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HomeMy WebLinkAbout971062THIS CONTRACT, made and entered into this 28 day of July, 2009, by and between the TOWN of Alpine, Wyoming, acting by and through its TOWN Council, hereinafter the "TOWN" and Tayna Hester hereinafter referred to as the "OWNER." Recitals WHEREAS, the OWNER owns and desires or is required to connect the following property to the TOWN sanitary sewer system; Legal Description: 200 West Mill Circle Lot #101 Palis Park Subdivision, Alpine, WY WHEREAS, Wyoming Statute 15 -1 -103, grants the TOWN the power to divide the TOWN into suitable districts for establishing a system of sanitary sewers and to provide and regulate the construction repair and use of sewers, provide penalties for violations of regulation and assess against the property concerned any penalty or costs and expenses in compliance with regulations.; and r WHEREAS, TOWN ordinance 185 Ordinance No. 2008 -41, (the "ORDINANCE established rates, fees, Z rules, regulations and timetables for connections to the sanitary sewer system "sewer" and for the 8 w m safe, economical and efficient operation and maintenance of the above facilities; and O x n O O m 1 WHEREAS, in accordance with the ORDINANCE, the TOWN is authorized to amortize connection fees m` s to the sewer pursuant to a contract and to set the terms thereof in its discretion including but not z Z N limited to, term and interest rate; and m N 0 WHEREAS, the TOWN desires to furnish sanitary sewer services to the above referenced property; 73 y y w and ?0 X Z F. CD o0 M 73 CO N co WHEREAS, the OWNER is required to pay the connection fees at a time determined by the g N y 73 m ORDINANCE NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the parties agree as follows: 1. The TOWN agrees to accept a payment plan for the amortization of connection fees to the sewer as set forth below. 2. OWNER promises to pay to the order of the TOWN the principal sum of two thousand dollars ($2,000.00) plus interest per Equivalent Residential Unit "ERU as defined in the ORDINANCE for the connection fees, pursuant to the amortization schedule, attached hereto and incorporated herein as Exhibit 2. OWNER agrees to pay the principal balance, together with interest thereon at the rate of two and one half percent (2.5 per annum as provided herein. The principal and interest of this note shall be paid in amortized monthly installments over a term of twenty (20) years with the first monthly payment being due and payable on the fifth (5 day of August 2009, and with subsequent payments being due and payable on the fifth (5 day of each and every month thereafter until said principal sum and interest thereon is paid in full. 3. The OWNER shall have the right and privilege of paying the entire unpaid balance and principal at anytime with no prepayment penalty. 4. The OWNER must physically connect to the sewer on or before the dates indicated in the ORDINANCE for that type of property. 5. Failure to make payments in accordance with the amortization schedule attached hereto Town Initials Page 1 of 3 CONTRACT Owner Initials 00852 (,1 0 shall result in the water service to the property being disconnected after notice and an opportunity to cure in accordance with the billing provisions of the ORDINANCE and by signing its name below, the OWNER expressly agrees to this remedy. 6. OWNER agrees that this Contract shall be recorded in the real estate records of the Lincoln County, Wyoming Clerk and Recorder and shall constitute a lien upon the above described property in favor of the TOWN until the terms and conditions contained herein have been fully executed and the connection fees and interest accrued have been paid in full. Upon full payment of the connection fees in accordance with this Contract, OWNER shall request of the Town a signed satisfaction of Contract and Lien Release and OWNER may then record such satisfaction of Contract and Lien Release in the real estate records of the Lincoln County, Wyoming Clerk and Recorder. 7. The balance of the amortized connection fee must be paid off upon conveyance, sale, transfer or exchange of the subject property. 8. In addition to all rights and remedies as provided by law and equity, the TOWN reserves the right to terminate water service to the above described property in the event OWNER breaches any term or condition contained herein. 9. Any notice, correspondence or billing required to be given by the terms of this agreement must be delivered by hand, or delivered by mail, postage prepaid, to the address of the respective party or parties below: TOWN: TOWN of Alpine PO Box 3070 Alpine, WY 83128 307.654.7754 OWNER: Tanya Hester 2072 S. Muddy String Road Thayne, WY 83127 (307) 883 -2445 10. Severability, in the event any portion of this Contract shall be deemed unenforceable for any reason, such determination shall not affect the enforceability of the remainder of the provisions of this Contract, which shall remain in full force and effect. 11. Waiver, the failure of one of the parties to insist upon strict performance of any provision of this Contract or to exercise any right, power or remedy upon a breach thereof shall not constitute a waiver of that or any other provision of this Contract or limit that party's right thereafter to enforce any provision or exercise any right. 12. Counterpart signatures, this Contract may be executed in one or more counterparts and shall become a binding contract when one counterpart has been signed by each of the parties. 13. Governing Law, this Contract shall be construed and enforced according to the laws of the State of Wyoming. 14. Successors and assigns, this contract shall be binding and inure to the benefit of the parties and their heirs, successors and assigns. 15. Sovereign Immunity, the TOWN does not waive sovereign or governmental immunity by entering into this Agreement, and specifically retains all immunities and defenses available to it as sovereign or governmental entity pursuant to Wyo. Stat. 1 -39 -101, et seq., and all other state law. Designations of venue, choice of law, enforcement actions, and similar provisions should not be construed as a waiver of sovereign or governmental immunity. The parties agree that any ambiguity Town Initial Page 2 of 3 Owner Initia in this Agreement shall not be strictly construed, either against or for either party, except that any ambiguity as to sovereign or governmental immunity shall be construed in favor of sovereign or governmental immunity. EXECUTED the day and year above set forth. _4 ant OWNE (Tanya COUNTY OF LINCOLN STATE OF WYOMING s ,M ei: ko TA PUBLIC 4 'a State of yoming MY l ic Coin coin COMMISSION EXPI R Tgoi inst ument was acknowledged before me ay ofd 2009. My commission expires: TOWN OF ALPINE By: Victoria DeCora Its: Mayor EST: Brenda Bennett, Clerk COUNTY OF LINCOLN STATE OF WYOMING The foregoing instrument was acknowledged before me by Victoria DeCora, personally known to me, who being duly sworn, did state that she is the Mayor of the TOWN of Alpine, Wyoming and that this instrument was signed for and on behalf of said municipal corporation, and said Mayor acknowledged said instrument as the free act and deed of said municipal corporation this day off- 2009. My commission expires'4,, Town Initial ss )ss Page 3 of 3 o ary Pu Owner Initials .0854