HomeMy WebLinkAbout940076
RECEIVED 6/25/2008 at 10:21 AM
RECEIVING # 940076
BOOK: 698 PAGE: 320
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
NUUNTENANCEAGREEMENT
AEROBIC WASTEWATER TREATMENT UNIT
Ü00320
THIS MAINTENANCE AGREEMENT (this "agreement") is made this ~ day of
'j'"uNE:: , 200~, by and between p~ ¡: R.~GttN
whose address is 3317 foPV') UctJYaN Ru'fl> AuSt iV j '~(tS '7'[(1'16
(hereinafter referred to as "Owner") and Lincoln County, 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"):
Subdivision: Sure£' s CAfJ'fON fA' ~ ~S.st. 2.
Lot #: 6
(or legal description):
B. The Property is such that an Enhanced Wastewater Treatment System (the
"Treatment System") must be instaIled 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 instaIled.
C. In order to comply with Wyoming Department of Environmental Quality
Regulations, the Owner shaIl provide for the ongoing inspection, sampling
and maintenance of the Treatment System.
D. As the SmaIl Wastewater Facility delegated authority, the County also
requires the Owner to agree to provide for the ongoing inspection, sampling
and maintenance ofthe Treatment System.
NOW, THEREFORE, Owner agrees as foIlows:
1. Upon installation of the Treatment System and the execution ofthis
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 the Property 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.
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3. Owner's obligation to this Agreement shall continue unless a connection to a~'00321.
rentra1 sewer is obtained and/or the requirement is eliminated by the County. \.
4. This Agreement and the obligations on the pali 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 notièe ofthe 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 effluent sampling AND
evidence of an ongoing maintenance contract shall constitute a violation ofthe County
Small Wastewater Regulations (February, 1986).
6. Violation ofthe provisions ofthe County Small Wastewater Regulations
(February, 1986) shall be deemed a misdemeanor. Each and every day or portion thereof
during which any violation of any ofthe provisions ofthe 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 of violation.
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 WHEREOF, the OWNER has signed this Agreement to be
effective the day and year first above written.
WITNESS my hand this 17 day of j'"JN~ ,200~.
OWNER: '17 it t-\ \[ ~~
Iê~
STATE OF WYOMTI~G )
COUNTY OF \'?Q}V; 'S ) SS.
)
The above and foregoing instrument was acknowledged before me by
l.sd:t.{ ~. ~ this 17 day of ~ ' 200B.
WITNESS my hand and officiaJ seal.~' .
....¡1V"- Notary Public __;2. ~ .TJ:. )
~...~... .w... LISA R. FOSTER ~
i+¡' ..{,,~ Notary Public, State of Texas
ª :. .: Ë My Commission Expires
~ -:.,:....~....~..~~ May 06.2009
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