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AGREEMENT FOR PROVIDING ELECTRIC DISTRIBUTION SYSTEM
This agreement, is entered into this 11TM day of May 2005, between LOWER VALLEY
ENERGY ("LVE") and RICH3LRD E. PACK AND BARBAR3~ J. PACK, Trustees, or their
successors in trust, under the Pack Living Trust, dated June 1, 1999
("Developer")
LVE agrees to provide an underground primary electric distribution system
Lots 27,28,29 & 30 Palis Park Subdivision, according to Plat No. 165,
being a part of the N ~ SE h and SW h NE ~ of Section 29, T37N, Rll8W, 6tn
P.M., 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:
Lots 27,28,29, & 30 Palis Park Subdivision, Lincoln County, Wyoming.
3. COSTS:
TRENCHING COST $ 0.00
LABOR & MATERIAL ~:~5~-537.76
TOTAL COST
$~,5~
4. DUTIES OF PARTIES: q
(A) . Developer: Developer agrees to establish a final road located on
the Property and final grade the Property before installation of LVE Electric
System; to backfill and to trench when necessary for repair of normal settling;
to advise LVE 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 LVE harmless,
including LYE attorney fees, for all damages resulting from failure Eo so
notify LVE.
The Developer shall furnish a 42" deep trench for LVE and bedding
materials at LVE's request, at no cost to LVE.
The Developer shall assume all liability, indemnify and hold LVE
harmless, including LVE 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 shall furnish easements and
permits to LVE for this system at no cost to LVE prior to the commencement of
construction.
(B) . LVE: LVE 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, for whatever reason or no
reason, then, LVE reserves the right to review the quoted costs, make necessary
adjustments and change the payment stipulated below to reflect currenE 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 LVE 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 LVE, in its sole discretion.
5. PAYMENT:
The Developer shall pay the sum of $5,537.76 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.
Unless, within five (5) years, meters with bona fide load are installed on the
Property, producing $276.89 per year revenue to cover operating and maintaining
the base distribution system, then the Developer agrees to provide a yearly
revenue payment equal to five percent (5%) of the installed cost. Such payment
to LVE shall continue until revenue from meters installed equals the costs
operate and maintain the base distribution system. RECEIVED 5/25/2005 at 11:0§AM
RECEIVING # 908684
BOOK: 586 PAGE: 169
~ ,:~ ', ~',~"~' JEANNE \~'
LINCOLN COUNTY CLEar,,, ru~MMERER, VVY
As electric service is requested for each lot, that lot owner will be required
to enter into a contract with LVE for the electric service in accordance with
LVE 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
there-after 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
BY: ~//- ~
STATE OF ) ss.
oF Lit4 )
The foregoing instrument was acknowledged before me by
this I~k day of
~ j~(:~ ~.~R~Si~6i~Y-PI] ~kl~-~ i tness
COU~aE)
LINCOLN
My commission expires:
my hand and official seal.