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HomeMy WebLinkAbout930243 Jun 08 3: 14AM Re i nhart 8c SOl IC 5291996 p.2 RECEIVED 6/11/2007 at 2:28 PM RECEIVING # 930243 BOOK: 661 PAGE: 617 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY I 000617 MAINTENANCE AGREEMENT AEROBIC WASTEWATER TREATMENT UNIT THIS MAINTENANCE AORBBMENT (this "agreement") is made ibis _ day of , 200~ by ad bøtweeD DAN SCHWAB whose address is (hereiDafter referred to as "Owoeè') and Lincoln County, Wyoming (heRinafter referred to as 1be ·'County"). RBCIT ALS: A Owner is 1he owner ofœal property 10C8t0d in Linœ1n County, Wyoming. more particularly described below (the ""Property): Subdivision: Township Of Bedford Lot #:.17,18,19,20,21 Block 5 Fourth Filing B. The Property is such 1hat an EDhanced Wastewater Treatment System (the 1'~ System''') must be iDsta1Ied in order to Jœet the requirements of the Lincoln County" Wyoming ZooiDg Resolutiœ adlor the Lincoln Coœty, Wyoming Subdivision Resolution. Or 1he Owner has voluntarily dIosen to have an ed1aoœd wastewater treatvIMmt system installed. C. In order to comply with Wyoming Departmeut ofEnvironmeDta1 Quality Regulations, 1I1e Owner shall provide for the œgoiDg iDspection, sampliDg and maintenance of1be TreattJlent System. D. As the Smø1l W~ Façility, delegated authority,1he COÚDty also requires the Ownm to 88f"C to provide for the ongoing inspection, sampling and maintenance oftbe 1'1vatau¡;¡4t System. NOW, nmREFORE, Owner agæes as follows: 1. Upon iDstaIlation of1be TIØJn~ System and the execution of this AgreemeDt, Owner shaI1 provide armual evidence of ongoiDg 'frP.td'ment: System maintenance in 1he form of sampling results AND a copy of service contract for the following yar with a provider authorized by 1be Treadment System's manufacturer. 2. Owner is requiml to keep the T~t System on "the Property in good operation, conditiœ and repai,r. Some repllÌr or replaçemeot costs may not be covered by a service con1nd. Owner wiD be responsible to pay all çosts not covered. Jun 08 2007 9:14AM Reinhart & Sons Inc 5291996 p.3 ..,iI U::J.j u;(~ ·:~~b 3. Owner's obligation to this Agreement shall continue l.Ulless a connection to a. central sewer is obtained and/or the requirement is eliminated by the COWlty. 4. This Agreement and the obligations on the part oftbe Owner hennmder sball be perpetual and shall run with title to the Property and shall be binding upon Owner and Owner's heirs, 8UCcesSOIS, 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 County of the name of any new Owner upon the transfer of the Property. 5. Failure to provide the County with evidence of annual eft1uent sampling AND evidence of an ongoing maintenance contrad: sball constitute a violation of the County Small Wastewater Regulations (February, 1986). 6. Violation of the provisions of the COWlty 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 injail per day of violation. 7. Owner hereby grants to the CowUy, 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 oftbe settled SQlids. IN WITNESS WHEREOF. the OWNER bas signed this Agreement to be effective the day and year first above writtm, WITNESS my hand this ~ day of ~~ . 200:]. STATE OF WYOMING COUNTY OF !-- ì: V\- e.. () i '^-- OWNER:Ç-- ~ ~- ) )SS. ) The above and foregoing instrument was acknowledged before me by 1ft III ~ \ A .:r-- . ~d1 vJa.~ this ~ day of ~~ ,200..:2 WITNESS my band and official.ea!. Q ß . NotaryPublic ¡ ~ ~ æ/Æ DEBORAH SCHWAB· NOTARY PUBLIC County of State of My Commission Expires July 21, 2010