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HomeMy WebLinkAbout909266MAINTENANCE AGREEMENT AEROBIC TREATM~ENT UNIT THIS MAINTENANCE AGREEMENT (this "a~eement") is made this ,/~/ day of whose address is / (hereinafter referred to as "Owner") and Lincoln County, Wyoming (hereinafter referred to as the "County"). RECITALS: A, Owner is the owner of real property located in Lincoln Counb,, V~Zyoming, more particularly described below (the "Property"): Subdivision: f'[! ~ &ri ccc Lot No. Township N, Range W, Section The Property is such that an Enhanced Wastewater Treatmem System (the "Treatment System") must be installed in order to meet the reqmrements of the Lincoln County, Wyoming Land Use Regulations. Or the Owner has voluntar/ly chosen to have a Treatment System installed. In order to comply with VZyoming Department of Environmental Quality Regulations, the Owner shall provide for the ongoing inspecnon: sampling and maintenance of the Treatment System. As the Small Wastewater Facility delegated authority, the County also requires the Owner to a~ee to.provide for the ongoing inspection, sampling and maintenance of the Treatment Sysmm. NOW, THEREFORE, Owner agrees as follows: 1. Upon installation of the Treatment System and the execution of this A~eement, Owner shall provide annual evidence of' ongoing Treatment System maintenance in the form of sampling results ANrD a copy of sera,ice contract for the following year with a provider author/zed by the Treatment System's manufacturer. 2. Owner is required to keep the Treatment System on the Properl5, in good operation, condition and repair. Some repair or replacement costs may not be covered by a service contract. Owner will be responsible to pay all costs not covered. 3. Owner's obligation to this A~eement shall continue unless a connection to a central'sewer is obtained and/or the. requirement is eliminated by the County. 4. This Agreement and the obligations on the part of the Owner hereunder shall be perpetual and shall run with title to the Property and shall be binding upon Owner and Owner's heirs, successors: assig-ns, transferees and grantees. This Ag-reemeni will be recorded in the Office of the Count), Clerk to provide notice of the obligations of the Owner and Owner'~ heirs, successors, assi~tms, transferees and grantees to maintain the Tr.eatmsnt System. Owner agrees to notify the Count), of the name of an.), new Owner upon the transfer of the Properb,. 5. Failure to provide the County with evidence of annual effluent sampling AND evidence of an ongoing maintenance contract shall constitute a violation of the Count), Small Wastewater Regulations (February, 1986). 6. Violation of the provisions of the Count), Small Wastewater Regulations (February, 1986) shall be deemed a misdemeanor. Each and every da), or portion thereof during which any violation of any of the provisions of the regulation is commJtted: continued or permitted shall be considered a separate offense. Upon conviction of any such violation, such a person ma), be punished as provided by law with a fine of up to $750.00 and 10 days in jail per day of violation. 7. Owner hereby g-rants to the Count),, the service contract provider and their agents, for the term of this Agreement, an easement on, over and across the Property to access, respect, maintain, monitor and sen,ice the Treatment System, including annual sampling of effluent and periodic sampling of the settled Solids. IN WITNESS \~ri-tER_EOF, the OVdNER has signed this Agreement to be effective the da), and ),ear first above written. \VITNESS my hand this / ay o , 200~_~_. ST^? OF W .O e . ) )SS. The above and foregoing instrument was acknowledged before me by ~TNESS my hand and o~cial seal. ' ~ ~