HomeMy WebLinkAbout979042979042 10/27/2014 12:51 PM
LINCOLN COUNTY FEES: $21.00 PAGE 1 OF 4
BOOK: 842 PAGE: 255 AGREEMENT
JEANNE WAGNER LINCOLN COUNTY CLERK
01. 111 111 I III I I III
AGREEMENT
FOR
ROAD MAINTENANCE AND SNOW PLOWING
THIS AGREEMENT is made this 15+13 day of Oc-1, 2014 between the
AVR HOMEOWNERS ASSOCIATION, a Wyoming Nonprofit Corporation, P.O. Box 3525,
Alpine, Wyoming 83128, hereafter, "AVR HOA and INDIAN CREEK SUBDIVISION
HOMEOWNERS ASSOCIATION, a Wyoming Nonprofit Corporation, c/o P.O. Box 820,
Thayne, Wyoming 83127, hereafter "INDIAN CREEK HOA
WHEREAS, AVR HOA has jurisdiction over roadways known as Elkhorn Drive and
Halfmoon Drive within Alpine Village Subdivision No. 1 lying east of U.S. Highway 26, said
roadways being those shown on the plat recorded in the land records of Lincoln County,
Wyoming on June 2, 1982 as Document No. 578380 and as Plat No. 108 -A and
WHEREAS, Plat No. 108 -A grants easements on the above referenced roadways to the
property lying east of the property shown on the above referenced plat, said property lying east
being that which is within Indian Creek Subdivision; and
WHEREAS, INDIAN CREEK has jurisdiction over roadways in Indian Creek
Subdivision, said roadways being those shown on the plat recorded in the land records of Lincoln
County, Wyoming on September 22, 1994 as Map Plat No. 105 -A and as Document No. 790164,
as modified by the Affidavits of Vacation of Part of Halfmoon Drive Within Indian Creek
Subdivision filed on June 6, 2007 in Book 660 beginning at Page 810 as Receiving Nos. 930066,
930067, 930068, and 930069; and
WHEREAS, INDIAN CREEK also has jurisdiction over the easements on roadways
within Alpine Village Subdivision No. 1 that benefit Indian Creek Subdivision as provided on
Plat 108 -A; and
WHEREAS, AVR HOA and INDIAN CREEK HOA agree that it will be mutually
beneficial for the entities to share in the costs of maintaining and plowing the roadways known
as Elkhorn Drive and Halfmoon Drive that benefit both subdivisions.
NOW, THEREFORE, AVR HOA and INDIAN CREEK HOA agree as follows:
1. ROAD MAINTENANCE AND SNOW PLOWING. AVR HOA shall be
responsible for the maintenance of and the snowplowing of Elkhorn Drive and Halfmoon Drive
lying within Alpine Village Subdivision No. 1.
AGREEMENT
FOR
ROAD MAINTENANCE AND SNOW PLOWING
PAGE 1 OF 4
2. COMPENSATION FOR ROAD MAINTENANCE AND SNOW PLOWING.
INDIAN CREEK shall provide compensation to the AVR HOA for the maintenance of and the
snowplowing of Elkhorn Drive and Halfmoon Drive as follows:
a. INDIAN CREEK HOA shall pay one (1) assessment annually for each lot
within Indian Creek Subdivision;
b. The per lot assessment for INDIAN CREEK HOA shall be the annual
assessment for each lot within AVR HOA, established pursuant to the annual assessment
provisions in Section 3 of the Declaration of Covenants, Conditions and Restrictions for
Alpine Village Subdivision, Restated as Amended, as recorded in the land records of
Lincoln County, Wyoming on August 30, 2013 in Book 819 at Page 194 as Receiving
No. 972990; provided, however, that if more than ten percent (10 of the annual
assessment of the AVR HOA is used for purposes other than road maintenance and snow
plowing of roadways, then the per lot assessment for INDIAN CREEK HOA shall be
reduced to the amount that is allocable only to road maintenance and snow plowing.
c. Before the AVR HOA's annual budget, which is the basis for the
calculation of the annual assessment for each year, can be raised in excess of the
Consumer Price Index in any year, the INDIAN CREEK HOA, any of its members, or a
representative of its choosing shall be entitled to attend and participate in the AVR HOA
membership meeting that must be held as provided in the above referenced Declaration.
3. CONSIDERATION. For and in consideration of Ten Dollars ($10.00), the
mutual promises and agreements of the parties hereto, and other valuable consideration, in hand
paid, the receipt of which is hereby acknowledged, the parties declare that consideration has been
provided to each of them for this Agreement.
4. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement
between the parties and any prior understanding or representation of any kind preceding the date
of this Agreement shall not be binding except to the extent incorporated in this Agreement.
5. MODIFICATION OF AGREEMENT. Any modification of this Agreement
shall be binding only if evidenced by agreement in writing signed by the parties hereto or their
successors or assigns.
6. WAIVERS. The failure of any party to this Agreement to enforce the
performance of the terms and conditions set forth herein, or a waiver of a breach of any of the
terms and conditions set forth herein, shall not be construed as a continuing waiver of such
failure or breach, and the terms and conditions shall remain in full force and effect as if no such
forbearance or waiver had occurred.
7. BINDING EFFECT. This Agreement shall be binding on any successors or
assigns of the parties hereto.
8. WYOMING LAW. This Agreement shall be governed by Wyoming law.
AGREEMENT
FOR
ROAD MAINTENANCE AND SNOW PLOWING
PAGE 2 OF 4
IN WITNESS WHEREOF, each party has signed this Agreement.
STATE OF WYOMING
SS.
COUNTY OF LINCOLN
ACKNOWLEDGED before me on this, the day of (./Gkbi., 2014 by
REX DOORNBOS, acting as Vice President of the AVR HOMEOWNERS ASSOCIATION,
a Wyoming Nonprofit Corporation.
MARY KIEHNE NOTARY PUBLIC
County of 3 q� S S�� r° State of
Lincoln s• ,..2 Wyoming
s
My Commission Expires September 27, 2015
eal.
My Commission expires: /-24-IS
BY:
-2 -7-j S
BY:
AVR HOMEOWNERS ASSOCIATION,
a Wyoming Nonprofit Corporation
X DOORNBOS, VICE PRESIDENT
AGREEMENT
FOR
ROAD MAINTENANCE AND SNOW PLOWING
PAGE 3 OF 4
WITNESS my hand and official seal.
MARY KIEHNE NOTARY PUBI.UC
State of
Wvcr i i.q
County of
Lincoln
My Commission Expire. Peen 1015
My Commission expire r/2 7
BY:
INDIAN CREEK SUBDIVISION
HOMEOWNERS ASSOC TION,
a Wy o s ing Nonprofit Corpora n
WILLIA WIEMANN, PRESIDE
STATE OF WYOMING
SS.
COUNTY OF LINCOLN
ACKNOWLEDGED before me on this, the day of 0C 4(±* 2014 by
WILLIAM J. WIEMANN, acting as President of the INDIAN CREEK SUBDIVISION
HOMEOWNERS ASSOCIATION, a Wyoming Nonprofit Corporation.
AGREEMENT
FOR
ROAD MAINTENANCE AND SNOW PLOWING
PAGE 4 OF 4