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HomeMy WebLinkAbout917865 ~~'~.~.;'.,..... .,'"..:...."-'~.'-.~.::.:...u.:...". ,~"···''--L;_''~_'.·_.·_· ·'n. '.. ,--,-:.:.::.:,=,---,~.~ '-"""-'-~"'~' -'''''''. . . ,., ~,.....,...,...'- J .~ RECEIVED 4/28/2006 at 10:32 AM RECEIVING # 917865 BOOK: 618 PAGE: 229 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY :MAINTENANCE AGREE:MENT .. .... r· Oð2!9 ~. AEROBIC \\1 ASTE\VA TER TREA TI\ffi1\'T UNIT THIS :MAINTENANCE AGREEMENT (this "agreement") is 111ade this A ft· day of ,A r r< , , 200~, by and between 7"' Q -...-, --. V"'. .-rl-. ~ .'::> ~ ,,,,hose address is P. ~. ð ""2- ....) c....l \<-::. ~ ~ ~ ~~ \ (hereinafter referred to as "Owner") and Lincoln County, \Vyoming (here' afterreferred . to as the "County"). RECTT ALS: A. Owner is the owner of real property located in Lincoln County, Vlyoming, more particularly described below (the "Property"): Subdivision: þA-e. <....J" c.JJ R.- ~ (or l~gal description): lI'--'\ R c-~ Ð -....1 R: :.t~ Lot#: Þ .~A,.\f>~~ . I '" ~--r B. 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, '\^lyoming Zoning Resolution and/or the Lincoln County, '\Vyorning Subdivision Resolution. Or the Owner has voluntarily chosen to have an enhanced wastewater treatment system installed. C. lDorder to comply with Wyomìng Department of Enviromnental Quality . Regulations, the Owner shall provide for the ongoìng inspection, sampling and maintenance of the Treatment System. D. As the Small \VastewaterFacility 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 shall provide annual evidence of ongoing Treatment System maintenance in the fom1 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 in good operation, condition and repair. Some repair or replacement costs may notbe covered by a service coptract. OVI'Iler will be responsible to pay all c.osts not covered. ~::: . '.:. ., . ,"'- , ¡ ..," ,:.':'.'" ,. ':j.',,,,'." ..L....,·... . ..,., ~i¡~~¡~¡~~~;j~:~~ :l:':·j_·~mff¡!fii:l¡J:j !~m;~~~¡r~;[~~ ........-.....-......,. 917865 00230· 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 County. 4. This Agreement and the obligations on the part of the OVlller 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 Count)' 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 oithe Property. 5. Failure to provide the Count)' with evidence of.annual effluent sampling.AJ\T]) evidence of an ongoing maintenance contract shall constitute a violation of the Count)r Small \Vastewater Regulations (February, 1986). ' 6. Violation ofthe provisions of theCounty Small Vhstewater Regulations (February, 1986) shall be deemed a misdemeanor. Each and every day or portion thereof during \\Thich 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 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, IN VlITNESS \VHEREOF, the OVlNER has signed this Agreement to be effective the day and year first above ,\I,lritten. WITNESS my hand this .jP O\\i'l\TER: day of AI;:I ,200.1. ¡-- y---... ~~.~ ~, STATE OF V,lYOMING COUNTY OF /: Jt/ t'O)A ) ) SS. ) The above and foregoing instrument 'was acknowledged before me bv - "-' ..........- 16/11 A/ 4mj1?h this (J. ¿ day of )/".: I ,200~, '\VITI\T£SS my hand and Offic~al seal. ,.~' CHERYLB.,RICHeNotaryPUbliC Notary Pubhc t /5.!¿li County of . State of , Lincoln Wyoming My Commission Expires January 4, 2007 i ¡ [ I I . t ~