HomeMy WebLinkAbout908362WO# 60463
Section 34, T36N, Rll9W
AGREEMENT FOR PROVIDING ELECTRIC DISTRIBUTION SYSTEM
This agreement, is entered into this 5th day of May, 2005, between LOWER VALLEY ENERGY,
and Joel Merritt, PO Box 651, Thayne, WY 83127, ("Developer"). Lower Valley Energy agrees
to provide an underground primary electric distribution system to:
SECTION 34, T36N, RllgW
LINCOLN COUNTY, WYOMING
1. SYSTEM CHARACTERISTICS:
System shall be underground alternating current, single phase line, sixty cycle, and 7,200
volts ("Electric System").
2. LOCATION:
The Electric System shall be provided at:
TO BE KNOWN AS BRIARWOOD ESTATES
LOTS 1, 2, 3, 4, And 5
SECTION 34, T36N, Rll9W
LINCOLN COUNTY, WYOMING
("Property").
3. COSTS:
MATERIALS & LABOR
RECEIVED 5/12/2005 at 10:57 AM
RECEIVING # 908362
BOOK: 585 PAGE: 173
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
$13,880.45
TOTAL COST
$13,880.45
4. DUTIES OF PARTIES:
(A). Developer: Developer agrees to establish a final road located on the Property and final
grade the Property before installation of Lower Valley Energy Electric System; to backfill and to
trench when necessary for repair of normal settling; to advise Lower Valley Energy of the location of
all existing and planned underground facilities, such as, water, sewer, telephone, cable TV and
Developer owned electric wiring; and to be responsible, indemnify and hold Lower Valley Energy
harn~less, including Lower Valley Energy attorney fees, for all damages resulting from failure to so
notify Lower Valley Energy..
The Developer shall furnish a 42" deep trench for Lower Valley Energy and bedding
materials at Lower Valley Energy's request, at no cost to Lower Valley Energy.
The Developer shall assume all liability, indemnify and hold Lower Valley Energy harmless,
including Lower Valley Energy attorney fees, from any accidents or damages resulting from the
trench and trenching activities. The Developer shall be responsible for obtaining all applicable
Federal, State and Local permits necessary for the trench and trenching activities. The Developer
promptly shall furnish easements to Lower Valley Energy for this system at no cost to Lower Valley
Energy.
(B). Lower Valley Energy: Lower Valley Energy shall furnish and install the underground
Electric System to the Property. If for any reason some of the Electric System is not installed or if
more is installed, the payment described below will be adjusted accordingly. The above computed
costs are current as of the date of this agreement and are valid for 120 days from that date. Should
construction begin more than 120 days after the date of the Agreement, Lower Valley Energy
reserves the right to review the quoted costs, make necessary adjustments and change the payment
· stipulated below to reflect current costs. This agreement provides for an Electric System to the
specified lots as platted on the property. Each lot owner will be required to enter into a separate
agreement with Lower Valley Energy to extend the underground Electric System from the primary
distribution point to the lot owners' metering point. The entire Electric System installed under this
agreement shall be owned, maintained and operated by Lower Valley Energy.
The Developer shall pay the sum of $13,880.45 to LVE prior to the commencement of construction
of the Electric System. The consideration paid by the Developer is a charge for the cost of the
electric system, for this type of development and is not a deposit for security.
After five (5) years, if Lower Valley Energy is not collecting sufficient revenue to cover operating
and maintaining the Electric System, then the Developer or assignees agrees to pay an annual amount
equal to five percent (5%) of the installed cost less any revenue received during the year. Such
payment to Lower Valley Energy shall continue until revenue from meters installed equals the costs
to operate and maintain the Electric System.
As electric service is requested for each lot, that lot owner will be required to enter into a contract
with Lower Valley Energy for the electric service in accordance with Lower Valley Energy's current
Rules & Regulations.
6. TERM:
This agreement shall become effective on the date above and Shall remain in effect for five (5) years
following the installation of the Electric System and thereafter until terminated by either party giving
to the other sixty (60) day notice in writing.
7. SUCCESSION:
This agreement shall be binding upon and shall accrue to the benefit of the heirs, transferees,
successors, legal representatives and assignees, as their interests may appear, of all parties to the
agreement.
IN WITNESS WHEREOF, THE PARTIES HAVE CAUSED THIS AGREEMENT TO BE
EXECUTED BY THEIR DULY AUTHORIZED REPRESENTATIVES, EFFECTIVE ON THE
DATE WRITTEN ABOVE.
LOWER VALLEY ENERGY
DEVELOPER
COUNTY 0F~7¥'--'~/rc.r.r_d c.-/, )
Joel Merritt
x~x~derritt
The foregoing instrument was acknowledged before me by Joel Merritt, this ,~:/~ , day of
} HEATHER HESS - NOYARY PUBLIB ~ss my hand and official seal.
(S~l~ . ~
tl[oun~o(~ Stateof ~
~ UnC°'n ~ Wy°ming t ~~b~C~
My Comml~ion E~ims D~r 05, 2005., ~
My commission expires:
~';-O505