HomeMy WebLinkAbout956520ivi c i cvty iU. ti PAP 01,1000010/ LU11GG VALLGY GIYGGUY
WO# 66713
Sections 21, 22, 27, 28 T31N, R119W
AGREEMENT FOR PROVIDING ELECTRIC DISTRIBUTION SYSTEM
w_j UUL
This agreement, is entered into this 3rd day of September, 2010, between LOWER VALLEY
ENERGY, and Timothy Allred, Cynthia Allred and Alan Lance Allred, trustee of Alan Lance
Allred Revocable Trust dated 10 November 2003 "Developer Lower Valley Energy agrees to
provide an underground primary electric distribution system to:
SECTION 21, 22, 27, 28, T31N, R119W
LINCOLN COUNTY, WYOMING
1. SYSTEM CHARACTERISTICS:
System shall be underground alternating current, single phase line and three phase, sixty
cycle, and 7,200 volts "Electric System
2. LOCATION:
The Electric System shall be provided at:
The Ridges at Star Valley
LOTS: 1, 2, 3, 4, 5
SECTION 21, 22, 27, 28, T31N, R119W
LINCOLN COUNTY, WYOMING
"Property").
3. COSTS:
MATERIALS LABOR
4. DUTIES OF PARTIES:
RECEIVED 11/4/2010 at 11:01 AM
RECEIVING 956520
BOOK: 756 PAGE: 670
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
$212,031.97
TOTAL COST $212,031.97
(A). Developer: Developer agrees to establish a final road located on the Property and final
grade the Property before installation of Lower Valley Energy Electric 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, cable TV and
Developer owned electric wiring; 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..
The Developer shall furbish 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 Lower 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
Electric System to the Property. If for any reason some of the Electric 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 an Electric 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 Electric System from the primary
distribution point to the lot owners' metering point. The entire Electric System installed under this
agreement shall be owned, maintained and operated by Lower Valley End a.
OOt G'i O
5. PAYMENT:
The Developer shall pay the sum of $212.031.97 to LVE prior to the commencement of construction
of the Electric System. The consideration paid by the Developer is a charge for the cost of the
electric system, for this type of development and is not a deposit for security.
After five (5) years, if Lower Valley Energy is not collecting sufficient revenue to cover operating
and maintaining the Electric System, then the Developer or assignees agrees to pay an annual amou:rt
equal to five percent (5 of the installed cost less any revenue received, during the year. Such
payment to Lower Valley Energy shall continue until revenue from meters installed equals the costs
to operate and maintain the Electric System.
As electric service is requested for each lot, that lot owner will be required to enter into a contract
with Lower Valley Energy for the electric service in accordance with Lower Valley Energy's current
Rules Regulations.
6. TERM:
This agreement shall become effective on the date above and shall remain in effect for five (5) years
following the installation of the Electric System and thereafter until tenninated by either party givir..g
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 ti:.e
agreement.
IN 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
tr
E 1 C
Cynthia Allred
Timot Allred
STATE OF
COUNTY OF L.■ r\CGIar._
The foregoing instrument was, before me by Cynthia Allred, Timothy Allred and
Alan Lance Allred this day of (h) 2010.
STEPHANIE BARRUS NOTARY P
County of
Lincoln
State of
Wyoming
My Commission Expires August 3, 2011
My commission expires: 5
3
LKGw
Alan Lance Allred, Trustee
y hand and official seal.
blic
000671