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HomeMy WebLinkAbout939829 MAY-;¿l-;¿LJ/BJ 'Il"Jö PM Ml High Excavalion 3078833943 n 8 èOV~67 MAINTENANCE AGREEMENT AEROBIC WASTEWATER TREATMENT UNIT .' , ~ TInS ~ANCE AGREEMENT (this "agreement'~ is made this 3- day of - f\e . ZOO-ª.. by and between JAsDI\ w("\tt- whose address is ~, Q. B3b==;-.J ~~ 1.0 t 'b.~ _ (hereinafter referred to as "Owner'~ and Lincoln COWlty, Wyoming (hereinafter referred to as the "County"). RECITALS: A. Owner is the owner of real property located in Lincoln County, Wyoming, more particularly described below (the "Property"); ..i,J... J...u'L Subdivision: .S'oJr IZ){~ C o~e Lot#: ~6 G\AA "\L\ p~ \ (otlegal description): Sc...\t K.~ &c... L,t \~ Ü\(;X:V\' ~ SrM #tHe( Co*-)Lo1"Z,3 . 0,..,)<>'''1 ;l. 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, Wyoming 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 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 reqUÎreB 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 AgIemel1t, 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 the Propel'l¥ in good operation, condition and repair. Some repair or replacement costs may not be covered by a service contract. Owner will be responsible to pay all costs not covered. RECEIVED 6/17/2008 at 11 :15 AM RECEIVING # 939829 BOOK: 697 PAGE: 367 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY èOú368 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 tho part of the Owner hereunder sbal1 be perpetual and sball nm with title to the Property and shall be binding upon Ownet and Owner's heirs, BUccesSors, assigns, transferees and grantees. This Agreement will be recorded in the Office of the County Clerk to provide notico ofths obligations of the Owner and Owner's hcírs~ suçcessors, assigns, transferees and grantees to maintain the Treatment System. Owner agrees to notifY the COmIty of the name of any new Owner upon the transfer of the Property. 5. Failme to provide the County with evidence of annual effiuent sampling AND evidence of 811 ongoing maintenance contract shall constitute a violation of the County Small Wastewater Regulations (February, 1986). 6. Violation of the provisions of the Comty Small Wastewater Regulations (February, 1986) shall be deemed a misdemeanor. Each and eveI)' day or portion thereof during which any violation of any of the provisions of the regulation is committed, continued or pennitted 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 $750.00 and 10 days in jail per day of violation. 7. Owner hereby grants to the COmIty, the service contract provider and their agents, for the tenn of this Agreement, an easement on~ over and across the Property to access, inspect, maintain, monitor and service the Treatment System, including mmual sampling of etl1uent and periodic sampling of the settled solids. IN WITNESS WHBREOF~ the OWNER has signed this Agreement to be effective the day and year tirst above written. WITNESS my hand this ~ day of ~ V\..e. ';{ . 200_. OWNER: ~~f STATE OF WYOMING Ld' ( ) SS. COUNTY OF {\to ~ ) _. \ \ \\t The abo':,e and foregoing instrument was acknowledged before me by ~'ð$[) Y) lA.)Y ð [G-r\~ this:.:grtL day of ~ r\e .200'{: ) WITNESS my hand and Qfficialseal. S SUllo GRIFFIN NarARV PUBUC Notary Public ~(JQ COUNTY OF . STATE OF LINCOI.N . WYOMING IØIIIII OCRIIER 19, 2Q11 t&n;t§ ~