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HomeMy WebLinkAbout960040MAINTENANCE AGREEMENT AEROBIC WASTEWATER TREATMENT UNIT RECITALS: RECEIVED 7/12/2011 at 11:20 AM RECEIVING 960040 BOOK: 769 PAGE: 317 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000317 THIS MAINTENANCE AGREEMENT (this "agreement is made this 7 day of sJ L 2 0 Z by and between j4 1 m J aa WJGt) 11 1 a 49s LL.L. P whose addr6ss is 0'3 o K 3? 0 Alp e t g 3 /z 8 (hereinafter referred to as "Owner and Lincoln County, Wyoming (hereinafter referred to as the "County A. Owner is the owner of real property located in Lincoln County, Wyoming, more particularly describ ed below (the "Property"): Afp%h1e V'o 110 Ale c usenQed' Lot Subdivision: P lai z 6 t4 .Q (or legal description): NOW, THEREFORE, Owner agrees as follows: 1t� 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 requires the Owner to agree to provide for the ongoing inspection, sampling and maintenance of the Treatment System. 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 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. 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 bligations on the part of the Owner hereunder shall be perpetual and shall run with title to t,�ie Property and shall be binding upon Owner and Owner's heirs, successors, assigns, transf rees and grantees. This Agreement will be recorded in the Office of the County Clerk provide notice of the obligations of the Owner and Owner's heirs, successors, assign transferees and grantees to maintain the Treatment System. Owner agrees to notify the ■ounty 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 consti to a violation of the County Small Wastewater Regulations (February, 1986). 6. Violation of the provisions of the County Small Was water Regulations (February, 1986) shall be deemed a misdemeanor. Each and eve day or portion thereof during which any violation of any of the provisions of the regulatio is committed, continued or permitted shall be considered a separate offense. Upon onviction of any such violation, such a person 'l ay be punished as provided by law with fine of up to $750.00 and 10 days in jail per s of violation. 7. Owner hereby grants to the unty, the service contract provider d their agents, for the term of this Agreement, a asement on, over and across the P perty to access, inspect, maintain, monitor and servi the Treatment System, including nnual sampling of effluent and periodic sampling o e settled solids. IN WITNESS WHEREOF, the OWNER ha signed this Agreement to be effective the day and year first above written. WITNESS my hand this 1 day o STATE OF WYOMING COUNTY OF NL. JAYANTHI J. ROTH NOTARY PUBLIC COUNTY OF T, STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES MARCH 31, 2013 OWNER: SS. Notary Public. 20gI 1 0©031€ The above and foregoing instrument was acknowledged before me by LAW) this day o l 20th. ITNESS my hand and official seal AP NO,