HomeMy WebLinkAbout893883 RECEIVED
LINCOLI, I COUNT'( CLERK
MAiNT~~,REEMENT
AEROBIC TREATMENT UNIT
THIS MAINTENANCE AGREEMENT (this "agreement") is made this Z';Cday of
~-.~-~)'~m3m:w',2003, by and be~een ~O, rk 2. ~ Ih'h~ ~3.
whose address is ~'q (.o ..B ..3 . ~[ A_ b.~t ~.2r~\e~oooD, .,~
(hereinafter referred to as "Owner") and Lincoln County, W)oming Office of Planning
and Development (hereinafter 'referred to as the "County").
RECITALS:
Owner is the owner of real property located in Lincoln County, Wyoming,
more particularly described below (the "Property").
Lot 8 .of Block 7, Second Filing, Bedford Townsite, Lincoln County, Wyoming
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 Count5,,
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, O~mer 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
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 Count3,.
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 Count5, shall have a lien against the Property
described for any unpaid maintenance obligations, which lien ma), 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. O,amer 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 ;22)--~ day of ~
,200
STATE OF 'W'SqSYMg]4,C.~ )
)ss.
C 0 UN TY O.~F~.-x.y-- ~"'" )
-~'~e above and foregoing instrumen~was ac ~knowledged before me~----~\~.x.&.... ~.,.
WITNESS my hand and official sea!.
Notary Public ~%, Q.~-,r-,,'-~ ~' "x,.x.. ~
JAMIE D, THRUN
Notary Publi~ S~ate of Colorado
City and County ol Denver
930 Cook Street, Denver, CO 80206
Commission Expires December 4,