HomeMy WebLinkAbout923600
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000758
AGREEMENT AND RELEASE
Agreement and Release executed on the 1.. '7 day of August, 2006, by Steve DiCenso of
321 Meadows Drive, Alpine, Lincoln County, Wyoming ("DiCenso"), and Town of Alpine,
Lincoln County, Wyoming ("Alpine"). '.
Whereas, DiCenso, between November lO, 2003 and June 28, 2005, constructed a
building at Lot Number Six in the Kilroy Subdivision, 321 Meadows Drive, Alpine, Lincoln
County, Wyoming, in violation of Town of Alpine Municipal Code, specifically 51-Ordinance
No. 1996-51; Chapter m, Section 303; 52-Ordinance No. 1996-52; 89- Ordinance No. 2003-2.
Whereas, the parties have agreed to the following terms and conditions;
DiCenso, in recognition of the forementioned violation of the Town of Alpine Municipal
Code, agrees to:
1)
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Pay a fine of $3,750 plus any administrative, legal, or inspection costs I b 1\ ~
inemred by the Town in this matter since NovemberlO, 2004.1c be. 9"':(/'. 'ð ÌI~U~"'oOl~
2) Allow the Town of Alpine to conduct a building inspection of the property. J .
3) Complete those corrections recommended by the building inspector within a
reasonable time after completion of the inspection.
4) Release all claims against the Town of Alpine, its agents, employees, officials,
and legal representatives, and agree to indemnify the Town of Alpine, its
agents, employees, officials, and legal representatives, against any claims
brought by third parties arising out of or created by Releasor's violations,
including the Town of Alpine's inability to fully inspect the construction of
the building, including water and electrical systems.
5) Disclose the absence of a full and complete set of inspections be made to any
prospective buyers and realtors upon at such time said property is offered for
sale.
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Alpine, upon timely completion of the above terms by DiCenso, agrees to not prosecute
DiCenso for the forementioned violations of the Town of Alpine Municipal Code.
RELEASE OF CLAIMS
For, the receipt of which is hereby acknowledged, the releaser voluntarily and knowingly
executes this release with the express intention of effecting the extinguishment of obligations as
designated in this release.
DiCenso, with the intention of binding himself: his heirs, legal representatives and
assigns, releases and discharges Alpine, its agents, employees, officials, and legal representatives
fi'om all claims, demand~, actions, judgments and executions that releaser ever had, or now has,
or may have, known or unknown, or that anyone claiming through or under him may have, or
claim to have, against Alpine, its agents, employees, officials, and legal representatives created
by, or arising out of DiCenso's unlawful construction at Lot Number Six in the Kilroy
Subdivision, 321 Meadows Drive, Alpine, Lincoln CmDlty, Wyoming, and the Town of Alpine's
subsequent inspection of said property. RECEIVED 10/23/2006 at 9:35 AM
RECEIVING'll 923600
BOOK: 637 PAGE: 758
JEANNE WAGNER
" ';'INCOLN COUNTY CLERK KEMMEr··'.·:';:;N¡;';;~'i;<t
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09~3b;üO
000759
INDEMNIFY
FOR GOOD AND VALUABLE CONSIDERATION, the receipt of which is hereby
acknowledged, Dicenso agrees to indemnify and hold harmless The Town of Alpine, its 'agents,
employees, officials, and legal representatives, from any claim, action, liability, loss, damage or
suit, arising from Dicenso's unlawful construction at Lot Number Six in the Kilroy Subdivision,
321 Meadows Drive, Alpine, Lincoln County, Wyoming, and the Town of Alpine's subsequent
inspection of said property.
In the event of any asserted claim, Alpine shall provide the Dicenso reasonably timely
written notice of same, and thereafter the undersigned shall at its own expense defend, protect
and hold harmless Alpine against said claim or any loss or liability arising thereunder.
In the further event the undersigned shall fail to so defend and/or indemnify and save
harmless., then in such instance the Alpine shall have full rights to defend, payor settle said
claim on their behalf without notice to undersigned and with full rights to recourse against the
undersigned or all fees, costs, expenses and payments made or agreed to be paid to discharge
said claim.
Upon default, the undersigned further agree to pay all reasonable attorney's fees
necessary to enforce this agreement.
This agreement shall be unlimited as to amount or duration.
This agreement shall be binding upon and inure to the benefit of the parties, their
successors, assigns and personal representatives.
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Steve DiCenso
Date
Town of Alpine Representative
Date
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000760
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steve Dicenso
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State of Wyoming
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County of Lincoln
The forgoing instrument was acknOWled~~ befere me by c::::;:1-(V(.t . N {" O.Al\f)@
this ;;)L., day of ~~~l~,2006.
ICIMBERJ.eE A. JANSEN. NOTARY PUBlIC
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My commission expires:..&:] (1.Ä ....( A..c '¿()\ ðJl D
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State of Wyoming
ss
County of Lincoln
The forgoing instrument was acknowledged before me by -NY\! e _ Lj2, ~\ ') ,
this \ ~ day of ~ 1-t-JAr'~, 2006.
\n
ee A. Jansen, Notary Public
My commission eXPires:-u=y"", Gh ¡ã)j ;;;:OlD
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