by either Party by notice to the other party.
10. Place of A greement. This Agreement and any questions concerning its validity,
Page 4 of 6
1111mmilairartill Water
r aill ir" 111 1 Management
the system construction or performance shall be governed by the laws of the State
of North Carolina. notwithstanding the place of execution, or the order in which
the signatures of the Parties are affixed.
1 1. Entire Agreement and Amendment. This Agreement supersedes all prior
negotiations, 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.
12. 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 practicable in light of such determination, implement and give
effect to the intentions of the Parties as reflected in this Agreement, and the other
provisions of this Agreement shall, as so amended, modified, supplemented or
otherwise affected by such actions, remain in full force and effect.
Page 5 of 6
•
Water
Management
IN TESTIMONY WHEREOF, the Parties hereto have executed this Agreement in
duplicate originals, one of which is retained by each of the Parties, the day and year
firct ahove written
kI A L-r- L. Co N
itr. -- (Owner)
(
(Date)
Water Management of North Carolina, LLC
(Contractor)
• I,l ► i
1 /3/201 1
(Sidney L. Gaskins, Jr.) (Date)
Paae 6 of 6