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HomeMy WebLinkAboutComplete Staff Report 103 MS 23 103 MS 23 APPLICANT: Kristen Bringhurst & John Paul Culligan PROJECT NAME: Monarch Meadows COMMUNITY PLAN AREA: Freedom ZONING: The west portion of the parcel is in the Mixed Zone, the east portion is in the Rural Zone REPRESENTATIVE: Surveyor Scherbel, Ltd. PLANNING STAFF: Elizabeth Williams PIN: 3519-284-00-079 PROPOSAL: A Minor Subdivision Preliminary Plat application proposal to subdivide 37.41 +/- acres into five residential lots with an average lot size of 7.48 +/- in Mixed and Rural Zones. The project site is accessed from Wyoming State Highway 239. The lots will be served by individual wells and individual septic systems that meet current State and County standards. The lower portion of Lot 1 lies within the Freedom Water District. LOCATION: The parcel is located in the community of Freedom, T35N, R119W, Section 28, Lincoln County, Wyoming. ATTACHMENTS: 1. Subdivision Plat 2. Vicinity Map 3. Agency Correspondence 4. Development Agreement STAFF RECOMMENDATION: Planning staff recommends that the Planning and Zoning Commission send a recommendation of APPROVAL to the Board of County Commissioners for File # 103 MS 23 Monarch Meadows, a Minor Subdivision Preliminary Plat, with: ● Findings of Approval A thru C. ● Conditions of Approval 1 thru 4. ● A Recommendation for the Board of County Commissioners to sign the Development Agreement. LINCOLN COUNTY PLANNING & ZONING COMMISSION STAFF REPORT Minor Subdivision Preliminary Plat Application HEARING TIME AND DATE: 6:00 p.m., March 20, 2024 LOCATION: Lincoln County Courthouse, Commissioner Boardroom 3rd Floor, 925 Sage Ave., Kemmerer, Wyoming & Afton Planning & Development Office, 61 E. 5th Ave., Afton, Wyoming FILE # 103 MS 23 103 MS 23 FINDINGS OF APPROVAL: A. The proposed subdivision is consistent with the goals and objectives of the Lincoln County Comprehensive Plan. B. The proposed subdivision is consistent with the standards and procedures of the Lincoln County Land Use Regulations. C. The proposed subdivision is consistent with the provisions W.S. 18-5-301 through W.S. 18-5-315. CONDITIONS OF APPROVAL: 1. The developer/owner shall comply with all of the County, State and Federal laws and regulations. 2. Compliance with agency requirements: The developer/owner shall obtain any and all County, State, and Federal permits, licenses, and other approvals for the construction and/or operation of the project. This may include: Local Fire District, Wyoming Department of Fire Prevention and Electrical Safety (State Fire Marshal), Wyoming State Engineer’s Office (SEO), Wyoming Department of Transportation (WYDOT), Wyoming Game and Fish, Wyoming Department of Environmental Quality (DEQ), Army Corps of Engineers, Bureau of Land Management (BLM), and/or Environmental Protection Agency (EPA). 3. The developer shall enter into a Development Agreement with the County. 4. The developer shall provide a fire hydrant connected to Freedom Water District at the entrance of the subdivision, unless Freedom Water District provides a letter stating they lack capacity at that location. AGENCY CORRESPONDENCE: Lincoln County Weed & Pest Control District: At time of inspection Canada Thistle is present on the property. My recommendation is to implement a weed management plan on the property. For this species doing a mid to late June treatment with herbicide is optimal. Star Valley Conservation District: Due to ground water levels in this section being extremely close to the surface, SVCD recommends soil cuts to determine groundwater levels. If ground water is high, we recommend an enhanced septic system and no basements. We recommend that soil cuts be taken in the spring/early summer when groundwater is highest. If soil cuts are done at other times know that static water level can fluctuate according to the amount of high-water runoff from year to year. WYDOT: WYDOT has no objections for the proposed subdivision. A residential access permit onto WY 239 was recently issued for the 5-lot subdivision by WYDOT. For any change in use, a new access permit must be obtained from WYDOT. State Engineer’s Office: Our records indicate that there may be some irrigated acres associated with the subdivision lands under Permits T1625 and P1873.0E. These acres need to be addressed per Statute. UV239 £¤89 3433 26 35 28 22 27 23 35N 119W³±125³±114UV239 LUTHI, TYSON& SHARON LOCKWOOD,MICHAEL D& MEGAN S CAREY, JOHN A JR & STEPHANIEL TRUSTEES LOCKWOOD, MICHAEL D &MEGAN SBARTLETT, BENJAMIN RIDGELINERENTALS, LLC RIDGELINERENTALS, LLC JENKINS,LARRY B & SHIRLEY JENKINS,VERN S ETAL JENKINS, KENDALL& EILEEN JENKINS,KENDALL ETAL JENKINS, KENDALL& EILEEN JENKINS, KENDALL ETAL CORPORATION OF THE PRESIDING BISHOPOF THE CHURCH OF JESUS CHRIST OFLATTER-DAY SAINTS HADERLIE, DANNIE K & TRUDY A TRUSTEES JENKINS, LORENZO E.&JULIE P. SNYDER, SETH A & STEVEN A SNYDERHADERLIE, DANNIE K & TRUDY ATRUSTEES JENKINS, LORENZO E& JULIE P HADERLIE, DANNYK & TRUDY A TRUSTEES ROBINSON, KARL &JULIE LUTHI, TYSONK & SHARON R LUTHI, TYSON K & SHARON R BRINGHURST, KIRSTEN & JOHNPAUL CULLIGAN HEYE, CURTISL & TARA V HEYE, CURTIS L & TARA V JENKINS,TEDD B & CHRISTY C JENKINS,LARRY B & SHIRLEY ERICKSON, KATHLEEN E HEINER,HAL & JANN LUTHI, TYSON & SHARON LUTHI, TYSON &SHARON HADERLIE,DANNIE K & TRUDY A TRUSTEES HOKANSON,GARY O, TRUSTEE HOKANSON, GARY O,TRUSTEE LUTHI, MARKR & LISA CARTER, BRIAN& LORENE LUTHI, TYSON K & SHARON R LEMON PIEHOLDINGS, LLC LUTHI, KIM C & DENA I LEMON PIE HOLDINGS, LLC HEINER,ERIC H LUTHI, KIM C &DENA I LUTHI, KIM C &DENA I LUTHI, TYSONK & SHARON R LUTHI, TYSONK & SHARON R BRINGHURST, KIRSTEN & JOHNPAUL CULLIGAN JENKINS,CHAD K FAM REV TRUST STATELINE CONDOMINIUM ASSOCIATION STATELINE CONDOMINIUM ASSOCIATION STATELINE CONDOMINIUM ASSOCIATION TREFREN, TRACEYA & MARY EBITTENBENDER CLARK, LEONARD R JUAREZ,DE LOS ANGELES ESPINOZABRAINE LLCJENKINS,ADAM & CAMILA JENKINS,VERN S ETAL JENKINS, LARRY B& SHIRLEY RAMIREZ, GARY AJR & SAMANTHA M O'BRIEN HADERLIE, DANNIE K & TRUDY A TRUSTEESMORRIS,SUNRISE C & ROBERT K DEGARMO Maxar, Microsoft Minor Subdivision Application Projects Public Noticing US Highways WY Highways Township & Range Sections Municipalities File No 103 MS 23 Monarch Meadows Subdivision Kristen Bringhurst & John Paul Culligan Prepared using available data by Elizabeth Williams on 27 Feb. 2023. Map is for informational purposes only and in no way represents an official survey of land. April 4, 2023, 2023 Lincoln County Office of Planning and Development P. O. Box 468 Kemmerer, WY 83101 STAR VALLEY CONSERVATION DISTRICT Board of Supervisors has reviewed the proposed Monarch Meadow-Minor subdivision, for Kirsten Bringhurst and John Paul Culligan, near Freedom, Wyoming. Due to ground water levels in this section being extremely close to the surface, SVCD recommends soil cuts to determine groundwater levels. If ground water is high, we recommend an enhanced septic system and no basements. We recommend that soil cuts be taken in the spring/early summer when groundwater is highest. If soil cuts are done at other times know that static water level can fluctuate according to the amount of high-water runoff from year to year. Please note that the property has an irrigation water right from the Kirkbride Ditch #1. The water district must have maintenance access to the ditch. Landscaping such as trees, shrubbery, etc., within one rod (16.5 feet) of either side of the pipeline is strongly discouraged and is subject to removal by the water district. For more information, please contact our office at 307-885-7823. This report satisfies the Conservation District Review as required by Wyoming State Statute 18-5-306. No other use is intended or implied. If there is any more information, we can provide for you, please let us know. Yours truly, STAR VALLEY CONSERVATION DISTRICT Rollin Gardner Chairman Subdivision Review Monarch Meadows Minor Subdivision Freedom, Wyoming April 4, 2023, 2023 Location Monarch Meadows minor subdivision is in the S1/2/SE1/4 of section 28 T35N R119W, near Freedom, Wyoming. The proposed subdivision is +/- 37.39 acres and will be divided into 5 lots. Water Star Valley Conservation District (SVCD) personnel used the State Engineers Water Rights Data Base to obtain groundwater information for this property. Well logs from wells in the vicinity indicated the static water level is between 10 and 25 feet below ground surface. According to Surveyor Scherbel’s Office, owner’s agent, the 5 lots will each have individual wells and septic systems. Due to ground water levels in this section being extremely close to the surface, SVCD recommends soil cuts to determine groundwater levels. If ground water is high, we recommend an enhanced septic system and no basements. We recommend that soil cuts be taken in the spring/early summer when groundwater is highest. If soil cuts are done at other times know that static water level can fluctuate according to the amount of high-water runoff from year to year. Please note that the property has an irrigation water right from the Kirkbride Ditch #1. The water district must have maintenance access to the ditch. Landscaping such as trees, shrubbery, etc., within one rod (16.5 feet) of either side of the pipeline is strongly discouraged and is subject to removal by the water district. For more information, please contact our office at 307-885-7823. Salt River The Salt River is listed on Table C (Water Bodies with Water Quality Threats) of the Wyoming Department of Environmental Quality (WDEQ) 2020 Section 303(d) List. The Salt River does not support the designated use for contact recreation use due to elevated levels of fecal coliform bacteria. In response to this listing, the Star Valley Conservation District (SVCD) initiated watershed- planning activities for the Salt River Watershed in 2003. The Salt River Watershed Plan has been completed, was formally submitted to WDEQ and was accepted and signed by WDEQ in July 2005. SVCD completed a TMDL for the Salt River in 2016 which was submitted to WDEQ. SVCD continues to monitor the watershed. We have collaborated with landowners to implement fencing and off stream watering for livestock. We also provide a cost share to homeowners to pump septic systems after attending our septic workshops. 3/4/24, 3:34 PM LINCOLN COUNTY WYOMING Mail - Public Notice for 103 MS 23 Monarch Meadows https://mail.google.com/mail/u/0/?ik=8e4afe6fc8&view=pt&search=all&permmsgid=msg-f:1792614798716943886&simpl=msg-f:1792614798716943886 1/1 Elizabeth Williams <elizabeth.williams@lincolncountywy.gov> Public Notice for 103 MS 23 Monarch Meadows Darin Kaufman <darin.kaufman@wyo.gov>Mon, Mar 4, 2024 at 9:44 AM To: Katie Gipson <katie.gipson@lincolncountywy.gov> Cc: Elizabeth Williams <elizabeth.williams@lincolncountywy.gov>, Planning <planning@lincolncountywy.gov> Katie, Thank you for the opportunity to comment. WYDOT has no objections for the proposed subdivision. A residential access permit onto WY 239 was recently issued for the 5-lot subdivision by WYDOT. For any change in use, a new access permit must be obtained from WYDOT. For any new utility construction within WYDOT right-of-way, the utility companies/owner shall obtain the necessary M-54 utility license via the new on-line permitting process, MainStar, located at https://usa.maintstar.co/Wyoming/Logon.aspx. Currently WYDOT requires any utility company needing access to the MainStar system to contact the local District Office for the license or permit, or to email dot.utilities@wyo.gov to set up your login credentials. An M-21 permit is necessary for new utility connections to existing permitted utilitieswithin WYDOT R/W. WYDOT Utilities Section can be found at the following link: http://www.dot.state.wy.us/home/engineering_technical_programs/utilities_section.html Thank you. Darin Kaufman, P.E., PTOE WYDOT District 3 Traffic Engineer 3200 Elk Street Rock Springs, WY 82902 Office: 307.352.3034 Cell: 307.389.0235 [Quoted text hidden] E-Mail to and from me, in connection with the transaction of public business, is subject to the Wyoming Public Records Act and may be disclosed to third parties. State Engineer's Office March 11, 2024 HERSCHLER BUILDING, 2 WEST CHEYENNE, WYOMING 82002 (307) 777-6150 Lincoln County Board of Commissioners 925 Sage Ave., Suite 302 Kemmerer, WY 83101 planning@lincolncountywy.gov RE: Monarch Meadows Dear Commissioners: MARK GORDON GOVERNOR BRANDON GEBHART, P.E. STATE ENGINEER The State Engineer's Office Ground Water Division received application material related to the Monarch Meadows Minor Subdivision from the Lincoln County Planning and Zoning Department, requesting information and advice. This proposed minor subdivision is to be located in the Sl/2SE1/4 of Section 28, Township 35N, Range 119W, Lincoln County, Wyoming. The subdivision consists of dividing a 37.41 +/-acre parcel into five 7.48 +/-acre lots.Based upon the review of both the subdivision application and a preliminary search of the agency's water rights database, the State Engineer's Office offers the following: Our office reviewed the referenced submittal in compliance with W.S. 18-5-306. We find that in respect to W.S. 18-5-306(a)(xi), the subdivider needs to address the following items: 1. Our records indicate that there may be some irrigated acres associated with the subdivision lands under Permits T1625 and P1873.0E. These acres need to be addressed per Statute (see item 8 for a summary of our findings and the processes to address these acres). Additional Comments: 2. Wells associated with central water systems require permits from the Wyoming State Engineer's Office, in addition to acquiring the proper permit(s) from the Wyoming Department of Environmental Quality. 3. An approved permit from the Wyoming State Engineer's Office is required prior to the drilling of any water well. The procurement of the necessary and appropriate State Engineer groundwater permit allows the applicant to attempt to develop a water supply adequate to meet their proposed needs, and is no guarantee that any water will be physically available. Surface Water (307) 777-6475 Ground Water (307) 777-6163 Board of Control (307) 777-6178 4. If any new wells are proposed, they must be constructed in accordance with the State Engineer's Office Rules and Regulations, Part III, Water Well Minimum Construction Standards. 5. With few exceptions, new wells must be constructed by a Wyoming licensed water well drilling contractor, and pumps must be installed by a Wyoming licensed pump installation contractor. 6. Any well not to be used must be properly plugged and abandoned as outlined in the above referenced rules and regulations. 7. Any wells developed for uses that do NOT fall within the definition of domestic or stock use require adjudication by the Board of Control. 8. The water right search revealed other existing water rights attached to the subdivision lands. Those water rights must be addressed as outlined in Wyoming Statute 18-5-306(a)(xi). To date, the State Engineer's Office has not received any paperwork addressing the intended disposition of the water rights. Wyoming Statute 18-5-306(a)(xi): (xi) With respect to any water rights appurtenant to lands to be subdivided in accordance with this chapter and prior to final approval of the subdivision permit, the subdivider shall provide the following: (A) The intended disposition of the water rights, by: (I) Written documentation from the state engineer or the state board of control that the subdivider submitted to the state engineer or the state board of control all documents necessary to voluntarily abandon the water rights, cancel any unadjudicated permits or eliminate applicable lands from any unadjudicated permits. The subdivider shall notify any purchasers of this action; (II) Written documentation from the state board of control that the subdivider has submitted to the state board of control all documents necessary to change the use or place of use to provide for beneficial use of the water rights outside the subdivision; (III) A plan, accompanied by written documentation from the state engineer approving the plan, for the distribution of the water rights appurtenant to the land to be subdivided. The plan shall specify the distribution of the water to the lots within the subdivision and shall include written documentation from the state board of control that the subdivider submitted to the state board of control all documents necessary to change the use, place of use or point of diversion or means of conveyance in accordance with W.S. 41-3-103, 41-3-104 or 41-3-114; or (IV) Written documentation from the state board of control that it has accepted an authorization to detach water rights appurtenant to the lands to be subdivided in accordance with rules and regulations promulgated by the state board of control. (B) If the subdivision is located within lands served by or crossed by a ditch, irrigation works or other water conveyance system, evidence that the subdivider submitted the plan to the public entity, company, association or appropriators responsible for the ditch, irrigation works or other water conveyance system for review and recommendation at least sixty (60) days prior to the submittal of the application for the subdivision permit to the board. Upon receipt of the plan, the public entity, company, association or appropriators shall notify the subdivider if and how the subdivision will create a significant additional burden or risk of liability; (C) Evidence that the subdivider will specifically state on all offers and solicitations relative to the subdivision the subdivider's intent to comply with this paragraph and that the subdivider does not warrant to a purchaser that the purchaser shall have any rights to the natural flow of any stream within or adjacent to the proposed subdivision. The subdivider shall further state that Wyoming law does not recognize any riparian rights to the continued natural flow of a stream or river for persons living on the banks of the stream or river; (D) If the subdivision is located within the boundaries of an irrigation district that is subject to the provisions of title 41, chapter 7 of the Wyoming statutes, the application shall include recommendations from the irrigation district regarding any changes to the attached water rights and the irrigation district's easements. If there is a conflict with the irrigation district's recommendations, the subdivider shall certify that it met with and made a good faith effort to resolve any conflicts with the irrigation district; and (E) If the subdivision will create a significant additional burden or risk of liability to the public entity, company, association or appropriators responsible for the ditch, irrigation works or other water conveyance system, the subdivider shall provide an adequate and responsible plan to reduce or eliminate the additional burden or risk of liability and evidence that the subdivider submitted the plan to the public entity, company, association or appropriators for review and recommendation regarding the adequacy of the plan. In all correspondence regarding this application, please reference "State Engineer Subdivision Review Number 2024-12-12". If you have any questions, please feel free to contact me at (307) 777-2975, or if you prefer email, at sue.kinsley@wyo.gov . Thank you for the opportunity to comment on the subdivision application. Sincerely, Sue Kinsley Natural Resources Analyst TRANSMITTED VIA EMAIL Cc: Lisa Lindemann, Administrator, Ground Water Division Jed Rockweiler, Administrator, Surface Water Division Cheryl Timm, Administrator, Board of Control Division Kevin Payne, Superintendent, Water Division IV Mike Johnson, Lead Hydrographer/Commissioner, Water Division IV, District 12 103 MS 23 Page 1 of 10 DEVELOPMENT AGREEMENT FOR MONARCH MEADOWS SUBDIVISION FILE NO. 103 MS 23 THIS AGREEMENT is made and entered into as of the ____ day of ______________, 2024 by and between Lincoln County, Wyoming, hereinafter referred to as “County”, whose address is 925 Sage Ave Suite 301, Kemmerer, Wyoming, 83101 and Kristen Bringhurst and John Paul Culligan hereinafter referred to as “OWNER/DEVELOPER,” whose address is 11826 N. Cumberland Road, Pocatello, ID 83202. WHEREAS, it is the intent and purpose of the OWNER/DEVELOPER to meet the conditions of approval for File No. 103 MS 23 Monarch Meadow Subdivision to subdivide approximately 37.4 acres into 5 lots as set forth in the Preliminary Plat; and WHEREAS, the OWNER/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 OWNER/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 Monarch Meadow Subdivision; NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties agree: Section 1. Definitions 1.1 SUBDIVISION: The subject of this Agreement, which is designated and identified as File No. 103 MS 23 Monarch Meadows Subdivision on the Property described in Exhibit A in the jurisdiction of Lincoln County, Wyoming. This definition shall include any and all future mention to the term 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, building site, or development. 1.3 OWNER/DEVELOPER: means and refers to Kristen Bringhurst and John Paul Culligan whose address is 11826 N. Cumberland Road, Pocatello, ID, the party that owns and is developing the Property and shall include and subsequent owner(s) or OWNER/DEVELOPER(s) of the Property. 1.4 PROPERTY: means and refers to the identified approximately 37.41 +/- acres of a certain parcel(s) of Property located in Lincoln County, Wyoming, as described in Exhibit A. 103 MS 23 Page 2 of 10 Section 2. Planned Improvements. The OWNER/DEVELOPER shall, at its sole cost and expense, properly install and complete the following required improvements: ● Construct approved subdivision road with a minimum 26’ roadway width beginning from Wyoming State Highway 239, with a bump-out emergency turnaround midway, and ending in a cul-de-sac. The subdivision road shall meet all Lincoln County Road Standards. ● Submit a Water Distribution Plan to the State Engineer’s Office if water rights exist on the property. ● Install electrical power and communication lines to each identified lot. ● Surveyor’s lot monuments as set forth in the Preliminary Plat attached hereto as Exhibit B. ● Reseed disturbed areas to avoid weed infestation and erosion. ● Purchase private road name sign and stop sign through Lincoln County, Wyoming Planning and Development Office. ● Install road and stop sign after completion of improvements and final subdivision approval (see Lincoln County Land Use Regulations 6.18). ● Install a fire hydrant at the entrance of the subdivision, unless Freedom Water District documents that they lack capacity at that location. OWNER/DEVELOPER agrees that these 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. Section 3. Sales or building permits. No lot shall be sold 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 OWNER/DEVELOPER shall commence construction of the Improvements for SUBDIVISION within two (2) years after the SUBDIVISION Preliminary Plat approval by the Lincoln County Board of County Commissioners. The OWNER/DEVELOPER will complete construction of the Improvements within three (3) years after approval of the Preliminary Plat. If OWNER/DEVELOPER does not commence construction of the Improvements within two (2) years or complete Improvements within three (3) years of the date of SUBDIVISION Preliminary Plat approval by the Lincoln County Board of County Commissioners, the preliminary plat approval for SUBDIVISION will be automatically revoked. At such time, the OWNER/DEVELOPER must reapply for approval of SUBDIVISION under the then current County subdivision regulations. If OWNER/DEVELOPER timely completes the Improvements and meets all of the conditions of approval set out in the Final Determination approving the 103 MS 23 Page 3 of 10 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 OWNER/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. OWNER/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 shall therefore apply before, during, and until completion of Improvements. Section 6. Permits. The OWNER/DEVELOPER is responsible for obtaining all 60’ right-of-way, easements, access, excavation, and other permits and approvals required by local, State, or Federal regulations. Section 7. Inspections. The OWNER/DEVELOPER’s representatives shall make regular inspections and maintain control of the SUBDIVISION 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 OWNER/DEVELOPER is in compliance with this Agreement. The OWNER/DEVELOPER shall permit the County and its representatives to enter upon and inspect the Property at reasonable times. The OWNER/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 OWNER/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, OWNER/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 OWNER/DEVELOPER of completion and submission of “as built” plans and specifications. Upon inspection, the County shall give 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 OWNER/DEVELOPER. Upon approval of the final inspection, the County shall notify OWNER/DEVELOPER of its acceptance of the Improvements. Section 9. Warranty of the Improvements. The OWNER/DEVELOPER warrants the prompt and satisfactory correction of all defects and deficiencies, for both materials and workmanship, in the Improvements that occur or become evident within one year. If such defect or deficiency occurs or becomes evident during such period, then the OWNER/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 OWNER/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. 103 MS 23 Page 4 of 10 Section 10. Remedies. In the event the OWNER/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 OWNER/DEVELOPER’s approvals for SUBDIVISION. In the event of said revocation, OWNER/DEVELOPER must reapply for approval of SUBDIVISION under the then current County subdivision regulations. Section 11. Default. If the OWNER/DEVELOPER 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, then the OWNER/DEVELOPER shall be in Default of this Agreement. Lincoln County shall notify the OWNER/DEVELOPER of the specific Default or failing. If Default occurs, then Lincoln County shall be entitled to use any of the Remedies in the preceding paragraph at its own discretion. Section 12. Maintenance of Lots. OWNER/DEVELOPER hereby agrees that all unsold lots shall be maintained by the OWNER/DEVELOPER at the OWNER/DEVELOPER’s sole expense. Section 13. Maintenance of Roads. OWNER/DEVELOPER hereby agrees that they will create a binding document; either a Road Maintenance Agreement, HOA, CCR, Special Improvement District, or Mutual Benefit Corporation that at a minimum: a) Provide an entity for ongoing road maintenance including the collection of road maintenance fees; b) Provide an entity for ongoing snow removal including the collection of snow removal fees; c) Ensure road maintenance and snow removal are maintained indefinitely. d) The chosen document must be filed at the time of final plat filing, and bind all current and future owners to the agreement. Section 14. Binding Upon Successors. This Development Agreement shall be binding upon and inure to the benefit of the parties’ respective heirs, successors, assigns and personal representatives. Section 15. 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 Development Office 925 Sage Ave., Ste 201 103 MS 23 Page 5 of 10 Kemmerer, WY 83101 Notices to the OWNER/DEVELOPER shall be addressed to, or delivered at, the following address: Kristen Bringhurst and John Paul Culligan 11826 N. Cumberland Road Pocatello, ID 83202. Section 16. Indemnification. A. No Liability for County Approval or Denial. The OWNER/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 or denial 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 or denial of any permits, inspections, approvals or acceptances does not, and shall not, in any way be deemed to insure the OWNER/DEVELOPER, or any of its heirs, successors, assigns, tenants, or licensees or any third party, against damage or injury of any kind. B. Indemnification. Except as provided below, the OWNER/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 of, denial, or approval of any plans, including those for the Improvements, (2) the inspection or issuance of any approval or acceptance of Improvements, (3) the SUBDIVISION, construction, maintenance or use of any portion of the Improvements and (4) the performance by the OWNER/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. Section 17. Amendments or Alterations. Any changes, omissions, modifications, revisions, additions or amendments to this Development Agreement shall be incorporated by written instrument, executed and signed by all parties. Section 18. 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 19. Filing. The County shall have this Agreement recorded in the Office of the Lincoln County Clerk. Section 20. Authority to Execute. The County hereby warrants and represents to the OWNER/DEVELOPER that the persons executing this Agreement on its behalf have been properly authorized to do so by the Board of County Commissioners. The OWNER/DEVELOPER hereby warrants and represents to the County (1) that it is the owner of 103 MS 23 Page 6 of 10 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 OWNER/DEVELOPER hereunder will (i) result in a breach or default under any Agreement to which the OWNER/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 OWNER/DEVELOPER or the subdivision is subject. Section 21. Regulations. The OWNER/DEVELOPER agrees to abide by all regulations, laws and codes of Lincoln County, the State of Wyoming, and the Federal Government. Section 22. 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 23. Insurance. OWNER/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 OWNER/DEVELOPER’s indemnification requirements set forth herein and be obtained before beginning construction. Upon request, OWNER/DEVELOPER agrees to provide a certificate of liability insurance to County evidencing said limit. Section 24. 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 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 25. 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 OWNER/DEVELOPER or the acceptance of any Improvement. OWNER/DEVELOPER acknowledges that Lincoln County reserves the right to revoke all approvals for SUBDIVISION upon failure to comply with SUBDIVISION conditions of approval, upon any of the violations of Lincoln County Land Use Regulations, or for 103 MS 23 Page 7 of 10 misrepresentations or material omissions made to the Lincoln County Planning and Engineering Office or Board of County Commissioners. Section 26. 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 27. 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 ________________________________ Date: ______________________ Kent Connelly, Chairman Board of Lincoln County Commissioners Attest: ________________________________ April Brunski Lincoln County Clerk 103 MS 23 Page 8 of 10 OWNER/DEVELOPER ________________________________ Date: ______________________ Kristen Bringhurst ________________________________ Date: ______________________ John Paul Culligan STATE OF WYOMING ) ) ss COUNTY OF LINCOLN ) The foregoing instrument was acknowledged before me by Kristen Bringhurst and John Paul Culligan, this ____ day of ______________ 2024. Witness my hand and official seal. (SEAL) _____________________________________ Notary Public My Commission expires: ________________ 103 MS 23 Page 9 of 10 EXHIBIT A DESCRIPTION OF PROPERTY Monarch Meadows Subdivision 37.41 +/- acres within Section 28, Township 35 North, Range 119 West, in, Lincoln County, Wyoming. 103 MS 23 Page 10 of 10 EXHIBIT B APPROVED PRELIMINARY PLAT See Attached