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Home My WebLink About931643 SUPPLEMENTAL DEVELOPERS AGREEMENT 000103 Rockbridge Meadows Second Addition to the Town of Afton Agreement, made this 12th day of July, 2007, by and between the TOWN of Afton, a municipal corporation ("TOWN"), P.O. Box 310, Afton, WY 83110 and Rockbridge Meadows, LLC, ("DEVELOPER") whose mailing address is PO Box 11 Afton, WY 83110. WIT N E SSE T H: WHEREAS, DEVELOPER and TOWN have entered into that certain Developer's Agreement dated July 14th, 2005 for the development of the Rockbridge Meadows First Addition to the Town of Afton which agreement is incorporated herein by reference as though set out in full; and, WHEREAS, said Developer's Agreement included provis\ons for additional phases of the Addition; and, WHEREAS, DEVELOPER desires to develop Phase II of the Addition within the TOWN and has submitted a plat labeled "Rockbridge Second Addition to the Town of Afton describing the improvements to be completed in Phase II of the Addition; 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 Phase II of the Addition within the TOWN of Afton, 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, and, RECEIVED 7/27/2007 at 10:55 AM RECEIVING # 931643 DEVELOPMENT AGREEMENT BOOK: 667 PAGE: 103 PAGE 1 of9 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 0001. 0·4 WHEREAS, DEVELOPER is required by said Developer's Agreement to provide TOWN additional information in order to receive TOWN's approval before lots in future phases are offered for sale; 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 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, sewer lines, waterlines, street lights, street-name signs, fire hydrants, and any other public improvements contemplated within Phase II of the Addition. 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 Phase II of 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 Afton 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. DEVELOPMENT AGREEMENT PAGE 2 of9 (),001~5 5. Inspection. The DEVELOPER will at its own expense engage a licensed engineerto mspect the construction of the improvements as necessary. This will be the same engineer who is required to certify the improvements as required in paragraph 6 below. 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 by the TOWN, DEVELOPER will file "As Constructed" Improvement Plans ("Corrected Improvement 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 Phase II of the Addition including the horizontal and vertical location I of all water, sewer, individual building service lines, and street grades. The Project Engineer shall also certify 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%) ofthe 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 DEVELOPMENT AGREEMENT PAGE 3 of9 000106 TOWN. The amount of the bond required is Six Hundred Sixty-One Thousand DOLLARS ($661,000). 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. 8. Release of the bond, cash, deposit, certified check, irrevocable letter of credit, or negotiable bond. Upon completion and approval of the improvements and the DEVELOPER's delivery of Corrected Improvement Plans, the TOWN will return the full amount of the bond, cash deposit, certified check, irrevocable letter of credit or negotiable bond to the DEVELOPER. Upon acceptance 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 accordance with the terms of this agreement. 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. Land Owners within the Addition will be required to pay the TOWN the sewer and water connection fees as established at the time of issuance of a building permit. Payment for all homes approved prior to installation of DEVELOPMENT AGREEMENT PAGE 4 of9 0001.07 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. 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. 13. 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 from the park into the Addition. 14. 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. 15. Irrigation Facilities. DEVELOPER shall relocate or reconstruct all ditches, head gate structures, culverts, or other similar appurtenant structures that will be impaired or otherwise DEVELOPMENT AGREEMENT PAGE 5 of9 0001.08 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. 16. 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. 17. 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. DEVELOPMENT AGREEMENT PAGE 6 of9 0001.09 18. 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. 19. 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 Standard Specifications or ADO. In the event of any conflict between the terms of this Agreement and the Improvement Plans, the terms of this Agreement shall prevail. 20. 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. 21. Governing Law. This Agreement shall be governed by the laws of the State of Wyoming. 22. 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 cost estimate for public improvements; Exhibit 'B' - Phase II Addition Plat; Exhibit 'c' - Addition Covenants, Conditions and Restrictions; Exhibit 'D' - road plans and specifications. DEVELOPMENT AGREEMENT PAGE 7 of9 0001:1.0 23. 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 ) ~~o On this ~ day of , ~, before me , a No Publ, 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. ---...... JAMIE DECORA - NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires June 27, 2010 , \J.J ~ u0 NO ARY PUBLIC OFJ_\(\~()\ (\ Co.JJ\~ '(ling at: . Commissio~ DEVELOPMENT AGREEMENT PAGE 8 of9 By: aÞV~:14 TOWN of Afton Mayor 0001.'.1. ATTEST: APPROVED AS TO FORM: BY:~~~ TO of Afton Clerk DEVELOPMENT AGREEMENT PAGE 9 of9