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HomeMy WebLinkAbout924527 -~ ,; /q , RECEIVED 11/17/2006 at 11 :02 AM RECEIVING # 924527 BOOK: 640 PAGE: 566 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000566 ..---.-.--. - ------' -.--- ----- T\1AINTENANCE AGREEMENT 4. AEROBIC \VASTEV\'ATER TREATMENT UNIT . ' ,. THIS WJNTENANCE AGREEMEt\TT (this "agreement") is, rr\ade tJJis .' S· da)., of . ,A..S:NF:¡j·I¡.I5-f,.'L , 200~, by and between L'"1."':"E 1:.lc..K.'" ~ .dLt\..le ~~Ì) whose address is gz>>L'S , l 2..4 l ~ l/\.ÍE>-IT ÅtJ6Ú e,.AI) W'1 ß ~ i J (hereinafter referred to as "Owner") and Lincoln County, Wyoming (hereinafter referrèd to as the "County"). RECITALS: A. Owner is the owner of real property located in LincolnCounty, ViTyoming, more particularly described below (the "Property"): Subdivision: ·Lot #: (or legal description): _L _T \ tsLOc...\(.. Z. . l1ú'6Ue..N -r;W.N"SlT€ B. The Property is such that an Enhanced \Vastewater Treatment System (the "Treatment System") must be installed in order to meet the requirements of the Lincoln County, \Vyoming Zoning Resolution and/or the Lincoln County, Vlyoming Subdivision Resolution. Or the Owner has voluntarily chosen to have an enhanced wastewater treatment system installed. C. In order to comply with Wyoming Dep3rtment of Enviromnental Quality . Regulations, the Owner shall provide for the ongoing inspection, sampling and maintenance of the Treatment System. D. As the Small WastewaterFacility delegated·al,lthority, the County also requires the Owner to agr~e to provideJor the ongoing inspection, sampling and maintenance of the Treatment System. NOV\', THEREFORE, Owner agrees as follows: 1. Upon installation of the Treatment System and the execution of tbis Agreement, O'i'i'ner shall provide annual evidence of ongoing Treatment System maintenance in the form ofsarnpling results AND a copy of service contract for the following year with a provider authorized by the Treatment System's manufacturer. f 2. Owner is required to keep the Treatment System on the Property 4t good operation., condition and repair. Some repair or replacement costs may not be covered by ____..'___'_ ~__.L'-"'.. . _.""1._ __ _ _"'.1_.1.._ . _,.. ___~_ ... __... ._.J ';':'" . 0924527 000567 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 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 COllnty 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 AJ\T]) 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 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 ofviolatiQn. 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 'WITNESS \VHEREOF, the OVi1J\TER has signed this Agreement tó be effective the day and year first above written. 'WITNESS my hand this' ';) day of Á.r.:.~B. €-fL. ,200~. O~TER:rdj· ~~ STATE OF \VYOMING ) . COUNTY OF ~ ~ SS. The above and foregoing instrument was acknowledged before me byJ¡J¡,~ i this /5 day of (It!iJ!we ~~ I Jk R. a""rd ,200~. VlITNESS my hand and official seal. ANJI TAYLO~ NOTARY PUBLIC COUNTY OF ~. STATE OF LINCOLN ~ WYOMING MY COMMISSION ÈXPIRES AUG 3. 2009 Notary Public C4i~ . -........-. .'.,............... ... ........... .'......"....