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HomeMy WebLinkAbout977299977299 7/2/2014 3:35 PM LINCOLN COUNTY FEES: $39.00 PAGE 1 OF 10 BOOK: 835 PAGE: 473 AGREEMENT JEANNE WAGNER LINCOLN COUNTY CLERK 1111111111111111111111111111111111 11 I1111 IIIIIIIIIIIIIIIIIi 111111IIIIII1 DEVELOPMENT AGREEMENT FOR THE REFUGE PHASE III SUBDIVISION FILE NO. 702 PZ 14 THIS AGREEMENT is made and entered into as of the 2nd day of July, 2014 by and between Lincoln County, Wyoming, hereinafter referred to as "County whose address is 925 Sage Avenue, Kemmerer, Wyoming, 83101, specifically Lincoln County Planning and Engineering Office, whose address is 520 Topaz Street Suite 109, Kemmerer, Wyoming, 83101 and Alpine Airpark Refuge, Inc., hereinafter referred to as "Developer whose address is 4235 Lake Creek 3 Farm Road, Heber, Utah 84032. c 0 WHEREAS, it is the intent and purpose of the Developer to meet the conditions of approval for File No. 702 PZ 14 The Refuge Phase III Subdivision to subdivide approximately 25.58 acres into eleven (11) lots as set forth in the Preliminary Plat; and WHEREAS, the Developer is the sole owner of the identified certain Property (see Exhibit A) located in the County; and WHEREAS, it is the intent and purpose of the Developer and the County to enter into this Agreement that will guarantee the full and satisfactory completion of the required Improvements on the Property described in this Agreement and it is the intent of this Agreement and the parties to satisfy the Improvement requirements and to provide for the approval of the final plat application by the Lincoln County Board of County Commissioners and the final plat recordation in the Office of the Lincoln County Clerk of The Refuge Phase III Subdivision; NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties agree as follows: Section 1. Definitions 1.1 DEVELOPMENT: The subject of this Agreement, which is designated and identified as The Refuge Phase III Subdivision on the Property described in Exhibit A in the jurisdiction of Lincoln County, Wyoming. This definition shall include any and all future names or titles for The Refuge Phase III Subdivision. 1.2 IMPROVEMENT: Any alteration to the land or other physical construction located on or off the Property that is associated with this subdivision/PUD and building site developments. 1.3 OWNER/DEVELOPER: means and refers to Alpine Airpark Refuge, Inc. whose address is 4235 Lake Creek Farm Road, Heber, UT 84032, the party that owns and is developing said Property and shall include and subsequent owner(s) or developer(s) of the Property. 1.4 PROPERTY: means and refers to the identified approximately 25.58 acres of a certain parcel(s) of Property located in Lincoln County, Wyoming, as described in Exhibit A. Page 1 of 9 6/26/14 Section 2. Planned Improvements. The Developer shall, and at its sole cost and expense, properly install and complete the following required improvements: Landscaping along the south line of Lot 5 and west line of Lots 17 through 21; Paved subdivision roadways including the cul -de -sac at end of South Refuge Parkway and Diamondis Drive (formerly East Refuge Drive); Water lines; Electrical power to each lot identified in the Preliminary Plat for The Refuge Phase III Subdivision; Telephone lines to each lot identified in the Preliminary Plat for The Refuge Phase III Subdivision; and Surveyor's lot monuments as set forth in the Preliminary Plat attached hereto as Exhibit B. Developer agrees that such Improvements shall be installed in compliance with Lincoln County Land Use Regulations Chapter 6 adopted by the County or other agencies responsible for providing services to the Development. Signs: The Developer understands and agrees to purchase /install street signs prior to the County being able to issue a building permit for a dwelling within the Development. Signs shall be purchased through Lincoln County, Wyoming Planning and Engineering Office to assure standardization throughout the County. Section 3. Sales or building permits. No lot may be sold (warranty deeds transferred) prior to final plat approval by the Lincoln County Board of County Commissioners and recording by the Lincoln County Clerk. Also no building permits shall be issued by the County until final plat approval and recording. Section 4. Schedule for Commencement and Completion of the Improvements. The Developer shall commence construction of the Improvements for The Refuge Phase III Subdivision within two (2) years after the File No. 702 PZ 14 The Refuge Phase III Subdivision Preliminary Plat approval by the Lincoln County Board of County Commissioners. The Developer will complete construction of the Improvements within three (3) years after approval of the Preliminary Plat. If Developer does not commence construction of the Improvements within two (2) years or complete Improvements within three (3) years of the date of File No. 702 PZ 14 The Refuge Phase III Subdivision Preliminary Plat approval by the Lincoln County Board of County Commissioners, the preliminary plat approval for File No. 702 PZ 14 The Refuge Phase III Subdivision will be automatically revoked. At such time, the Developer must reapply for approval for any development or subdivision pertaining to File No. 702 PZ 14 The Refuge Phase III Subdivision under the then current County subdivision regulations. If Developer timely completes the Improvements and meets all of the conditions of approval set out in the Final Determination approving the Preliminary Plat and improvements as outlined in this Development Agreement, a Final Plat shall be signed and recorded. Section 5. Control of trash, weeds, dust, erosion, and sedimentation. The Developer shall be fully responsible for all dust abatement, erosion, sedimentation, weed, and trash control on the Property required by any County, State or Federal regulations. Developer shall use best management practices and industry standards for control. Trash shall be contained at all times. The responsibilities in this Section shall run with the land and they shall therefore apply before, during, and until completion of Improvements. Section 6. Permits. The Developer is responsible for obtaining all right -of -way, access, excavation, and other permits and approvals required by local, State, or Federal regulations. Page 2 of 9 6/26/14 Section 7. Inspections. The Developer's representatives shall make regular inspections and maintain control of the Development while it is under construction. Representatives of the County shall have the right to enter upon the Property at any reasonable time to inspect and to determine whether the Developer is in compliance with this Agreement. The Developer shall permit the County and its representatives to enter upon and inspect the Property at reasonable times. The Developer will not materially deviate from the Improvements required herein without the prior written approval of the County, which approval will not be unreasonably withheld. Section 8. Final Inspection and Approval of Improvements. The Developer shall notify the County when it believes that the Improvements have been fully and properly completed and shall request final inspection and approval and acceptance of the Improvements by the County. At the time of such notification to the County, Developer shall submit to County a set of "as built" plans and specifications, prepared by its engineer. The County will provide interim and final inspection of the Improvements within a reasonable time period after notification by the Developer of completion and submission of "as built" plans and specifications. Upon inspection, the County shall give timely written acceptance of the Improvements or a written checklist of material deficiencies, such noted deficiencies shall be specific as to location and shall specify, in detail, the necessary corrective action to be taken by the Developer. Upon approval of the final inspection, the County shall notify developer of its acceptance of the Improvements. Section 9. Warranty of the Improvements. The Developer warrants the prompt and satisfactory correction of all defects and deficiencies, for both materials and workmanship, in the Improvements to be owned or maintained by County, if any, that occur or become evident within one year. If such defect or deficiency occurs or becomes evident during such period, then the Developer shall, within thirty (30) days after written demand by the County to do so, correct it or cause it to be corrected. If the defect or deficiency cannot be reasonably corrected within thirty (30) days after written demand from the County, the Developer shall commence the correction.of the deficiency within the thirty (30) day period and proceed with reasonable diligence to correct the same or cause it to be corrected. Section 10. Remedies. In the event the Developer fails to perform any of the terms, conditions or obligations in this Agreement or has not resolved a defect or deficiency under this Agreement, the County, at its option, may exercise any rights and remedies it may have under law. Furthermore, the County reserves the right, in its absolute discretion, to revoke the Developer's entitlements for The Refuge Phase III Subdivision. In the event of said revocation, Developer must reapply for approval for any development or subdivision pertaining to File No. 702 PZ 14 The Refuge Phase III Subdivision under the then current County subdivision regulations. Section 11. Default. If the Developer defaults or fails to fully perform any of its obligations in accordance with this Agreement, or fails or refuses to correct any defect or deficiency in the Improvements required by this Agreement, Lincoln County shall notify the Developer of the specific default or failing. Page 3 of 9 6/26/14 Section 12. Maintenance of Lots. Developer hereby agrees that all unsold lots shall be maintained by the Developer at the Developer's sole expense. Section 13. Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives. Section 14. Notices. Any written notices required herein shall be deemed delivered to the addressee when delivered in person on a business day at the address set forth below or on the third day after being deposited in the United States mail, for delivery by properly addressed, postage prepaid, certified or registered mail, return receipt requested, to the address set forth below. Notices to the County shall be addressed to, or delivered at, the following address: Lincoln County Board of County Commissioners ATTN: Planning Director Planning and Engineering Office 520 Topaz Street Suite 109 Kemmerer, WY 83101 Notices to the Developer shall be addressed to, or delivered at, the following address: Alpine Airpark Refuge, Inc. ATTN: Brian Rowser 4235 Lake Creek Farm Road Heber, UT 84032 Section 15. Indemnification. A. No Liability for County Approval. The Developer acknowledges and agrees (1) that the County is not, and shall not be, in any way liable for any damages, loss or injuries whatsoever, including attorney fees, that may be sustained as the result of the County's issuance of any permits, inspections, approvals or acceptances of the Improvements or use of any portion of the Improvements, and (2) that the County's issuance of any permits, inspections, approvals or acceptances does not, and shall not, in any way be deemed to insure the Developer, or any of its heirs, successors, assigns, tenants, or licensees or any third party, against damage or injury of any kind at any time. B. Indemnification. Except as provided below, the Developer agrees to, and does hereby, indemnify the County, and all of its elected and appointed officials, officers, employees, agents and representatives from any and all claims, costs and liability of every kind and nature that may be asserted at any time against any such parties for injury or damage received or sustained by any person or entity in connection with (1) the County's review or approval of any plans, including those for the Improvements, (2) the inspection or issuance of any approval or acceptance of Improvements, (3) the development, construction, maintenance or use of any portion of the Improvements and (4) the performance by the Developer of its obligations under this Agreement and all related Agreements. The indemnification required herein shall include, but not be limited to, any costs of defense incurred by the indemnified parties including attorney fees and expert witness fees. Page 4 of 9 6/26/14 Section 16. Amendments or Alterations. Any changes, omissions, modifications, revisions, additions or amendments to this Agreement shall be incorporated by written instrument, executed and signed by all parties. Section 17. Severability. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. Section 18. Filing. The County shall have this Agreement recorded in the Office of the Lincoln County Clerk. Section 19. Authority to Execute. The County hereby warrants and represents to the Developer that the persons executing this Agreement on its behalf have been properly authorized to do so by the Board of County Commissioners. The Developer hereby warrants and represents to the County (1) that it is the owner of record of the Property or the owner's authorized representative, (2) that it has the right, power, and authority to enter into this Agreement and to agree to the terms, provisions, and conditions set forth herein and to bind the subdivision as set forth herein, (3) that all legal action needed to authorize the execution, delivery, and performance of this Agreement have been taken, and (4) that neither the execution of this Agreement nor the performance of the obligations assumed by the Developer hereunder will (i) result in a breach or default under any Agreement to which the Developer is a party or to which it or the subdivision is bound or (ii) violate any statute, law restriction, court order, or Agreement to which the Developer or the subdivision is subject. Section 20. Regulations. The Developer agrees to abide by all regulations, laws and codes of Lincoln County. Section 21. Applicable Law/Venue. The construction, interpretation, and enforcement of this Agreement shall be governed by the laws of the State of Wyoming. The Courts of the State of Wyoming shall have jurisdiction over this Agreement and the parties, and the venue shall be the Third Judicial District, Lincoln County, Wyoming. Section 22. Insurance. Developer shall procure, and at all times maintain, general liability insurance to protect from claims for damages because of negligence or bodily injury, including but not limited to death and damages to property, all with coverage limits of no less than one million dollars ($1,000,000.00). Said insurance will also provide coverage to fulfill the Developer's indemnification requirements set forth herein. Upon request, Developer agrees to provide a certificate of liability insurance to County evidencing said limit. Section 23. Entirety of Agreement. This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner /Developer and County relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner /Developer and County, other than as are stated herein. All Exhibits referenced herein are incorporated in this Agreement as if set forth in Page 5 of 9 6/26/14 full including all text information in the Exhibits. In the event of any conflict of terms in this Agreement and any Exhibits, the terms of this Agreement shall control. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns. Section 24. No Waiver of County Rights. No waiver of any provision of this Agreement will be deemed to constitute a waiver of any other provision nor will it be deemed to constitute a continuity waiver unless expressly provided for; nor will the waiver of any default under this Agreement be deemed a waiver of any subsequent default or defaults of the same type. The County's failure to exercise any obligation under this Agreement will not constitute the approval of any wrongful act by the Developer or the acceptance of any Improvement. Developer acknowledges that Lincoln County reserves the right to revoke all approvals for The Refuge Phase II Subdivision upon failure to comply with File No. 701 PZ 14 The Refuge Phase II Subdivision conditions of approval, upon any of the violations of Lincoln County Land Use Regulations, or for misrepresentations or material omissions made to the Lincoln County Planning and Engineering Office or Board of County Commissioners. Section 25. Sovereign Immunity. The County does not waive sovereign immunity by entering into this Agreement and specifically retains immunity and all defenses available to it pursuant to law, including government immunity. Section 26. Effective Date. This Agreement shall become valid and binding only upon its approval by the Lincoln County Board of County Commissioners and shall be effective on the date first written above. IN WITNESS WHEREOF, the parties to this Agreement through their duly authorized representatives have executed this Agreement on the days and dates set out below and certify that they have read, understood, and agreed to the terms and conditions of this Agreement. LINCOLN COUNTY -774,e u T. Deb Wolfley, Chair Board of Lincoln County Commissioners Attest: a a.�oy��n oaaart aaaa r1 Jeanne Wagner o� Lincoln County Clerk s'•• u aa mn%"".. Date: 2•— J Page 6 of 9 6/26/14 DEVELOPER Alpine Airpark Refuge, Inc. Brian Rowser, Secretary STATE OF WYOMING ss COUNTY OF LINCOLN Witness my hand and official seal. Page 7 of 9 The foregoing instrument was acknowledged before me by Brian Rowser, Secretary of Alpine Airpark Refuge, Inc., on this 3D day of 2014. JAMIE DECORA NC(:, PUBLIC a State of County of State n Lincoln Wyoming L_ c My Commission Expires June 27, 2011 r, N a Public My ommission expires: Date: LP �elz�l ls 6/26/14 EXHIBIT A DESCRIPTION OF PROPERTY The Refuge Phase III Subdivision 25.58 acres within the SE1 /4NE1 /4, NE1 /4SE1 /4 of Section 19 and SW1 /4NW1 /4 of Section 20, Township 37 North, Range 118 West, in the 6th Principle Meridian, Lincoln County, Wyoming. Page 8 of 9 6/26/14 EXHIBIT B APPROVED PRELIMINARY PLAT See Attached Page 9 of 9 6/26/14 L Lot 12 s.s8f.to. i t 13 =am Lat1.1 II/Maw Ton,. VP, Lx14 100failes J Lot 16 J r Lot 10 2.91*Aaa lob, ad I/1111y p Lot9 211..Afna Lot 8 &11.4 Pa 0. [aa P 1 To./ en■ MP/ zotzt AMP., 2.711wiks Lot2J pp.*. 2AWEN/ Of 4 unroof of., .60.013P 14/1pe Rap apa I I I I I i SCUM WM [SUPS 9.10011.1Pal ACCESPIN NO. 7.39 I IP ..1 IA 1 lot 1 LP If lel 2 1 H I OfP_ALANE 02INTY READ110.12-180 f.a 1 t tof T4. Ids ax•rn &dor r I *Pavel, ullof P I I II', 4 I. IAD' SIMPAPICP ALIZSTaW 71213■3 SUR V23 1: ww fiCY-ZUR. ARIZ SE" 771 L4A0 SNOW .f.• pour ..Earlt.r P313 MTN fta JP7-47P-.1.1, JAZI,Pf WM' PM AVM JP/-eftlY-ROM -.WI P.PA• ArZ•lefl-API-PDP f P. .1P7-7.7.1 Ler, dta,ff-dMAP PCLIPPtlar, /1,121Z.APP-Off-PAP• am,* P 5,9 glaf2.171% 117 iiE Ti..761 FALF.U: 10 Iniaint PRIFIXOLVARYPLAT THE REFUGE PHASE HI WITHIN THE SE1/4NE1/4 N1314S131/4 SECTION 19 SWII4NWI/4 SECTION 20 I T37N R1I8W LINCOLN COUNTY, WYOMING