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HomeMy WebLinkAbout939018 RECEIVED 5/' : at 11 :54 AM RECEIVING # 939018 BOOK:' 694 PAGE: 633 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY õ00633 MAINTENANCE AGREEMENT AEROBIC W ASTEW A TER TREATMENT UNIT RECITALS: A. Owner is the owner ofreal property located in Lincoln County, Wyoming, morc particularly described below (the "Propeny"): SUbdivision:~~ ~.,~~ 1Sfe..~ ~~~eot #: 1 Z- (or legal description): B. The Propeny is such thaI an Enhanced Wastewater Treatment System (the "Treatment System") must be installed in order to meet the requi¡ements 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 insta]led. C. 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. D. 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 Treatmt:nt System and the execution of this Agreement, Owner shall provide annual evidence of ongoing Treatment System maintenance in the form 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 thc Property in good operation, condition and repair. Some repair or replacement costs may not be covered by a service contract. Owner will be rcspoJ1$iblc to pay all costs not covered. Friday, May 02, 2008 America Online: Lynndonnelley I 000634 3. Owner's obligation to this Agreement shall continue unless a connection to a central sewer is obtained andlor the requirement is eliminated by the County. 4. This Agreement and the obligations on the part of the Owner hereunder shaU be perpetual and shall run with tide to the Property and shaH be binding upon Owner and Owner's heirs, successors, assigns, transferces and grantees. This Agreement will be recorded in the Office of the County Clerk to provide notice of the obligations of the Owner ¡md Ov.11er's heiTs, successors, assigns, transferees and grantees to maintain the Treatment System. Owncr agrces to notify the County of the name ofany new Owner upon the transfer of the Property. 5. Failure to provide the County with evidence of arumal effluent sampling AND 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, J 986) shan be deemed a misdemeanor. Each and every da.y or portion thereof during which any violation of any of the provisions of the regulation is committed, continued or pern1Ìrted 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 ofviolation. 7. Owner hereby grants to the County, the service contract provider and their agents, for the term of this Agrcement, an easement on, over and across the Property to access, inspect, maintain, morntor and service the Treatment System, induding atUlual sampling of eff1uent and periodic sampling of the settled solids. IN WTTN'ESS WHEREOF, the OWNER has signed this Agreement to be effective the day and year first above written. . rd V¿ WITNESS my hand this ~ day of f R-l ' 2008. ~'M-< &ZMÁ~/7- ~II~ OWNER: -Ill '¡¿('lft.r¿ofl~ STATEOf.wyO~. ~O 0 ~II.) ~ 4f~)SS. COUNTY OF -/.."V'L· ) The above and foregoing instrument was acknowledged before me by I\~r"'" 1/11lfl€_ikyu, ~..., of - .200.æ WITNESS my hand and official seal. "'. ! Robert F. Welshmtl)tary Public Attorney at Law Notorial Officer State of Delaware lIw-erle.e.. Pt -.;y From: Lynndonnelley@aol.com [mailto:Lynndonnelley@aol.com] Sent: Thursday, May 01, 2008 7:16 PM Friday, May 02, 2008 America Online: Lynndonnelley