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HomeMy WebLinkAbout203 MS 25 Range View Estates Staff Report 203 MS 25 PZC APPLICANTS: Upswing Development, LLC PROJECT NAME: Range View Estates COMMUNITY PLAN AREA: Upper Valley ZONING: Rural REPRESENTATIVE: Surveyor Scherbel, Ltd. PLANNER: Mikayla Hibbert PARCEL ID: 3119-154-00-529 PROPOSAL: A Minor Subdivision Preliminary Plat proposal to subdivide 26.95 +/- acres into five residential lots with an average lot size of 5.39 +/- acres in the Rural Zone. The subdivision will share a subdivision road with a cul-de-sac accessed off of Bitter Creek County Road 140. The lots will have individual wells and individual septic systems that meet current State and County standards. LOCATION: Located 2.5 miles southwest of Afton, Wyoming in T31N, R119W, Section 15. ATTACHMENTS: 1. Subdivision Plat 2. Vicinity Map 3. Agency Correspondence 4. Draft Development Agreement PLANNING STAFF RECOMMENDATION: Planning Staff recommends that the Planning and Zoning Commission send a recommendation of APPROVAL to the Board of County Commissioners for File # 203 MS 25 Range View Estates, 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 19, 2025 LOCATION: Lincoln County Courthouse, Commissioner Boardroom 3rd Floor, 925 Sage Ave., Kemmerer, Wyoming & Afton Planning & Development Office, 61 E. 5th Ave., Afton, Wyoming FILE # 203 MS 25 203 MS 25 PZC FINDINGS OF APPROVAL: A. The proposed subdivision with conditions is consistent with the goals and objectives of the Lincoln County Comprehensive Plan. B. The proposed subdivision with conditions is consistent with the standards and procedures of the Lincoln County Land Use Regulations. C. The proposed subdivision with conditions is consistent with the provisions of W.S. 18-5-301 through W.S. 18-5-315. CONDITIONS OF APPROVAL: 1. 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 (WDEQ), Army Corps of Engineers, Bureau of Land Management (BLM), and/or Environmental Protection Agency (EPA). 2. The developer shall enter into a Development Agreement with the County. The Development Agreement shall be signed by all parties and filed with the Lincoln County Clerk’s Office no later than 60 days after approval of the Preliminary Plat or the application and approval shall be voided. Lots are not buildable until the Final Plat is recorded for each lot. 3. The developer shall obtain a review by the United States Postal Service (USPS) for mail delivery. The developer may need a plan for Cluster Box Units and an agreement with USPS. The agreement may include turnout, installation placement, and snow removal. Cluster Box Units shall be placed outside of the County Right-of-Way. 4. The Final Plat shall have: a. Easements of not less than 10 feet in width for water, sewer, power, telephone, and other utility services along at least two lot lines within a lot. b. The following Dedication of Roads and Easements: The owners and proprietors have laid out and surveyed as Range View Estates Subdivision, and with the specific intent to do so, do hereby dedicate and convey to and for the public use forever, whether in the county or in a future municipality through annexation, the roads and road easements as are laid out and designated on this plat. They do also create perpetual easements for the installation and maintenance of utilities and for irrigation and drainage facilities as are laid out and designated on this plat. The undersigned hereby waives and releases all rights under and by virtue of the Homestead exemption laws of the State of Wyoming. Dedication of the road or roads on this plat in no way obligates the Lincoln County Commissioners to maintain such roads nor does it relieve the developer of the obligation to construct such road or roads according to the requirements of the Lincoln County Subdivision Regulations. 203 MS 25 PZC AGENCY CORRESPONDENCE: Lincoln County Weed & Pest Control District: Due to the snow during this time of year, we are unable to inspect the property. The subdivision representative will need to contact Lincoln County Weed & Pest in the spring of 2025. At that time, we will review a map of the proposed subdivision as well as schedule an appointment to go onsite to evaluate the noxious weeds in the area. The purpose of this visit is to ensure that a weed management plan be in place on the above mentioned property. At this time the subdivision can be approved and move forward through the process. Star Valley Conservation District: The Planning Office did not receive any comments from the Star Valley Conservation District. It has been more than 60 days. State Engineer’s Office: The water right search revealed that there are no water rights of record that attach to the subdivision lands that specifically are required to be addressed under Wyoming Statute 18- 5-36(a)(xi). UV241 UV236 £¤89 Afton 1110 01 1315 22 24 12 02 14 03 23 31 3206 08 05 19 18 0807 17 20 35 34 31N 119W 32N 118W 31N 118W 32N 119W ³±1 4 0 Wilford W a y D ar Wa y Bronco s La n e North Sprague Creek Drive HILLSTEAD,RICK H & ROSA Y HYDE,LEE MERRITT,JDELL O & CYNTHIA L MARBOE, CLAYTON J DARWAY, EARLJ TRUSTEE DARWAY, EARL J TRUSTEE GIBBONS, DWAYNE S& NANCY C EJD VENTURES,LLC KENNINGTON, BERNICELIVING TRUST KENNINGTON FAMILYTRUST HYDE, LEE R & NAUNIE DANCE, DUKEA & CARRIE HYDE, LEER & NAUNIEH ROCKER HORSE RANCH, LLC HYDE, ROGER& NAUNIE HYDE,LEE R & NAUNIEH MITCHELL,LACI HYDE, LEE R & NAUNIEH KENNINGTON, KADE D &NATAUSHA UPSWINGDEVELOPMENT,LLC WHITE, TOMI MINTON, SCOTT A& LISA A HYDE, LEE R& NAUNIEH HYDE, SHANAE MITCHELL, CASEY CLINES, VAL E & CONNIETRUSTEES CLINES, VALE & CONNIE TRUSTEES WELLS, SANDRATRUSTEE WELLS,WILDA ETAL WELLS,SANDRATRUSTEE JOHNSON, BRUCE C & EILENE H TRUSTEES JOHNSON, BRUCEC & EILENEH TRUSTEES WELLS, SANDRA TRUSTEE WELLS,SANDRA TRUSTEE KUYKENDALL, SHAUNA L ETAL STARCER,DEANNA L & JEFFERY A CRANNEY,RYAN D & MELISSA TRUSTEES CANNON, CALVINJR & KRISTINA KENNINGTON,DANIEL L & LORI A HEATH, RUSSELL L & KATHLEEN KENNINGTON, BERNICELIVING TRUST WHITE, TOMI HARMON,LOUISE C TRUSTEE DARWAY, EARL JTRUSTEEDARWAY, EARL JTRUSTEE DARWAY, EARL J TRUSTEE DARWAY, EARLJ TRUSTEE EJD VENTURES, LLC EJDVENTURES, LLC EJD VENTURES,LLC EJDVENTURES, LLC HYDE, LEE GARDNER, RICHARD G& DESIREE K KENNINGTON, LARRY M &JENNIFER M WHITE,STETSON L Maxar Minor Subdivision Application Projects US Highways WY Highways Township & Range Sections Municipalities Public Noticing File No. 203 MS 25 Range View Estates Upswing Development, LLC Prepared using available data Elizabeth Williams on 13 February 2025. Map is for informational purposes only and in no way represents an official survey of land. \JN1'f WEED & PEST CONr."" .. , co ..... 01..0 co\.'' -IN cooPERATION WITH THE _ 'Is-,.,,. , l~ WYOMING DEPARTMENT OF AGRICULTURE 'T/C'J" "' P.O. BOX 1117 AFTON, WYOMING 83110 (307) 885-(WEED) 9333 • (FAX) 307-886-5211 January 15, 2025 To whom it may concern, I have received the proposal for the Upswing Development, LLC c/o Jason Shumway- Minor Subdivision -within theNEl/4SEl/4 Section 15 T31N R119W NW1/4SW1/4 Section 14 T31N R119W, Lincoln County, Wyoming. Due to the snow during this time of year, we are unable to inspect the property. The subdivision representative will need to contact Lincoln County Weed & Pest in the spring of 2025. At that time, we will review a map of the proposed subdivision as well as schedule an appointment to go onsite to evaluate the noxious weeds in the area. The purpose of this visit is to ensure that a weed management plan be in place on the above- mentioned property. At this time the subdivision can be approved and move forward through the process. Lincoln County Weed & Pest furnishes herbicides for noxious weed control at a 40% cost share discount to the landowner. We also offer A TV sprayers and 25 gallon pickup sprayers for rent. Please know that all of my visits to the above property as well as any consultations are at no charge, so feel free to call me or stop by the office any time if you have any questions. Sincerely, ~r---- Jason Trauntvein Assistant Supervisor Lincoln County Weed & Pest Control 307-885-9333 (WEED) State Engineer’s Office HERSCHLER BUILDING, 2 WEST CHEYENNE, WYOMING 82002 (307) 777-6150 MARK GORDON GOVERNOR BRANDON GEBHART, P.E. STATE ENGINEER March 10, 2025 Lincoln County Planning Office 421 Jefferson Street Afton, WY 83110 Attn: Elizabeth Williams planning@lincolncountywy.gov RE: Range View Estates, 203 MS 25 Dear Ms Williams: The State Engineer’s Office/Ground Water Division received application material related to the proposed Range View Estates Minor Subdivision from the Lincoln Planning Office requesting information and advice. The proposed subdivision is to be located in the NESE of Section 15, T31N, R119W, Lincoln County, Wyoming. This proposal involves subdividing approximately 26.95 acres into 5 residential lots of approximately 5.39 acres each. 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: The water right search revealed that there are no water rights of record that attach to the subdivision lands that specifically are required to be addressed under Wyoming Statute 18-5-36(a)(xi). Additional Comments: 1. An approved permit from the State Engineer’s Office is required prior to the drilling of any water well. The procurement of the necessary and appropriate State Engineer water right 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. 2. 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. Surface Water Ground Water Board of Control (307) 777-6475 (307) 777-6163 (307) 777-6178 1 3. 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. 4. Any well not to be used must be properly plugged and abandoned as outlined in the above referenced rules and regulations. 5. Any wells developed for uses that do NOT fall within the definition of domestic or stock use require adjudication by the Board of Control. In all correspondence regarding this application, please reference “State Engineer Subdivision Review Number 2025-5-12”. 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: Ryan Cox, 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 8 2 Range View Estates 203 MS 25 203 MS 25 Page 1 of 10 DEVELOPMENT AGREEMENT FOR RANGE VIEW ESTATES FILE NO. 203 MS 25 THIS AGREEMENT is made and entered into as of the ____ day of ______________, 2025 by and between Lincoln County, Wyoming, hereinafter referred to as “County”, whose address is 925 Sage Ave Suite 301, Kemmerer, Wyoming, 83101 and Upswing Development, LLC hereinafter referred to as “OWNER/DEVELOPER,” whose address is P.O. Box 1590, Afton, WY 83101. WHEREAS, it is the intent and purpose of the OWNER/DEVELOPER to meet the conditions of approval for File No. 203 MS 25 Range View Estates to subdivide approximately 26.95 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 Grover Meadows 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. 203 MS 25 Range View Estates 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 Upswing Development, LLC whose address is P.O. Box 1590, Afton, WY 83110 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 26.95 +/- acres of a certain parcel(s) of Property located in Lincoln County, Wyoming, as described in Exhibit A. 203 MS 25 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 an approved subdivision road with a minimum 26’ roadway width and 70’ radius cul-de-sac. The subdivision roads 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. ● Meet subdivision fencing laws per Wyoming Statute 18-5-319. ● Purchase private road name signs and stop signs through Lincoln County, Wyoming Planning and Development Office. ● Install road and stop signs after completion of improvements and prior to final subdivision approval (see Lincoln County Land Use Regulations 6.18). 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 Preliminary Plat and improvements as outlined in this Development Agreement, a Final Plat shall be signed and recorded. 203 MS 25 Page 3 of 10 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 may be required to 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. 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 203 MS 25 Page 4 of 10 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 Kemmerer, WY 83101 203 MS 25 Page 5 of 10 Notices to the OWNER/DEVELOPER shall be addressed to, or delivered at, the following address: Upswing Development, LLC P.O. Box1590 Afton, WY 83110 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 record of the Property or the owner’s authorized representative, (2) that it has the right, power, 203 MS 25 Page 6 of 10 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 203 MS 25 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 203 MS 25 Page 8 of 10 OWNER/DEVELOPER ________________________________ Date: ______________________ Upswing Development, LLC STATE OF WYOMING ) ) ss COUNTY OF LINCOLN ) The foregoing instrument was acknowledged before me by Upswing Development, LLC, this ____ day of ______________ 2025. Witness my hand and official seal. (SEAL) _____________________________________ Notary Public My Commission expires: ________________ 203 MS 25 Page 9 of 10 EXHIBIT A DESCRIPTION OF PROPERTY Range View Estates 26.95 +/- acres within Section 15, Township 31 North, Range 119 West, in Lincoln County, Wyoming. 203 MS 25 Page 10 of 10 EXHIBIT B APPROVED PRELIMINARY PLAT See Attached