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HomeMy WebLinkAbout910542MAINTENANCE AGI~EEh~ENT AEROBIC TREAT/~NT UNIT '., 00133 ..00089 3 °o 5 5 0 ..J O O ._J THIS/XIAINTENANCE AGREEMENT (this "ag-reement") is made this ,/',~" day of whose address is (hereinafter refe~ed to ~ "Owner") ~d Lmco~ County, Wyo~g (hefeina~er refe=ed ro as the "County"). RECITALS: A Owner is the owner of real pro-e~l_, ~' located in Lincoln Counrv_~, Wvom'~ m=,= ~ a.~,,. more pa~icularly desc~bed below (the "Prope~")' ~ ~ O, ~ ~ Township N, Range W, Section The Properb, 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 Land Use Reg-ulations. Or the Owner has voluntar/ly chosen to have a Treatment System installed. 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 Count5, also requires the Owner to a~ee to.provide for the ongoing inspection, sampling and maintenance of the Treatment System. NOW, THEREFORE, Owner a~ees as £ollows: 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 AND a cop>, of service contract for the following year with a provider authorized by the Treatmem System's manufacturer. 2. Owner is required to keep the Treatment System on the ProperB, in good operation, condition and repmr. Some repair or replacement costs may not be covered by a service contract. Owner will be responsible ro pay all cosrs nor 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 Counb.~. o9xo54 ,.. 001,:.q ,i · 00090 4. This A~eement 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 ~antees. This A~eement will be recorded in the Office of the County Clerk to provide notice of the obligations of the Owner and Owner'5 heirs, successors, assigns, transferees and ~antees to maintain the Treatment System Owner agrees to notify the County of the name of any new Owner upon the transfer of the Properb,. 5. Failure to provide the County with evidence of annual effluent sampling AjxrD evidence of an ongoing maintenance contract shall constitute a violation of the County Small Wastewater Regulations (February, 1986). 6. Violation of the provisions of the Count>, Small Wastewater Regulations (Febn_ta~-, 1986) shall be deemed a misdemeanor. Each and eveIs~ day or portion thereof during which any violation of any of the provisions of the regulation is committed, continued or perrrfitted 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 grants to the County, the service contract provider and their agents, for the term of this A~eement, an easement on,' over and across the Property to access, inspect, maintain, monitor and service the Treatment System, including annual sampling of effluent and periodic sampling of the settled solids. iN WITNESS %~ri-!EREOF, the o~lrNER has signed this Agreement to be effective the day and 5,ear tn-st above written. · \~rlTNESS my hand this i ~ day of ~ STATE OF \~ryOMiNG OV, qx~ER: ¢ SS. The above and foregoing instrument was acknowledged before me by WITNESS my hand and official seal. }.../ Notary PU"~[17c / / ~t.~t.g~,t