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HomeMy WebLinkAbout929065 "-' / / RECEIVED 5n/'LUUf èH 11:45 AM RECEIVING # 929065 BOOK: 656 PAGE: 813 JEANNE WAGNER Q808~3 - LINCOLN COUNTY CLERK, KEMMERER, WY :MAINTENANCE AGREEl\ffiNT ..... . . - . ~. AEROBIC '\VASTE\VATER TREATMENT UNIT THIS 1\1AINTENANCE AGREEMEl\TT (this "agreement") is made this 30 day of -J Pr ¡ ( , 200+, by and between '- j~ S t'\ (..."ì Q c:J: ._ who~.e address is~. '. ',: ..j-.:t" . . 0 . gtlg .JA·t-koy\ W~ g,:31D' (heremafter referred to as "Owner") and Lmco n COunt)l, Wyommg (heremafter .referred to as the "County"). . RECITALS: A. Owner is the owner of real property located in LincolnCounty, Vlyoming, more particularly described below (the "Property"): {:\-\ -p~.,I'-- 1tJ'I Subdivision: f'í\!L CLM'\A) ~. d.~t f ~~ Lot #: ,;).0 (or legal description): . 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, Wyoming Zoning Resolution and/or the Lincoln County, \Vyoming Subdivision Resolution. Or the Owner has voluntarily chosen to have an enhanced wastewater treatment system installed. C. In order to comply with Wyoming Department of Environmental Quality Regulations, the Ovmer shall provide for the ongoing inspection, sampling and maintenance of the Treatment System. D. As the Small Vlastewater Facility delegated authority, the County also requires the Owner to agree to provide for the ongoing inspection, sampling and maintenance of the Treatment System. NO\ìi', 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 fOIDl 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 Treatm.ent System on the Property i;1 good operation, condition and repair. Some repair or replacement costs may not be covered by a service cO,ntract. Oivner will be responsible to pay all costs not covered. OS2906S 00081'4 3. Owner's obligation to this Agreement shall continue unless a connection to a cen~ral sewer is obtained and/or the requirement is eliminated by the County. 4. This Agyeement 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 gyantees. This Agyeement 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 gyantees 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 AJ\TD evidence of an ongoing maintenance contract shall constitute a violation of the County Small \Vastewater Regulations (February, 1986). 6. Violation of the provisions of the County Small \Vastewater Regulations (February, 1986) shall be deemed a misdemeanor. Each and every day or portion thereof during which any violation of any ofthe 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 \VITNESS VlHEREOF, the O\~'1\TER has signed this Agreement to be effective the day and year first above written. VlITNESS my hand this 3 day of ,2002. O\\'1\TER: STATE OF \\TYOMING ) ) SS. ) COUNTY OF I~ The above and foregoing instrument was acknowJedged before me by Jo:;, h b-ì ~ C-~ ibis 5d day of .JY\~ \VITNESS lll)' hand and official seal. ,200~. DIAN.A M. JOY - NOTARY PUBLIC County of State of Teton WYOmin~ My Commission Expires l ~) 1- I Notary Public