HomeMy WebLinkAbout911278Member # 1303936
W.O. 1452OO
Section 36, T32N, RI 19W
RECEIVED 8/26/2005 at 10:40 AM RECEIVING # 911278
BOOK: 595 PAGE: 678
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
AGREEMENT FOR PROVIDING NATURAL GAS DISTRIBUTION SYSTEM
This agreement is entered into this 22nd day of July, 2005, between LOWER VALLEY ENERGY ("LVE")
and Aflon Airpark Addition c/o Brad Morehouse, P.O. Box 1662, Alton, Wyoming 83110 ("Developer").
LVE agrees to provide an underground natural gas distribution system to:
Section 36, T32N, Rll9W
Lincoln County, Wyoming
1. SYSTEM CHARACTERISTICS~:
System will be polyethylene gas pipe sizes 4" and 2" ("Gas System")
2. LOCATION:
The Gas System shall be provided at:
Afton Airpark Addition
Lots 1 through 55
Section 36, T32N, Rll9W
Lincoln County, Wyoming
("Property")
COSTS:
LABOR & MATERIAL (GAS LINES)
HWY 89 CROSSING (ROAD BORE-EXCAVATION INCLUDED)
TOTAL COST
DUTIES OF PARTIES:
$ 25,507.50
$13,500.00
$ 39,007.50
(A). Developer: Developer agrees to establish a final road located on the Property and final grade
the Property before installation of Lower Valley Energy Gas System; to backfill and to trench when
necessary for repair of normal settling; to advise Lower Valley Energy of the location of all existing and
planned underground facilities such as, water, sewer, telephone and cable TV; and to be responsible,
indemnify and hold Lower Valley Energy harmless, including Lower Valley Energy attorney fees, for all
damages resulting from failure to so notify Lower Valley Energy.
Developer shall furnish a 42" deep trench for Lower Valley Energy and bedding materials at Lower
Valley Energy's request, at no cost to Lower Valley Energy.
The Developer shall assume all liability, indemnify and hold Lower Valley Energy harmless,
including Lower Valley Energy attorney fees, from any accidents or damages resulting from the trench and
trenching activities. The Developer shall be responsible for obtaining all applicable Federal, State and Local
permits necessary for the trench and trenching activities. The Developer promptly shall furnish easements to
~Izower Valley'Energy for this system at no cost to Lower Valley Energy.
(B). Lower Valley Energy: Lower Valley Energy shall furnish and install the underground Gas
System to the Property. If for any reason some of the Gas System is not installed or if more is installed, the
payment described below will be adjusted accordingly. The above computed costs are current as of the date
of this agreement and are valid for 120 days from that date. Should construction begin more than 120 days
after the date of the Agreement, Lower Valley Energy reserves the right to review the quoted costs, make
necessary adjustments and change the payment stipulated below to reflect current costs. This agreement
provides for a Gas System to the specified lots as platted on the property. Each lot owner will be required to
enter into a separate agreement with Lower Valley Energy to extend the underground Gas System from the
main to the lot owner's metering point. The entire Gas System installed under this agreement shall be
owned, maintained and operated by Lower Valley Energy.
0067
5. PAYMENT:
The Developer shall pay a sum of $39,007.50 to LVE prior to the commencement of construction of the Gas
System. The consideration paid by the Developer is a charge for the Gas System, for this type of
development and is not a deposit for security.
As gas service is requested for each lot, that lot owner will be required to enter into a contract with Lower
Valley Energy for the gas service in accordance with Lower Valley Energy's current Rules & Regulations.
6. TERMS:
This agreement shall become effective on the date above and shall remain in effect for five (5) years
following the installation of the Gas System and thereafter until terminated by either party giving to the other
sixty (60) day notice in writing.
7. SUCCESSION:
This agreement shall be binding upon and shall accrue to the benefit of the heirs, transferees, successors,
legal representatives and assignees, as their interests may appear, of all parties to the agreement.
1N WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly authorized
representatives, effective on the date written above.
LOWER VALLEY ENERGY
DEVELOPER
Afton Airpark Addition
By: B~ad
STATE OF )
COUNTY OF )
The foregoing instrument was
· ~!~J~, 2005.
acknowledged, before me by Brad
Morehouse,
this ,~3~-~"~day of
Witness my hand and official seal.
Notary Public
My commission expires.~-~ ~. 2.-~ (