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Home My WebLink About706 MA 25 Mountain Estates TH Ph 1 Staff Report v4 complete 706 MA 25 BCC APPLICANTS: Bucket List, LLC PROJECT NAME: Mountain Estates Townhomes Phase I COMMUNITY PLAN AREA: Star Valley Ranch ZONING: Mixed REPRESENTATIVE: Surveyor Scherbel, Ltd. PLANNER: Elizabeth Williams PARCEL ID: 3518-303-00-003 PROPOSAL: A Major Subdivision Phased Plat to subdivide 0.80 +/- acres into four townhome units in the Mixed Zone. This is a phase of the approved Master Plan for Mountain Estates. The subdivision road, Spy Glass Loop, accesses off of Muddy String County Road No. 117. The townhomes will obtain water from a Central Water System that meets Wyoming Department of Environmental Quality (DEQ) standards, and will have a Central Sewage Treatment System that meets DEQ standards. LOCATION: Adjacent to the Town of Star Valley Ranch, Wyoming in T35N, R118W, Section 30. ATTACHMENTS: 1. Subdivision Plat and Vicinity Map 2. Agency Correspondence and Public Correspondence 3. Development Agreement 4. Master Plan Plat and Master Plan Final Determination 5. 2018 Master Plan map with drainage depicted PLANNING STAFF RECOMMENDATION: Planning Staff recommends that the Board of County Commissioners APPROVE File # 706 MA 25, Mountain Estates Townhomes Phase I, with: • Findings of Approval A. thru C. • Conditions of Approval 1. thru 10. • A Recommendation for the Board of County Commissioners to sign the Development Agreement. LINCOLN COUNTY BOARD OF COUNTY COMMISSIONERS STAFF REPORT Phased Major Subdivision Preliminary Plat Application HEARING TIME AND DATE: 10:00 a.m., October 8, 2025 LOCATION: Lincoln County Courthouse, Commissioner Boardroom 3rd Floor, 925 Sage Ave., Kemmerer, Wyoming & Via Video Conference Afton Branch Office Building Conference Room, 421 Jefferson St., Afton, Wyoming FILE # 706 MA 25 706 MA 25 BCC 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. Compliance with agency requirements: The developers/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 developers shall move the proposed central well site so that the entire water well protection area is within the proposed subdivision, or have an easement for a wellhead protection site with the property owner to the north. 3. The developers shall provide fire hydrants with fire flows and spacing that meet requirements of Appendix N of the Lincoln County Land Use Regulations prior to Final Plat. 4. The developers will obtain a review by the United States Postal Service (USPS) for mail delivery. The developers 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. The CC&R or Road Maintenance agreement shall specify how USPS fees for Cluster Box Units shall be paid for, and how the boxes shall be cleared of snow. 5. Prior to Final Plat, the developers shall form a Special Improvement District to oversee the Central Water and Central Sewage, utilities, open space, roadways and recreational amenities. The developers shall provide as-built plans for the Central Water system prior to Final Plat. 6. The developers 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. 7. Driveways to Townhome lots and units shall be paved. 8. If the developers do not provide an engineered drainage plan with detention basins, the developers shall provide engineered plans for roads and submit as-built plans for the roads prior to Final Plat. If the developers provide an engineered drainage plan, they may submit road cross sections for at least every 500 feet and for any topography changes instead of an engineered road plan and as-built plans. 9. The developers shall provide a paved temporary cul-de-sac or a paved loop road prior to Final Plat for this subdivision. 10. The developers shall provide a 13’ x 60’ parent parking area on the northern end of Spy Glass Loop, on the north side of the road approaching Muddy String County Road 117. The parent 706 MA 25 BCC parking area shall not be located in the road right-of-way. Should the developers choose not to build the north end of Spy Glass Loop with this subdivision, the developers shall install a temporary 13’ x 60’ parent parking area on the southern end of Spy Glass Loop, on the north side of the road approaching Muddy String County Road 117. BACKGROUND: Mountain Estates Amended Master Plan, file # 109 MP 24, was approved by the Board of County Commissioners February 5, 2025. The following Conditions of Approval from the Master Plan are applicable for Mountain Estates Townhomes Phase I: Conditions of Approval 1, 4, 5, 8, 11, 12, and 13. These have been re-numbered and added to this Staff Report as Conditions of Approval 1-7. Condition 8 and 9 ensures adherence to the Land Use Regulations of Lincoln County, and Conditions 10-12 ensure safety during this phase of the Master Plan. WYDOT confirmed that the applicant has entered into an agreement with them to mitigate impacts determined by the Traffic Impact Study. AGENCY CORRESPONDENCE: WYOMING DEPARTMENT OF TRANSPORTATION (WYDOT): The developer has met all WYDOT requirements. Lincoln County School District #2: We have witnessed a significant decrease in the number of students who walk to the bus stop and an increase in the number of students who wait for the bus inside of a vehicle. Under current school district policies and procedures bus stops would be established at intersecting side roads with Muddy String. Both Spy Glass Loop intersections would be logical locations for bus stops. For these reasons we propose 13' x 60' pull outs at these intersections. We recommend that each be placed so that traffic approaching Muddy String can pull off on their right hand side to wait at a bus stop. STATE ENGINEER’S OFFICE (SEO): The State Engineer’s Office has reviewed the subdivision application and conducted a preliminary examination of the agency’s water rights database. Based on this review and W.S. 18-5-306, we have determined there are no existing water rights of record that attach to the subdivision lands. Given this, further action on the part of the subdivider or his agent in addressing Wyoming Statute 18-5-306 (a) (xi) is not required. PUBLIC COMMENT: Public Comment is attached. Star Valley Ranch 30 31 32 29 36 25 35N 118W35N 119W ³±116 ³±117Torr e y P i n e s D r i v eSpy Glass LoopStar Valley Ranch PUTT, RODNEY K & EVALINR TRUSTEES ROSE, GUY C & BETTY L COWAN, MICHAELS & SUSAN BROOKFIELD PACYGA, PATRICIA& ALANA CARPENTER KEENAN, DAVID P & KRISTEN R COHEN, MARCUS & JANE HODGE, THOMAS A & NANCYM TRUSTEES LEE, DALE GLEN TRUSTEE AOYAGI HOLDINGS, LLC AOYAGI HOLDINGS,LLC HODGE, THOMAS A & NANCYM TRUSTEES GARNER, KERRIE ETAL PUTT, RODNEY K & EVALIN R TRUSTEES BUCKLEY, JAMES R & VICTORIA A PODBORNY, MICHAEL J & DIANE D DUNN, RICKY H & LESLIE L HANSEN,KIM S TRUSTEE EVERTS, TIMOTHY L & DANIELLE L HOLT, JEFFERY W& CORI ALBERTS,L SCOTT & WENDY L AHRENS, MARY ANN TRUSTEE BUCKETLIST, LLC ZACELAB, LLC ZACELAB, LLC CK6 RANCH, LLC WHITE, GORDON C & DONNAS TRUSTEES STATE OF WYOMING Maxar, Microsoft Major Subdivision Phased Plat Application Roads Road_Type US Highways WY Highways Projects Public Noticing Township & Range Sections Municipalities File No. 706 MA 25 Mountain Estates Townhomes Phase I Bucket List, LLC Prepared using available data by Katie Gipson, on 5 September 2025. Map is for informational purposes only and in no way represents an official survey of land. Elizabeth Williams <elizabeth.williams@lincolncountywy.gov> Bucket List Cooperative Agreement Darin Kaufman <darin.kaufman@wyo.gov>Fri, Sep 26, 2025 at 1:02 PM To: Elizabeth Williams <elizabeth.williams@lincolncountywy.gov> Cc: Ken Kuluski <ken.kuluski@lincolncountywy.gov> Yes. The developer has met all WYDOT requirements. This project is anticipated to be constructed in FY28. 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 On Fri, Sep 26, 2025 at 12:45 PM Elizabeth Williams <elizabeth.williams@lincolncountywy.gov> wrote: Hi Darin, I have received Bucket List, LLC's signed Cooperative Agreement with WYDOT. It looks like the agreement covers all phases of the development. So just to clarify, they do not need to come back for additional agreements for any future development within their Master Plan and they have met all your requirements? Thanks, Liz Elizabeth Williams Planner II Lincoln County Planning Office (307) 877-2100 elizabeth.williams@lincolncountywy.gov 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. Elizabeth Williams <elizabeth.williams@lincolncountywy.gov> Public Notice for 706 MA 25 Mountain Estates Townhomes Phase I Katie Gipson <katie.gipson@lincolncountywy.gov>Tue, Sep 23, 2025 at 9:02 AM To: Elizabeth Williams <elizabeth.williams@lincolncountywy.gov> ---------- Forwarded message --------- From: Ryan Lyman <rylyman@lcsd2.org> Date: Mon, Sep 22, 2025 at 7:43 AM Subject: Re: Public Notice for 706 MA 25 Mountain Estates Townhomes Phase I To: Katie Gipson <katie.gipson@lincolncountywy.gov> Hi Katie, To whom it may concern: We have witnessed a significant decrease in the number of students who walk to the bus stop and an increase in the number of students who wait for the bus inside of a vehicle. Under current school district policies and procedures bus stops would be established at intersecting side roads with Muddy String. Both Spy Glass Loop intersections would be logical locations for bus stops. For these reasons we propose 13' x 60' pull outs at these intersections. We recommend that each be placed so that traffic approaching Muddy String can pull off on their right hand side to wait at a bus stop. Thank you for your consideration of these school bus stop safety measures. Ryan Lyman Director of Transportation Lincoln County School District #2 307.885.7118 (office) Transportation Department 307.884.6677 (mobile) 222 E. 4th Ave. (mailing) rylyman@lcsd2.org 596 Warrior Way (shipping) Afton, WY 83110 [Quoted text hidden] 9-24-2025 Phone Conversation with Ryan Lyman, Director of Transportation for Lincoln County School District #2. I called Ryan regarding his email of 9-23-2025 where he requested two parent pull outs, one on the north and one on the south ends of Spy Glass Loop where the roads connect to Muddy String. He clarified in the phone conversation that he requests one pull out for that size of subdivision and to follow the original Condition of Approval from the Master Plan. Elizabeth Williams <elizabeth.williams@lincolncountywy.gov> Dirk Izatt Mary Ann Ahrens <rens355@silverstar.com>Mon, Sep 22, 2025 at 4:00 PM To: elizabeth.williams@lincolncountywy.gov I am adjacent to Dirk Izatt property mountain Estates on Muddystring road. He has told you that I am in agreement on where he put his pump house which takes up part of my property. I have not agreed, nor will I agree to give him permission to use my property. Thank you Mary Ann Ahrens. 4986 Muddystring Road Thayne, Wy 83127 307-871-1975 Sent from my iPhone 706 MA 25 Page 1 of 12 DEVELOPMENT AGREEMENT MOUNTAIN ESTATES TOWNHOMES PHASE I SUBDIVISION FILE NO. 706 MA 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 Bucket List, LLC hereinafter referred to as “OWNER/DEVELOPER”, whose address is 15 Cedar Creek Road, Freedom, WY 83120. WHEREAS, it is the intent and purpose of the OWNER/DEVELOPER to meet the conditions of approval for File No. 706 MA 25 Mountain Estates Townhomes Phase I to subdivide approximately 0.80 +/- acres into 4 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 Mountain Estates Townhomes Phase I; 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. 706 MA 25 Mountain Estates Townhomes Phase I 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 Bucket List, LLC whose address is 15 Cedar Creek Road, Freedom, WY 83120 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 0.80 +/- acres of a certain parcel(s) of Property located in Lincoln County, Wyoming, as described in Exhibit A. 706 MA 25 Page 2 of 12 Section 2. Planned Improvements. The OWNER/DEVELOPER shall, at its sole cost and expense, properly install and complete the following required improvements: 1. Construct paved driveways to the Townhome lots and units. 2. Build a paved temporary cul-de-sac or a paved loop road. 3. Provide fire hydrants with fire flows and spacing that meet requirements of Appendix N of the Lincoln County Land Use Regulations. 4. Move the proposed central well site so that the entire water well protection area is within the proposed subdivision, or have an easement for a wellhead protection site with the property owner to the north. 5. Install electrical power and communication lines to each identified lot. 6. Surveyor’s lot monuments as set forth in the Preliminary Plat attached hereto as Exhibit B. 7. Provide weed management plan and verification that disturbed areas have been reseeded to avoid weed infestation and erosion. 8. Purchase private road name signs, yield or stop signs through Lincoln County, Wyoming Planning and Development Office. 9. Install road signs after completion of improvements and prior to final subdivision approval (see Lincoln County Land Use Regulations 6.18). 10. Meet subdivision fencing laws per Wyoming Statute 18-5-319. 11. Provide a 13’ x 60’ parent parking area on the northern end of Spy Glass Loop, on the north side of the road approaching Muddy String County Road 117. The parent parking area shall not be located in the road right-of-way. Should developer choose not to build the north end of Spy Glass Loop with this subdivision, the developer shall install a temporary 13’ x 60’ parent parking area on the southern end of Spy Glass Loop, on the north side of the road approaching Muddy String County Road 117. 12. 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. 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. 706 MA 25 Page 3 of 12 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 SUBDIVISION 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 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 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 706 MA 25 Page 4 of 12 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 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, Central Water and Central Sewer. OWNER/DEVELOPER hereby agrees that they will create a binding document Special Improvement District that at a minimum: a) Provide an entity for ongoing maintenance, testing and compliance of the Central Water and Central Sewage systems. b) Provide and entity for ongoing maintenance of shared utilities, Open Space, and recreational amenities. c) Provide an entity for ongoing road maintenance including the collection of road maintenance fees; d) Provide an entity for ongoing snow removal including the collection of snow removal fees; e) Ensure Central Water systems, Central Sewage systems, shared utilities, Open Space, recreational amenities, road maintenance and snow removal are maintained indefinitely. f) The Special Improvement District document must be filed at the time of final plat filing, and bind all current and future owners to the agreement. 706 MA 25 Page 5 of 12 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 Notices to the OWNER/DEVELOPER shall be addressed to, or delivered at, the following addresses: Bucket List, LLC 15 Cedar Creek Road Freedom, WY 83120 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. 706 MA 25 Page 6 of 12 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, 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 706 MA 25 Page 7 of 12 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 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. 706 MA 25 Page 8 of 12 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 706 MA 25 Page 9 of 12 OWNER/DEVELOPER ________________________________ Date: ______________________ Rigo Chaparro, Member of Bucket List, LLC, a limited liability company. STATE OF ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me by, ______________________, member of Bucket List, LLC, a limited liability company this ____ day of ______________ 2025. Witness my hand and official seal. (SEAL) _____________________________________ Notary Public My Commission expires: ________________ 706 MA 25 Page 10 of 12 OWNER/DEVELOPER ________________________________ Date: ______________________ Derk Izatt, Member of Bucket List, LLC, a limited liability company. STATE OF ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me by, __________________________, member of Bucket List, LLC, a limited liability company this ____day of ______________ 2025. Witness my hand and official seal. (SEAL) _____________________________________ Notary Public My Commission expires: ________________ 706 MA 25 Page 11 of 12 EXHIBIT A DESCRIPTION OF PROPERTY Mountain Estates Townhomes Phase I 0.80 +/- acres within Section 30, Township 35 North, Range 118 West, in Lincoln County, Wyoming. 706 MA 25 Page 12 of 12 EXHIBIT B APPROVED PRELIMINARY PLAT See Attached