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HomeMy WebLinkAbout904800 RECF:IVED 11/24/21394 at 1 RECEIVING # 913~4800 ROOK: 573 PAGE: 39,i JEANNE WAGNER LINCOLN COUNTY CLERK, KEk/b,~t_P, ER WY MAINTENANCE AGI~ i i \II£NT AEROBICTREATME.,.. ~ I'NIT THIS MAINTENANCE AGREEMENT (this "agrec~ ~ ~-,,~ ", is made this '~& day of #z:ve.~ lo er ,200__~_, byand between 23"d~, whose address is [ ,~ 1' - ~.L~ r~-..,.,, F,, [hereinafter re~erred to as "Owner") and -. \k vomtng (hereinafter referred to as the "Connty"). - RECITALS: Owner is the owner of real property locat~.~. I .incoln Connty, Wyoming, more particnlarly described below (the "Ih, ~ The Property is snch that an Enhanced Wa .... ~ l cc Treatmem System (the '°Irealment System") must be installed in. ~.'~' ~) meet the reqniremems of theLincoln Connry, Wyoming Zoning Re~ . [~n and/or theLincoln County, Wyoming Subdivision Resolution. Or thc, ~'~ has voluntarily chosen to have a Treatment System installed. In order Io comply w/th Wyoming Departed..., t ,,1' Environmental Quality Regnlations, the Owner shall provide for tt',~ . ~ tfing inspection, sampling ~nd maintenance of:the Treatment System. As the Sm all Wastewater Facility delegated ,:. ~, }ri r.~, the Connty also reqnires the Owner [o agree to provide for ti ~tu,fintt inspection, sampling ~and mai]aten~uce of the Treatment System. ' ~ NOW, THEREFORE, Owner agrees as follows: l. Upon installation of the TreatmenI System Agreement, Owner .qhall provide annnal evidence of o~:. maintenance m the form of sampling resnlts AND a co following year with a provider anthorized by the Treatn _2. Owneris reqnired m keep the Treatmem operation, contlifion and repair. Somerepair orreplacc~ a service contract. Owner will b~ r~:sponsible Io pay ali ~,c execution of this ;~ c 'J'reatm ent System ~crvi ce contract for the 5; x slem's marmfactm-er. the Property ha good ,sts may no/be covered by POI covered. . . · , :: . ? L ,'. .- - - :5 ..; 5;7 ' ,-'.'" '. ". :. ,0395 3. Owner's obligation to this Agreement shall continue unless a connection to a central sewer is obtained and/or the requircment is elimi noted 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 thc l'rope~y 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 noti l'y the County o f 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 thc 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 fine of up to $750.00 and 10 days in jail per day of vitdation. 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, monitor and service the Treatment System, including annual sampling of effluent and periodic sampling of the settled solids. IN WITNESS WHEREOF, thc OWNER has signed this Agreement to be ~t. above writtc7.  ' . 4. ":';,' ! , 200~. s STATE OF WYOMING ) ~ ' ~SS. COUNTYO / The above and foregoing instrument was acknowledged before me by WITNESS my hand and official seal. / Notary Publ _