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HomeMy WebLinkAbout910335L 004.4.J MAINTENANCE AGREEMENT AEROBIC WASTEWATER TREATMENT UNIT THIS MAINTENANCE AGREEMENT !this "a~,-eement") is made .this .,2, ~- day of ,~/64 ,200:ff-,byandbemeen .-oldenr o, o ./ 7/ r e5 ~,hos~ aa/dress is'J~- . ._6 '~0 Z '~¢ [. '7-~ d ~ e,.. /4fl~/. ~5 r :z7 (heremafter refen-ed to as "Owner") and Lincoln County, ~ymmng (herginafter referred to as the "County"). RECITALS: A. Owner is the owner of real properXy located in Lincoln County, Wyoming, more particularly described below (the "Property"): Subdivis'ionl/~,'/~",'c~a~ ~ 'Lot #: ,~ ~ (or legal description): The Property is such that an Enhanced Wastewater Treatment System (the "Treatment System") must be installed in order to meet the requirements of the Lincoln County, Wyoming Zoning Resolution and/or the Lincoln County, Wyoming Subdivision Resolution. Or the Owner has voluntarily chosen to have an enhanced wastewater treatment system installed. Co In order to comply with Wyoming Department of Enviromnental Quality Regulations, the Owner shall provide for the ongoing inspection, sampling and maintenance of the Treatment System. As the Small Wastewater Facility delegated-authority, the County also requires the Owner to ag, zee to provide for the ongoing inspection, sampling and maintenance of the Treatment System. NOW, THEKEFOKE, Owner agrees as follows: 1. Upon installation of the Treatment System and the execution of this Agreement, Owner shall provide ammal evidence of ongoing Treatment System maintenance in the form of sampling results AND a copy of service contract for the following year with a provider authorized by the Treatment System's manufacturer. 2. Owner is required to keep the Treatment System on the Property i,n good operation, condition and repair. Some repair or replacement costs may not be covered by a sen,ice contract. Owner will be responsible to pay all costs not covered. RECEIVED 7/28/2005 at 11:10 AM RECEIVING # 910335 BOOK: 592 PAGE: 445 JEANNE WAGNER I INI~(31 IXl ('t.(hl IIXlTY e.I PPi<' I~FI~41k4FPFP ',-0044 3. Owner's obligation to this Agreement shall continue unless a connection to a central sewer is obtained and/or the requirement is eliminated by the Count),. 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, assigns, transferees and grantees. This Agreement will be recorded in the Office of the County Clerk to provide notice of the obligations of the Owner and Owner's heirs, successors, assigns, transferees and grantees to maintain the Treatment System. Owner agrees to notify the County of the name of any new Owner upon the transfer of the Property. 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 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 such violation, such a person may be punished as provided by law with a fine of up to $750.00 and 10 days in jail per day ofviolati'on. 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 sea, ice the Treatment System, including annu. al sampling of effluent and periodic smnpling of the settled solids. 1N V~qTNESS WHEREOF, the OWNER 'has signed this Agreement to be effective the day and year first above written. WITNESS my hand this~ day __, 200.~ STATE OF WYOMING OF L5 o-o{ ) )ss. ) The above and foregoing instrument was acknowledged before me by \VITNESS my hand and official seal. ~ TAMARA HORSLEY- NOTARY PUBLIC~ ~' ~', County of ~ State of ~ Lincoln ~.~ W¥orr. ingI l~My Comm~ .~. 'ssion Ex ires , -~.