WQ0044168_Operational Agreement_20240522 (2)

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STATE OF NORTH CAROLINA
COUNTY OF Johnston
This agreement is made and entered into this 1st day of April, 2024 by and between
Durham 85 Park/ Scannell Properties (hereinafter referred to as the "Owner") and
Wastewater Solutions LLC, 14 Apothecary Ct., Garner, North Carolina 27529 (hereinafter
referred to as the "Contractor").
WITNESSETH
WHEREAS, the Owner owns or controls the property upon which a submersible sewage lift
station (hereinafter "system") is installed; and
WHEREAS, the Contractor is a management entity, of a type authorized to perform periodic
maintenance;
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,
Durham 85 Park, Junction & Ferrell Roads, Durham, NC
a) The Contractor shall inspect and maintain the system two times per month minimum
b) The Contractor shall perform the following routine maintenance procedures:
1) Data logging of electrical and mechanical performance
2) Check system performance
3) Wet well wash down and float switch cleaning
4) Record pump control panel readings for Elapsed Time and Cycle Counts
5) Alarm response within 24 hours of notification of onsite personnel
6) Stand by generator exercise and fuel check
c) The Contractor shall respond to a request for a nonscheduled service or maintenance call
within 24 hours after receipt of such request.
2. The Owner's Obligations.
a) The Owner shall pay monthly to the Contractor the sum of $425 for periodic inspections
and routine maintenance procedures. The fee may be amended upon sixty(60)days advance
notice to the Owner but may not be increased more than 10 percent per year. 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 111/z percent
per month.

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b) 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.
c) The Owner shall be responsible for fees associated with emergency calls, required system
repairs, pumping of tanks, mechanical pipe cleaning and replacement of system
components. Hourly rate is $195/HR.
3. Term. This Agreement shall remain in effect until terminated.
a) Termination by the Owner. The Owner may terminate this Agreement by giving notice to
The Contractor thirty (30) days in advance of the date of termination.
b) Termination by the Contractor.
1. The Contractor may terminate this Agreement for cause by giving written notice of
intent to terminate this Agreement, thirty (30) days in advance to 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, the
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 within 30 days of receipt of notice of needed repairs pursuant to
paragraph above. 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.
4. Assignment
a) Assignment by the Owner. The Owner has the right to assign at Owners option, to
Owner's nominee. 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 system upon thirty (30) days written
notice to the Owner.

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5. Use of Subcontractors. The Contractor may subcontract with such manufacturers,
suppliers and contractors as it deems desirable to perform any of the Contractor's
duties under this Agreement. The Contractor shall at all times remain responsible for the
performance of and 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 Agreement.
7. No Implied Waiver. The waiver 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 of 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 to 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 or email, to the Party to be notified
and addressed as follows:
To the Owner: Durham 85 Park c/o Scannell Properties
8801 River Crossing Blvd, Suite 300
Indianapolis, IN 46240
Representative: Kristi Zelenka
612-434-5635
[e-mail]
To the Contractor: Scott Leonard
Wastewater Solutions LLC
14 Apothecary Ct
Garner, NC 27529
919-661-8602
[e-mail]
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.
9. Place of Agreement. This Agreement and any questions concerning its validity, 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.
10. 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 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.

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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 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
his 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.
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 first above written.
03/18/2024
(Owner) Date
03/18/2024
(Contractor) Date