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Home My WebLink About892670!~:;i.~K_531 PRPAOE Gt~ 2 WyomingD~..pa~,at of Tran.qportation RECEIVED -- ~NCE ~MOV ~L AG~E~ LINCOLN COUNTY CLERK Parties.. This Agreement (hereinafter refcrre~[,~ ,I ~'~rgment")is made and[~t~e[a i~tb b~lJn~b~t~;een the Wyoming Department of Tran._~.brt rfic. n , whose address is ~ ~0~ ~isho~p ~ol41~y~rd, Cheyenne, WY'"82009-3340 (DEPARTMENT':, ~d-~ ~' .... -' /~-T,l~i-. whose address is '/AY '76,, '//'~/x, ~.~' t" ~'/~'" t'¥~'.,v' 6'/J,v' ./7~,4'~,o~,:[ l, o t,,~. (LANDOWNER). Purpose. Whereas the LANDOWNER deskes '.i~ / remove ,~ ~.. /miles/feet of highway right- of-way fence along the /.% ( ~L side of ki~;-.vay fi7 as the same goes through and parallels land owned by the ~OW~..XER, and being described as: I Term of Agreement. This A~-eement shall con aence upon the day and date last signed and executed by the duly authorized representatives of the parties :5 .dais Agreement, and shall remain in full force and effect until terminated. This Agreement may be termiz ~ ted, without cause, by either party or their successors or assigns, upon thirty (30) days written notice, which notice shall be delivered by hand or by certified mail. Payment. No payment shall be made to either [:.~'rty by the other party as a result of this Agreement. Responsibilities of Department. The DEPARTS, ~ shall provide the location of the highway right-of- way and mark its boundaries. Responsibilities of Landowner. The LAN'DOW / B. agrees to all provisions checked and initialed below: / F. That all'materials salvaged from the remc, val of the existing fence will be stacked and sorted for subsequent pickup by the DEPARTM2F.2ft'. The LANDOWNER will dispose of all e:'.is.tin~: fence removed in accordance.with this agreement. That prior to the actual removal of the... 2; EPA.RT/V[ENT's right-of-way fence, provisions will be made to preclude any livestock from ;.'~teving' the highway right-of-way from'another parties property adjacent to the LANDOWNER '~ property. When this Agreement permits removal of the right-of-way fence with no further instal ;.tion of a fence of the LANDOWNER's choosing, these provisions may include, but not be limi: :d to, cooperating with adjacent landowners to fence the common boundaries of their adjacent r;rc r. erties with a legal fence as described in W.S. 11-28-102. To construct such fences as agreed to on t ~e LANDOWNER's property and to perform all of the actual work of such construction, includi'- i all labor, material and equipment costs in co~?,~Ction therewith, so as to make such fences mee; legal requirements, at no cost to the DEPARt. To complete all construction work to be p!~.:, formed by him under the terms of this agreem~J~¥~.'n days after the date of th,,s agreement. UPon satisfactory completion of the fi~:'~ construction, the fence will remain the p!',~)perty of the LANDOWNER, with the LANDOWNF_~ assuming .all.maintenance.responsibility ~'!~r said fence. Changes in access from the highway to fl, :; LANDOWNERS' property will only be allowed with in accordance with WYDOT Rules and 1;; gulations for Highway Access Control.~ Wyoming Department ...ii' Tran~.~..r~a~ ti0~a FENCE REMOVAL AGREEMENT : ,No parki'fig will b:e allowed_ on highway fi~.,,ht-Of-waY~ e~cebt"as-penuitie~t-in ws 31-5-512 or ':WYDOT Onerafine PolicY40":.2. - ' -'.,: '- ..... :-. ': · . ~... ?~ ,:. ~ ..... . .':'"':'. ~. ..;, · ...~. ~... °th r(as 7. General Provisions. ho Amendments. Either party may request 5"-:: 'ages revisions or amendments to this Agreen eh: Yhic' parties to this Agreement shall be incorpor,,':d b parties to tiffs Agreement. ~fis Agreement. Any changes, modifications} :e muBlally agreed upon .by. and between the ,,';Stten instrument, executed and signed by all Bo Applicable Law. The construction, inteq.~i~tation and enforcement of this Agreement shall be governed by the laws of the State of Wym Jng. The courts of the State of Wyoming shall have jurisdiction over any action arising ou: of tU:.~: Agreement and over the parties, and the venue shall be the First Judicial District, Laramie Ce':nl ~'4 -Xt¥oming. Availability of Funds. Each payment obligation of either party is conditioned upon the availability of government funds which are appropriated ? ~,: allocated for the payment of this obligation. If funds are not allocated and available for the confi}':. ~.az:ce of the services performed by eider party, the Agreement may be terminated by either pa~./ at the end of the period for which the funds are" available. Each party shall notify the other ple~ fit the earliest possible time of the services which will ormay be affected by the shortage of fur~os No penalty shall accrue t° either party in the event this provision is exercised, and neither party ~!',~11 be obligated or liable for any future payments due or for any damages as a result of termination .u ',5.er this. section. This provision shall not be construed to permit either Party to terminate tiffs A'gree~r~,:nt in order to acquire similar services from another party. · ........... Do Entirety of Agreement. This Agreement, ,-.{ ,nsisting of four (4) pages represents the entire and integrated a~eement between the parties and ?uper~edes 'all prior negotiations, representations and agreements, whether written or oral. E. Prior Approval. This Agreement shall not be, binding upon either party unless this Agreement has been reduced to writing before performance t'{ git3 as described under the terms of this Agreement, and unless this Agreement is approved as to ;5: "'~ by the Anomey General or his representative. F. seVerability. Should any portion of this i, ',;":;~ment be judicially determined to be illegal or unenforceable, the remainder of this Agreen~i ~t i, hall cOntinue in full force and effect. Sovereign Tmm,mity. The State of Wyomi~-!. ~::hd~.he wyoming Department of Transportation do not waive their sovereign immunity by en~' nng ::... :.~ this Agreement, and each, fully retain all immunities and defenses provided by law '~?i ,. reslx' ':o any action based on or occurring as a result of this Agreement. ~ M-31 Ol~OI Ho Wyoming Department of Tran,:portation -,., FENCE m MOW2L 6 4 4 Third Party Beneficiary Rights. The parJes do not intend to create in any other individual or entity the sums of third party beneficiary, a~ d t~his Agreement shall not be construed so as to create such status. The fights, duties, and obiig~,.-f'-ms contained in this Agreement sh~xll operate only between the parties to this Agreement, a:,, :;hall be solely to the benefit of the parties to this Agreement. The provision of this Agreem&.: cm intended only to ~sist the parties'in determirfing': ' and performing their obligations under th.i;~ A:2Creement. The part/es to this Agreement intend and expressly agree that only parties signatory to .~i:; Agreement shall have any legal or equitable right to seek to enforce this Agreement, to seek ~ny rerzedy arising out of a party's performance or failure to perform any term 'or condition of this A~sem~:nt, or to bring an action for the breach of this Agreement. Sienatu[es, In w~tness whereof, the parties to this A~: ee.:nent thought their'du,ly authorized representatives have executed this Agreement on the days and :::.i '..~ set out below, and Certify, that they have read, understood, and agreed to the terms and conditior, s · ' this Agreement as set forth herein· The effective date of this Agreement is the date of. 6 :..signature last affixed to this page. 9'YOMING DEPARTME~ OF APPROVED AS TO FORM: PRINTED NAME TITL'E DATE The foregoing instrument was acknowledged before me I:L · he~,x~8.'~_-c~'la5 Witness mY. hand and official seal, Date /-- 13-67 Date my commission expiyej · Wyoming Department (': Trznsportation~ FEN CE REMOVAL ,.~ GPdgEMENT LAND OWNER: BY: (AUTHORIZED SIGNATURE) PRINTED NAME TELEPHONE NUM]3ER (AUTHORIZED SI GNAT~E)~ m PRINTED NAlVlE TITLE DATE cou rY oF, ) ) SS.: ) The foregoing instrument was acknowledged befci-e me 6, . Wimess my hand and official seal. Notary Public/ ' Date Date my commission expires