HomeMy WebLinkAbout909982DEVELOPERS AGREEMENT
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Agreement, made this th day of July, 2005, by and between the TOWN of Alton, a
municipal corporation ("TOWN"), P.O. Box 310, Alton, WY 83110 and Rockbridge Meadows,
LLC, ("DEVELOPER") whose mailing address is PO Box 11 Alton, WY 83110.
WITNESSETH:
WHEREAS, DEVELOPER is the sole owner, in law or equity, of a certain tract of land in
the Town of Afton, County of Lincoln, State of Wyoming, which land, known as Rockbridge
Meadows Addition ("Addition") is more particularly described in Exhibit 'B' attached hereto and
by this reference made a part hereof; and,
WHEREAS, DEVELOPER desires to develop the Addition within the TOWN and has
submitted a plat bearing the Addition name described above; and
WHEREAS, the Town of Afton Planning and Zoning Commission have recommended
such development be allowed subject to certain requirements and obligations on the part of
DEVELOPER; and
WHEREAS, the TOWN is willing to allow the development of the Addition within the
TOWN of Alton, Wyoming, subject to the terms and conditions of this Agreement; and,
WHEREAS, the TOWN has authority to approve Addition plats and the construction of
streets, utility lines and other public improvements within the TOWN;
NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,
the parties agree as follows:
1. Approval of Addition. The TOWN has approved the preliminary Addition plat and Master
Plan and agrees that upon DEVELOPER's full and complete performance of the terms and
RECEIVED 7/14/2005 at 5:02 PM
RECEIVING # 909982
DEVELOPMENT AGREEMENT BOOK: 591 PAGE: 199
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~ JEAN N~=~tt!~ ~N~
~:i'.;:;:.m:,::::: LINCOLN COL NTY C~.~i!:i~i' KEMM[!RER, VVY
;,,. 00200
conditions hereof, it will accept and maintain all public facilities and improvements (sewer,
water, roads, street lighting, and walking trails) shown in the improvement plans.
2. Improvement Plans. DEVELOPER will file a complete set of improvement plans,
("Improvement Plans") showing all streets, street lights, sewer lines, waterlines, street-name
signs, fire hydrants, and any other public improvements contemplated within the Addition.
The Improvement Plans will be presented to the TOWN in phases. The Improvement Plans
for Phase I are incorporated herein by reference as though set out in full. Improvement Plans
for subsequent phases will be presented to the TOWN for approval and must be approved by
the TOWN before lots in future phases are offered for sale.
3. Construction of Public Improvements. DEVELOPER will at its expense, design and
construct all public improvements shown in the Improvement Plans. DEVELOPER will
construct all public improvements within the Addition in strict accordance with the
Improvement Plans, the Standard Engineering Drawings and Specifications provided by
Sunrise Engineering or other licensed professional engineering firm ("Standard
Specifications") and the Alton Development Ordinance ("ADO") in effect at the time the
construction is accomplished. The Standard Specifications and ADO are incorporated herein
by reference as though set out in full.
4. Permits. DEVELOPER shall obtain all right-of-way, excavation or other permits required by
local ordinance and comply with all requirements therein with respect to the timely
performance of the work governed by such permits.
5. Inspection. The TOWN may at any time and at its own expense enter the Addition to
inspect the construction of the improvements.
6. Corrected Improvement Plans. Prior to final acceptance of the improvements,
DEVELOPER will file "As Constructed" Improvement Plans ("Corrected Improvement
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Plans") with the TOWN. Such Corrected Improvement Plans shall be prepared by the Project
Engineer and shall show the actual constructed location of all public improvements within
the Addition including the horizontal and vertical location of all water, sewer, individual
building service lines, and street grades. The Project Engineer shall also certifi/upon the
Corrected Improvement Plans that such Plans correctly show all public improvements as
actually constructed and that such public improvements have been constructed in accordance
with the Standard Specifications and ADO in effect at the time such construction was
accomplished.
7. Filing of Final Plat or any Phase of the Plat. All required improvements must be
completed and accepted by the TOWN prior to filing any phase of the plat. In lieu of
completion of the required improvements, the DEVELOPER shall submit a bond, cash
deposit, certified check, negotiable bond or irrevocable bank letter of credit to the TOWN for
ONE HUNDRED TWENTY-FIVE PERCENT (125%) of the estimated costs of all bondable
improvements prior to the filing of the plat. This bond or cash deposit, certified check,
negotiable bond or irrevocable bank letter of credit shall be ONE HUNDRED TWENTY-
FIVE PERCENT (125%) of the estimated costs of construction of specific improvements
(described in the attached exhibits), as estimated by the Project engineer and approved by the
TOWN. The amount of the bond (Letter of Credit # 1069) required is EIGHT HUNDRED
SEVENTY-EIGHT THOUSAND EIGHT HUNDRED EIGHTY-TWO DOLLARS
($878,882). In the event the DEVELOPER fails to complete construction of a public
improvement within a period of time as required under the conditions of this agreement, the
TOWN may proceed to have such work completed. In order to accomplish this, the TOWN
shall appropriate the bond, cash, deposit, certified check, irrevocable letter of credit, or
negotiable bond.
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~, P~riodi¢ R~lease of the bond, cash, deposit, ~erfifi~d check, irr~¥ocable l~tter o£ credit,
or negotiable bond. The DEVELOPER's Engineer (Sunrise Engineering) has divided the
installation of required improvements into five separate and identifiable segments along with
the estimated cost for each separate segment as described in Exhibit N. The total estimated
cost of all sections equals the amount of the surety bond. The TOWN will select an inspector
or inspectors of its choice who will monitor the installation of the bonded improvements
from time to time as the TOWN sees fit. Upon completion of each segment, the
DEVELOPER will petition the TOWN for acceptance of that segment based on the
recommendation of the TOWN's inspector(s). Upon acceptance of a segment by the TOWN,
the bond, cash, deposit, certified check, irrevocable letter of credit, or negotiable bond will be
reduced by the percentage of the original bonded amount represented by that section. Upon
completion and approval of the final segment of the improvements and the DEVELOPER's
delivery of Corrected Improvement Plans, the TOWN will return any remaining amount of
the bond, cash deposit, certified check, irrevocable letter of credit or negotiable bond. Upon
acceptance of the f'mal segment of the bonded improvements, the TOWN shall assume
ownership and control of all public facilities (sewer, water, roads, street lighting and walking
trails) within any dedicated street or public utility right-of-way within the Addition.
Acceptance of the Addition shall not be deemed as a waiver or release of the warranty set
forth below.
9. Sale of Lots. Once the filing provisions of paragraph seven (7) above have been completed
for each phase of the Addition, DEVELOPER may begin selling lots.
10. Warranty. DEVELOPER warrants that the materials and workmanship employed in the
construction of all public improvements within the Addition shall be good and sound and in
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accordance with the terms of this agreement.
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Such warranty shall extend for a period of one
(1) year after final acceptance of the improvements by the TOWN.
11. Water and Sewer Main Connection Charges.
betm,,V,, Land Owners within the Addition will be required to pay the TOWN the current sewer
and water connection fees at the time of issuance of a building permit. Payment for all
homes approved prior to installation of water/sewer facilities will be paid at the time facilities
are deemed "available" to the property regardless of the time of sale of the lots. All future
homes will be required to pay for connection fees at the time building permits are approved.
By resolution or ordinance, TOWN may at any time adjust the culinary water or sewer
connection and user fees for future connections.
12. Payment for design and construction of off site water and sewer main lines. In order to
facilitate this project, DEVELOPER agrees to pay its portion of the costs of design and
construction applied to the DEVELOPER to extend sewer and water lines to the property.
The TOWN has agreed to construct a sewer main beginning at the East side of the Afion
Business Park and continuing eastward approximately one quarter mile to the proposed
intersection of Madison Street and Rockbridge Drive near the northwest comer of the
Addition. Said sewer line is scheduled to be completed in the fourth quarter of 2005.
DEVELOPER will reimburse the Town for the cost of this sewer line in the amount of
seventy-two thousand one hundred seventy five dollars $72,175.00. This payment will be
made to the TOWN by the DEVELOPER when the sewer line becomes available for use by
the Addition. No offsite expenses are required for the water system.
13. Developer's right to reimbursement. In the event other parcels of land are subsequently
connected to the main culinary water line, main sewer line, roads, electricity or telephone
system installed by DEVELOPER, DEVELOPER shall have the right to obtain from the
DEVELOPMENT AGREEMENT
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developers or owners of such other parcels of land, a proportional reimbursement of
DEVELOPER'S original cost of installing the main culinary water line, main sewer line,
roads, electricity or telephone system based on the total number of lots in DEVELOPER'S
development (phase 1) and the number of lots in the other parcels connecting to the system's
main line capacity. For example the sewer line from the east side of the business park to the
intersection of Madison Street and Rockbridge Drive near the north west comer of the
Addition will be installed at an approximate cost of $72,000.00. And will serve 60 lots
within the Addition. Therefore, a proportional share to connect to this sewer line would be
1/60th or approximately $1,200.00 per hook up. The Town shall have sole discretion to
refuse any request by a subsequent developer or owner to connect to the main culinary water
line, main sewer line, roads, electricity or telephone system built by DEVELOPER regardless
of whether such main lines may have the apparent capacity to carry or serve the additional
connections. The TOWN agrees that as a precondition to allowing such subsequent
developer or owner to interconnect to the main culinary water line, main sewer line, roads,
electricity or telephone system, and prior to providing any subsequent developer or owner
with an approval or permit for the interconnection of subsequent lots to these utilities and
roads, TOWN shall require such subsequent developer or owner to present to TOWN a
written certification from any subsequent Developer or owner that DEVELOPER has been
properly reimbursed as provided in this paragraph 13. This reimbursement procedure will
remain in effect for a period of twenty (20) years beginning on the date the improvements of
the Addition (Phase 1) are f'mally accepted by the TOWN and the reimbursement costs will
not be subject to depreciation during that period. After the twenty (20) year period ends,
depreciation will occur at ten percent (10%) per year.
DEVELOPMENT AGREEMENT
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14. Failure to Pay Fees. In the event DEVELOPER fails or refuses to pay any of the fees,
charges or costs set forth herein, the TOWN may declare the entire unpaid balance
immediately due and payable and collect such sums in manner provided by law, or may
pursue any other remedy set forth herein or as may be available at law or in equity. All such
remedies shall be cumulative and the TOWN may pursue the same separately or
simultaneously, as it deems necessary or appropriate. In the event of such acceleration, all
sums due shall bear interest at the rate established by law for judgements entered in the State
of Wyoming.
15. Special Conditions.
a. DEVELOPER agrees to convey to the TOWN upon the TOWN'S request all surface
water fights appurtenant to the Addition (all phases). TOWN grants to DEVELOPER
and to all future land owners in the Addition (all phases) the right to pump water out of
existing irrigation ditches including the Halling Ditch, the Spring Ditch and its laterals,
and the North (Grover) canal at the maximum rate of six (6) gallons per minute per acre
or 3 gallons per minute per half acre for the purpose of watering lawns, gardens, and other
landscaping. This right is designed to help preserve the TOWN'S culinary water for
culinary purposes.
b. Maintaining Surface Water. The presence of irrigation water flowing in ditches across
the Addition adds value to the Addition and to the Land Owners within the Addition.
The TOWN agrees to use its surface water rights to maintain the flow of surface water
across the Addition (all phases) in substantially the same manner as it flows as of the date
of this agreement in perpetuity. The TOWN will not remove nor enclose flowing
irrigation water on the property for any purpose without the written consent of the
Developer and Land Owners.
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c. Ditch Maintenance on Town Property. Town gives DEVELOPER the right to enter
Canyon View Park for the purpose of servicing and maintaining the irrigation ditches
which flow fi.om the park into the Addition.
d. Weed Control. DEVELOPER must comply with the Town and County ordinances for
weed control on all lots owned by DEVELOPER. Individual third-party owners of lots
within the Addition must comply with the Town and County ordinances for weed control
on their own lots. The Homeowners Association must comply with Town and County
ordinances for weed control on all common areas. All lots and common areas must be
farmed with a harvestable crop, or clipped, mowed or grazed regularly.
e. Irrigation Facilities. DEVELOPER shall relocate or reconstruct all ditches, head gate
structures, culverts, or other similar appurtenant structures that will be impaired or
otherwise disturbed by the construction of this Addition. DEVELOPER will also
indemnify and hold the TOWN harmless from any action, claim, demand or cost of any
kind, including attorney's fees and court costs, arising from the relocation or
reconstruction.
f. Taxes and Assessments. DEVELOPER shall pay all real property taxes and assessments
levied or assessed against any interest in real property that DEVELOPER has agreed to
convey to the TOWN pursuant to this Agreement until the acceptance of the Addition by
the TOWN.
g. A child-proof fence must be constructed along the north property line where the Addition
adjoins the Mortensen property. Costs to be shared by both DEVELOPER and
Mortensens.
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O9099S;a .. 00 207
16. Default. In the event the DEVELOPER fails to comply with the terms and conditions hereof
in any material respect, the TOWN may, without further notice to DEVELOPER, exercise
any or all of the following remedies:
a. Withhold the issuance of any building permit or certificate of occupancy of any
structure located within the Addition;
b. Withhold the connection of water or sewer to any property located within the
Addition;
c. Refuse to accept public ownership and maintenance of public improvements
within the Addition and record a notice of such action with the Lincoln County
Recorder's office;
d. Issue a Stop Work Order for any building under construction within the Addition;
e. Bring an action for damages, injunctive relief, specific performance or any other
remedy available at law or in equity;
f. All of the above remedies are cumulative and to the extent not wholly inconsistent with
each other, may be enforced simultaneously or separately, at the sole discretion of the
TOWN.
17. Notices. Any notice required by the Agreement shall be mailed to the receiving party at the
address set forth above or such other address as may be delivered to the sending party in
writing. Such notice shall be mailed by certified mail, return receipt requested, postage
prepaid and addressed as set forth above and shall be deemed received upon its deposit in the
United States mail in such manner.
18. Conflict with Standard Specifications. In the event of any conflict between the terms of
this Agreement or the Improvement Plans, Standard Specifications or ADO, the terms of this
Agreement or the Improvement Plans shall prevail over any contrary provision of the
DEVELOPMENT AGREEMENT
PAGE 9 of 12
Standard Specifications or ADO.
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In the event of any conflict between the terms of this
Agreement and the Improvement Plans, the terms of this Agreement shall prevail.
19. Covenants Appurtenant to the Land. All covenants and conditions set forth herein shall
be appurtenant to and run with the Addition and shall be binding upon DEVELOPER's heirs,
successors or assigns.
20. Governing Law. This Agreement shall be governed by the laws of the State of Wyoming.
21. Entire Agreement and Attached Documents. This writing evidences the final and
complete agreement between the parties and no other prior statement, representation or
understanding shall be binding upon the parties unless expressly set forth herein. The
following documents are incorporated to this agreement by reference: Exhibit 'A' - the
engineer's cost estimate for public improvements; Exhibit 'B' - Addition Plat; Exhibit 'C' -
Addition Covenants, Conditions and Restrictions; Exhibit 'D' - road plans and specifications;
Exhibit 'E' - sewer and culinary water plans and specifications; Exhibit 'F' - landscaping
plan; Exhibit 'G' - lighting plan; Exhibit 'H' - mailbox plan; Exhibit t - entrance sign;
Exhibit 'J' - pathway plans and specifications; Exhibit 'K' - fire protection plan; Exhibit 'L' -
park and open space plans and specifications; Exhibit 'M' - irrigation plans, and Exhibit N -
Construction Segment Detail.
DEVELOPMENT AGREEMENT
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22. Effective Date.
This agreement shall become valid and binding only upon its approval by
the TOWN Council of the TOWN and upon its execution by the Mayor.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal the day
and year first above written.
Agreed:
Rockbridge Meadows, LLC
By:
Paul A. Scherbel, President
State of Wyoming
) ss
County of Lincoln )
Onthis
Iq dayof {c.c.0o~ ,2005, beforeme
, a No~ Publg}, personally appeared Paul A. Scherbel, President of
Rockbridge Meadows, LLC, known or identified to me, and who executed the instrument and
acknowledged to me that he/she executed the instrument freely and voluntarily.
~.Counk, of ~ stato of
,Lincoln ~ WyomJng~
.-ND~ARY PUBLIC OF
Residing at: . ~ %
Commission expires: .
DEVELOPMENT AGREEMENT
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',
Clerk
APPROVED AS TO FORM:
· ~- 00210
DEVELOPMENT AGREEMENT
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