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RECEIVED
LINCOLN COUNTY CLERK
53'1'-
PR PAGE i 0 3 MAINTENAI~C~ ~PtE~MENT
O ~O 2 9. 4 03 ?.FP. --q_ ,,,r~'~'"' 12: t;. 5
AEROBIC TREATMENT UNIT
THIS MAiNTENANCE AGREEMENT (this "agreement") is made this 8th day of
September ,2003, by and between Kelly Fullmer
whose address is P.o. Box 1584, Alton, WY 83110
(hereinafter referred to as "Owner") and Lincoln County, Wyoming Office of Planning
and Development (hereinafter referred to as the "County").
RECITALS:
A. Owner isthe owner of real property located in Lincoln County, Wyoming,
more particularly described below (the "Property").
Lot 7 of the
Grover Townsite
Block 8 Second Filing,
LincOln County, Wyoming
B. The Property is such that an Aerobic Treatment Unit (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
aerobic treatment unit installed.
In order for the Wyoming Department of Environmental Quality to approve
the installation of the Treatment System, the Owner is required to agree to
provide for the ongoing maintenance, including sampling and inspection, of'
the system.
As the Small Wastewater Facility delegated authority, the Lincoln County,
Wyoming Office of Planning and Development; also requires the OWner to
agree to provide for the ongoing maintenance, including sampling and
inspection, of the Treatment System.
NOW,. THEREFORE, Owner agrees as follows:
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(s). The maintenance
contract provider shall be qualified and approved by the manufacturer
of the Aerobic Treatment Unit.
2. Owner is required to keep the Treatment System on the Property in
good operation, condition and repair. Periodic pumping, repair or
i04
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 obligations on the part 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 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. Owner agrees that the County shall have a lien against the Property
described for any unpaid maintenance obligations, which lien may be
foreclosed pursuant to applicable law. The County shall also be
entitled to bring court actions to collect any delinquent maintenance
costs owed by the Owner.. The COunty shall be entitled to past due
costs, together with interest, filing fees, and attorneys fees in any
action, demand or proceeding to recover unpaid costs.
6. 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 ~/ day of~ ,200~_.
OWNER: ~~~
STATE OF WYOMING )
COLFNTY O&(~ ~SS.
The above and foregoing instrument was acknowledged before me by
this 7 dayof,S/? ,200~.
~rITNESS my hand and official seal.
My Commission Expires Se ternber 8, 2006