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Dewees Annual Sprinkler, Backflow Valve, and Life Safety Monitoring System Inspection

Dear Homeowners,

Each year, under the auspices of the DUC, this notice is sent to you notifying you of the Annual Sprinkler, Backflow Valve, and Life Safety Monitoring System Inspection.

Safety on Dewees Island is of paramount importance to everyone on the island. The Architectural Review Board (ARB) regulations V.c.4.f. require each house to be equipped with a monitored life safety system which must be kept in working order and inspected annually.  Failure to install and maintain a central monitoring system will result in a fine of $3,500.00, payable in 30 days from your notification of deficiency. In addition, DHEC (the South Carolina state agency which governs our water and sewer systems) requires each sprinkler system to have what is called a backflow prevention valve which must also be kept in working order and is subject to annual inspection.

This is to inform you that Dewees Utility Corporation will be conducting annual testing of all Island sprinkler and fire monitoring systems during the week of October 5 – October 9, 2015. Your home is scheduled to be inspected during that week.

VSC Fire and Security will do the inspection again this year. We will attempt to contact you prior to your inspection day. Someone from the Utility Staff or Public Safety will be with the inspection crew while they do the inspection in your home.

Please be aware that your alarm system may be tripped off during inspection. To avoid any confusion I would like to ask you to send me the name and number of your Alarm Company and code to cut off the alarm. If you would like to be present during the inspection please call or e-mail me and I will arrange a time.

My number is 843-568-3992 and e-mail is IslandAdmin@deweesislandpoa.org

I will coordinate with Dewees Public Safety Officers so they are aware of our testing. The cost of this inspection is $100.

Below the Utility’s Indemnity and Hold Harmless Agreement. If you have not signed this agreement in the past please read and sign it. We will need to receive this Agreement before VSC can proceed with their inspection, so please scan your signed copy and return it ASAP by email , or mail (273 Old House Lane, Dewees Island, SC 29451-9408)

Please call me if you have any questions or concerns about this procedure.

Thank you,

Catherine

Catherine Kovacs
Island Administrator

DI Tree

Dewees Island POA Inc. &
Dewees Utility Corporation
273 Old House Lane
Dewees Island, SC 29451-9408

843-568-3992
Toll Free & Fax: 800-693-4876
email: IslandAdmin@deweesislandpoa.org


LINK TO INDEMNITY AND HOLD HARMLESS AGREEMENT  ON LINE  Click here to view

INDEMNITY AND HOLD HARMLESS AGREEMENT

 

THIS INDEMNITY AND HOLD HARMLESS AGREEMENT (‘Agreement’) is effective as of the undersigned date (the ‘Effective Date’) by and between Dewees Utility Corporation, a South Carolina non-profit corporation (‘DUC’), and the undersigned owner(s) of real property within the Dewees Island development and member of the DUC (‘Member’).

           RECITALS:

           WHEREAS DUC is a non-profit corporation that provides water service to the residents of Dewees Island, South Carolina;

           WHEREAS DUC and Member recognize that any fire on Dewees Island is a serious threat to the assets of Member, DUC, and other Members of DUC;

WHEREAS Member understands that Member is required to install and maintain certain fire monitoring equipment at Member’s dwelling to monitor and reduce the threat of such fire;

           WHEREAS it is beneficial for DUC and its Members to know if such fire monitoring equipment is installed and operational;

            WHEREAS DUC currently arranges for inspections of emergency sprinkler systems installed within each dwelling on Dewees Island (‘Sprinkler Inspections’) through the use of an independent inspection company (‘Inspector’) to determine:  (a) that the sprinkler system is working properly and at the correct pressure, and (b) that the emergency sprinkler systems are properly installed, operational, and connected to a central monitoring system that notifies emergency response personnel in the event a sprinkler is activated (‘Monitoring System’);

            WHEREAS, in furtherance of this goal, DUC will expand the scope of Sprinkler Inspections to include an inspection of smoke detectors and heat detectors installed within each dwelling on Dewees Island.

AGREEMENT 

            NOW, THEREFORE, in consideration of the foregoing and of the mutual representations and agreements contained herein, DUC and Member hereby agree as follows:

1.         As part of the Sprinkler Inspections, DUC will also have the Inspector test smoke detectors to determine that they are working properly.  DUC will have the Inspector inspect but not test heat detectors as these detectors are designed for one-time use only and cannot be tested.

2.         As part of the Sprinkler Inspections, DUC will have the Inspector inspect smoke detectors and heat detectors to determine that they are properly connected to the Monitoring System.

3.         DUC shall impose a fee for the increased scope of the Sprinkler Inspections, which fee shall be determined by its Board of Directors in its reasonable discretion and which may, from time to time, be adjusted in the monthly rate charged to members.

4.         Member agrees that it is the Member’s responsibility to maintain and monitor Member’s own emergency sprinkler system, Monitoring System, smoke detectors, and heat detector, that the Sprinkler Inspections are not meant to take the place of Member’s responsibility in this regard, that DUC cannot and does not control the threat of fire or other hazard, and that DUC conducts the Sprinkler Inspections as a precautionary measure with regard to this threat.

5.         Member further agrees and acknowledges that Member is in no way relying upon DUC’s Sprinkler Inspections for the safety or protection of Member, any other person, any animal, any real property, or any personal property entering onto, occupying, or located on or within the Member’s dwelling or the real property on which the dwelling is located.

6.         Member, along with any of the other undersigned (collectively, the ‘Indemnitor’), agrees to indemnify and hold harmless DUC and its independent contractors, agents, servants and/or employees (collectively, the ‘Indemnitee’) from any and all claims, liability, lawsuits, judgment, losses or damage, causes of action, attorneys’ fees, and cost of whatsoever kind and nature Indemnitee suffers as a result of claims, causes of action, lawsuits, demands, or judgments against Indemnitee resulting from, arising out of, or related to the Sprinkler Inspections unless same are proximately caused by or result from the sole negligence of DUC. For purposes of this Agreement, the term ‘Indemnitee’ shall not include ‘Inspector.’

7.         Indemnitor agrees to indemnify, hold harmless, and reimburse in full Indemnitee against any claims brought or actions filed against Indemnitee in respect to the subject of indemnity specified here and above in this Agreement, whether such claims or actions be rightfully or wrongfully brought or filed, and against all costs incurred by Indemnitee therein.  In the event an action should be filed with respect to the subject of indemnity specified in this Agreement, Indemnitor agrees that Indemnitee may employ an attorney of Indemnitee’s own selection to appear and defend the action, on behalf of Indemnitee, at the expense of the Indemnitor.

8.         Member acknowledges that Inspector is an independent contractor and is not an agent or employee of DUC.  Accordingly, DUC has no control over the Inspector’s method or manner of conducting the Sprinkler Inspections.  In the event of any loss, claim or damage of any kind to Member as a result of or arising from the Sprinkler Inspections, Member agrees to look solely to the Inspector for compensation for such loss, claim or damage unless same are proximately caused by or result from the sole negligence of DUC.

9.         This Agreement shall be governed by and construed under the laws of the State of South Carolina.

10.       In the event any one or more of the provisions contained in this Agreement, or the application thereof in any circumstance, is held invalid, illegal or unenforceable in any respect for any reason, then the validity, legality and enforceability of any such provision in every other respect and of the remaining provisions of this Agreement shall not be impaired in any way, it being the intention of the parties that this Agreement shall be enforceable to the fullest extent permitted by law consistent with the intentions of the parties.

Executed this _____ day of  _________________________, 2015.

Dewees Utility Corporation                                Member

______________________________                  By:_____________________________

Its:  __________________________                  ________________________________
Print Name

Other Owners

By: __________________________                   By: _____________________________

_____________________________                    ________________________________
Print Name                                                          Print Name

By: __________________________                   By: _____________________________

_____________________________                    ________________________________
Print Name                                                           Print Name

By: __________________________                   By: _____________________________

_____________________________                    ________________________________
Print Name                                                          Print Name