HomeMy WebLinkAbout974225THIS CONTRACT, made and entered into this 29 day of July 2009, by and between the
TOWN of Alpine, Wyoming, acting by and through its TOWN Council, hereinafter the "TOWN" and
Rafael Bravo 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;
166 Parkway Drive
Lot #509 Palis Park 5th Addn, Alpine, Wyoming
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
Legal Description:
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CONTRACT
RECEIVED 11/19/2013 atift.194M
RECEIVING 9742
BOOK: 824 PAGE: 278
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
WHEREAS, TOWN ordinance 185 Ordinance No. 2008 -41, (the "ORDINANCE established rates, fees,
rules, regulations and timetables for connections to the sanitary sewer system "sewer" and for the
safe, economical and efficient operation and maintenance of the above facilities; and
WHEREAS, in accordance with the ORDINANCE, the TOWN is authorized to amortize connection fees
to the sewer pursuant to a contract and to set the terms thereof in its discretion including but not
limited to, term and interest rate; and
WHEREAS, the TOWN desires to furnish sanitary sewer services to the above referenced property;
and
WHEREAS, the OWNER is required to pay the connection fees at a time determined by the
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) 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 mak- .ayments in accordance with the amortization schedule attached hereto
Town Initia Owner Initials
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:
Rafael Bravo
P.O. Box 3379
Alpine, WY 83128
307 654 -9893
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
Town Initial
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Owner Initials
0279
0280
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:
e--
COUNTY OF LINCOLN
STATE
foregoing WYOMING
oin g in tru ment was acknowledged g ye\ ?ray
The foe n tru ed before me b 2 this
Town Initia
day of "r "y" s NOTARY PUBLIC
County of
Campbell
ATTEST: Brenda Bennett, Clerk
COUNTY OF LINCOLN
STATE OF WYOMING
My commission
wu° a�wt: -wo:
TOWN OF ALPINE
By: Victoria DeCora
Its: Mayor
ss
F4" Comm.
My commission expire'
)ss
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State of
Wyoming
2.011 otary Public
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
(99 day of 2009
iY PUBLIC
Owner Initials ti�
The below named individual has enter into a contact agreement (attached contract) dated
June 29, 2009, by and between the Town of Alpine, Wyoming acting by and through its
Town Council, hereinafter the "TOWN" and Rafael Bravo hereinafter referred to as the
"OWNER."
It is the acknowledged that the below named individual
agrees and accepts the terms and conditions of the
aforementioned contract.
Rafael Bravo
County of Lincoln
State of Wyoming
The foregoing instrument was acknowledged before by
this L L I day of M ov a 2.CV 2013.
PAMELA D. Pii;
7L! NOTARY PUBLIC
Ouriy of
a�{ State
Lincoln s, f of
Wyoming
My Cc„ tmis ion Expires Febrtt ry 3, 2015
ss
Affidavit of Contract Agreement
Notary Public
My commission expires: eunet/ 3 5
ABEL CZA\!
0281