HomeMy WebLinkAbout910830 RECEIVED 8/11/2005 at 10:43 AM
RECEIVING # 910830
BOOK: 594 PAGE: 108
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
MAINTENANCE AGREEMENT
AEROBIC WASTEWATER TREATMENT UNIT
TH S MAINTENANCE AGREEMENT (this "agreement") is made this ~5' day of
F~ 2 e , --'--
~ k 00.='~' bY and bJ m een~-J~"~ '/
whose address is ,/~.,,~/oW,~ ,?_~&lZ~-74X_~'(_~,O /~ ~ '
(hermna~er refe=ed to as Owner ) and Lincoln Co~ty, Wy0m~g (here~a~er.refe=ed
to as ~e "Count").
RECITALS:
A. Owner is the owner of real property located in Lincoln County, Wyoming,
more particularly described below (the "Property"):
(or
legal description):
The Property is such that an Enhanced WasfeWater 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.
In order to comply with Wyoming Department of Environmental 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 agree to provide for the ongoing inspection, sampling
and maintenance of the Treatment System.
NOW, THEREFORE, Owner agrees as follows:
1. Upon installation of the Treatment System and the 'execution of this
Agreement, Owner shal!provide annual evidence of ongoing Treatment System
maintenance in the form .of sampling results AND a copy of .s_eryice contract for the
fqllowing 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 ma5, not be covered by
a service co~ntract. Owner will be responsible to pay all costs not covered.
0a LOSC O 0 0 i 0 9
3. Owner's obligation to this Agreement shall continue unless a connection ro 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, 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 Sygt,em. 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 County
Small Wastewater Regulations (February, 1986).
6. \qolation 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 reg-ulation 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 injail 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 Treatment System, including annual
sampling of effluent and periodic sampling of the settled solids.
1N WITNESS WHEREOF, the OWNER has signed this Agreement to be
effective the day and year first above written.
WITNESS mY hand this '~_9~w--'~ay of ~/~~a~/ '~2200,~
OWNER: ,
STATE OF WYOMING )
The above and foregoing instrument was acknowledged before me by
is ~'-'-- day of ,200,.5-7
WITNESS my hand and official seal.