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RECEIVED
LINCOLN COUNTY CLERK
THIS MAINTENANCE. AGREEMENT (this "agreement") is made this ! 7 day of
ff)~e.b/ ,200_~ by and between
whose address is ~ l-o'P-fi[bt-
(hereinaiter referred to as "Owner") and Lincoln Cotmty, 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").
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.
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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 inspection, sampling and maintenance of the system.
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.
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 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
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 ofthd 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. Failure to provide the County with evidence of annual effluent sampling AND
evidence of an ongoing maintenance contract shall constitute a violation of the County
Small Wastewater Regulations (February, 1986).
6. Violation of the provisions of the County Small Wastewater Regulations
(February, 1986) shall be deemed a misdemeanor. Each and every day or portion thereof
during which any violation of any of the provisions of the 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 frae of up to
$750.00 and 10 days in jail per day 0fviolation.
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, mo nitor 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 myhand this ~7 day of //'JQ~,¢'~'6 , 200_~.
OWNER/
STATE OF WYOMING )
)SS.
COUNTY OF L ,'¢~ C. ol v3 )
The above and foregoing instrument was acknowledged before me by
this l'-]~%'~ day of W'~ 0.' 0.. ~'~ ,200_~_.
WITNESS my hand and official seal.
yl[-~l{~[£0;,. tl0tr'~"~-'~'--~.~.,,,('~'~;~-"~ Notary Public