HomeMy WebLinkAbout971074shall 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:
Val Jensen
PO Box 3158
Alpine, WY 83128
880 -2868
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
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Owner Initials
ambiguity 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.
OWNER: Val Jensen
COUNTY OF LINCOLN
ss
STATE OF WYOMING
The foregoing instrument was acknowledged before me by
9 day of c)u,yLk 2009.
My commission expires:
TOWN OF ALPINE
By: Victoria DeCora
Its: Mayor
..4(11110
A TE :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 of ju ti 2009.
My commission
Town Initials
Attzte,,
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Notary Public
Va.( Je_r\,Ser\ this
Owner Initials
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