HomeMy WebLinkAbout909690_~OCT, 18,,8004~11: 84P/'1__ AFT0d PI F~,'ftlFIG ...... 0F'FICE ......... t't0,488~'m~p__~' ' ' ..... ' ~'
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MAINTENANCE AGREEMENT
ENItANCED SEPTIC SYSTEM
THIS MAINTENANCE AGREEMENT (this" ~ '"
agre..ment ) is made this/~ day of
~_~. ,200_~ by and between ,~ ~X ~l'~vv-r.m~c,(~- e: ~t~¥ ¢~.'¢~,~',t,,~.
,~hos.~ 'address ~s .~ ~-~.cnc 'g~(~ ~-a~a~,--~o. ~,~ o~. ~ '~ :5~'
(hereinafter referred to as "~wn~") and Lincol~ COunty, Wyoming q~hereinffter referred
to as the "County").
RECITALS:
Owner is the owner of real property located in Lincoln County, Wyoming,
more particularly described below (the "Property").
B. The Property is such that an Enlumced Wastewar~ Treatment System (the
"Treatment System") must be installed in order to meet the requirements of
. . . . the Lincoln County, Wyoming Zoning Resolution md/or the Lincoln Comity,
'WYomihg sUBdiVisi0fi Resolution. Or the-Ovmer has voltmtarily chosen to. _
have an enhanced wastewater treatment system installed.
C, In order to comply v¢ith Wyoming Department of Environmental Quality
Regulations, the Owner shall provide for the ongoing inspection, sampl;_ng
and maintenance of the system.
D. As the Small Wastewater Facility delegated authority, the coUnty also
requires the Owner to agree to provide for the ongoing' inspection;,sampling
and rnainten~ce of'the Treatment System.
NOW, THEREFOR.E, Owner agrees as follows:
1. Upon tnstMlation of the Treatment System and xhe execution of ~is
Agreement, Owner shall provide annual evidence of ongoing Treatment System
maintenance in the form of sampling results AND a copy &service contract for the
follow/rig year with a provider authorized by the Treatment System's mmmfacmrer.
\
2. Owner is required to keep the Treatment System on ~e Property iffgo0d
operation, condition and repair. Some repair or replacemen! costs may not be covered by
a service contract. Owner will be responsible to pa)' all costs not covered.
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RECEIVED 7/5/2oo5 at 10:5o AM
RECEIVING # 909690
BOOK: 5DO PAGE: 1'1 $
........ ::¢ ~ANNE WAGNER
LINCOLI~ j~Ty CLERK, KEMMERER, WY
PLF~HIMG OFFICE NO. 4~8 P. B
3, Owner's obligation to this Agreement shall continue unless a connection to a' 0 0.1 '~ 7
central saw~r is obtained and/or the requirement is eliminated by the County. ""-
4, This Agraement and the obligations on the part of the Owner hereunder shall
be perpetual ~d shall run with title to the Property and shall be binding upon Owner and
Owner's Mits, successors, assigns, transferees and grantees. This Agreement will be
recorded in the Office of the County Clerk to provide noti~ of the obligations of the
Owner and Owner's h, irs, successors, assigns, transferees and grantees to maintain the
Treatment System. Owner agrees to notify the County of the name of troy new O;vner
upon the transfer office Property.
.5. Failure m provide the County with evidence of annual effluent sampling AND
evidence of an ongoing maintenance contract shall constitute a violation of C'~e County
8mall Wastewater Regulations (February, 1996).
6. Violation of the provisions of the County Small Wastewater Regulations
(February, 1986) shall be deemed a misdemeanor. Each and every day or portion thereof
during which any violation of any of the provisions of the regulation is committed,
continued or permitted shall be considered a separate offense. Upon conviction of any
au.eh violation, such a person may be punished as provided by law with a fine of up to
$750.00 and l0 days in jail per day of violation.
7. Owner hereby grants to the County, the service contract provider and their
agents, for the term of this Agreement, an easement on, over and across the Property to
access, inspect, maintain, monitor and service the Treamaent System, including annual
sabapling of effluent and periodic sampling cf the settled solids.
1N WITNESS WttEKEOF, the OWNER Ms signed this Agreemem to be
effective ;he day and year firs; above written.
WITNES8 my l:tm~d this
STATE OF W'YOMfNC:~
COUNTY OF .,.~, ~'z4/L°~
.)
The above and foregoing instrument was acknowledged before me b~~
/~1,"'~__ this ./t9 day of_.~~~(,~/.~ ._, 200~.
WITNESS my hand mad official seal.
~.~,~ _NOTARY PUBLIC- OREGON ~