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HomeMy WebLinkAbout906797M_AINTENANCE AGREEMENT AEROBIC TREATMENT UNIT THIS MAINTENANCE AGREEMEiWT (this "agreement")is made this/Z/day of ~ b ,200~, bY and between: (here~aaer refe~ea to as Owner ) and Emcoln~nty, Wyom~g (hereina~er refe~ed *o as the "County"). RECITALS: Owner is the owner of real property located in Lincoln County, Wyoming, more particularly described below (the "Property"): SubdiviSion: ~ Q_ '~ C[,/)bo ~r'~ r ~-~ ~'Lot No. / '~/ Township ~-z::~ N, Range //~ W, Section 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 Land Use Regulations. Or the Owner has voluntarily chosen to have a Treatment System installed. In order to comply with Wyoming Department of Environmental Quality Regulations, the Owner shall provide for the ongoing inspection, sampling and maintenance of the Treatment System. As the Small Wastewater Facility delegated authority, the County also requires the O'a, ner to agree to.provide for the ongoing inspection, sampling and maintenance of the Treatment System. NOW, THEREFORE, Owner agees as follows: 1. Upon installation of the Treatment System and the execution of this Agreement, Owner shall provide armual evidence of ongoing Treatment System maintenance inthe form of sampling results ANTD 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. 3. Owner'.s obligation to this Agreement shall continue unless a c~rmection to a central sewer is obtained and/or the reqinrement is eliminated by the County. 4. This Agreement ahd the obligations on the part of the Owner hereunder shall be perpetual and shall run With title to the Properpy and shall be binding upon Owner and Owner's heirs, successors, assigns, transferees and grantees. Th/s Agreement will be recorded in the Office of the Count), 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 n-fisdemeanor. Each and every day or portion thereof during which any violation of any of the provisions of the regulation is cmrm2itted, 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 da), of violation. 7. Owner hereby grants to the Count),, 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 per/odic sampling of the settled solids. IN WITNESS WHEREOF, the O'~krNER has signed this Agreement to be effective the day and year first above written. WITNESS my hand this I z/FA __ day of /'-~--~13/-2txtxr'2. c~ , 200~_~_ STATE OF. WYOMING COUNTY oF-To ) )ss. ) The above and foregoing instrument was acknowledged before me by V~rlTNESS my hand and official seal.