HomeMy WebLinkAbout894678MA1NTENA~C~N~I~MENT
AEROBIC TREATMENT UNIT
RECEIVED
LINCOLN COUNTY CLERK:
03 0CT23 PH 2:31
JEANNE WAGNER
THIS MAINTENANCE AGREEMENT (this "agreement") is made this //day of
~o7% ,2003, by and between. . p tar'[oc./< Fe"-I';e'C LLC
whose address ~s ~,d).. ~t>K '3¢¢8' Al~_;ne_ bt,ix/ g'3/2-g
(hereinafter referred to as "Owner") and Lincoln Cour~ty, ~/yoming Office of Planning
and Development (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").
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.
Co
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
replacement costs may ~ot be coYered by ~ service contract. Owne~
will be responsible to pay all costs not covered.
Owner's obligation to this Agrec;rnent shall continue unless a
connection to a central sewer is obtained anffor the reqmrement is
eliminated by the County.
4. This Agreement and the obligations on the pm of the Owner
hereunder shall be perpetual and ~ run with title to the Ih'operty and
shall be l~din$ upon Owner and Ch,cner's heirs, successors, assigns,
tranfferees and grantees. This A~eement will be recorded in the
O~ce of the County Clerk to provide notice of the obligations ofthe
Owner md Owner's heir, successors, assigns, transferees and
grantees to ntaintai~ the Treatment System. Owner agrees to notifT
the County of the name of a~y new Owner upon the transfer of the
Property.
5. Owner agrees that the County shal~ have a lienagainst the ~operty
described for any unpaid maJntemmce obligations, which lien may be
fo[eelo~ed pursuan! to applicable law. The County shall also be
entitled to bring cotu-t actions to collect any deIinquent maintenance
costs owed by the Owner. The County shall be entitled to past due
costs, together with interest, filing fees, a~d attorneys fees in any
action, demand or proceeding to recove~ unpaid costs.
6 Owner hereby grants to the County, the service contract proxqder and
their agents, for the term of this Agreentent, an easement on, over and
across the Property to access, inspect, maintain, monitor and service
the Treatment System, including annual sampling ofe~uent a~d
periodic s~npling of the settled ~olids.
IN WITNESS WHEREOF, the OWNER has signed this Agreement to be
effective the day and year first above written.
'~TNESS my hand this Zq'~r~day of ~j~0~. ,2000_~
STATE OF WYO~G )
)SS.
COUNTY OF ~¢o~.~ ... )
The above and foregoing instrument was aclcnowledged before me by
WITNESS my hand and official seal.
Notary Public ~.~ ~