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DocuSign Envelope ID: F5C73C42-8DB04400-9F23-71E5885223CO <br />WHEREAS, Developer intends to develop within ten (10) years an area of <br />approximately 100 acres within the Development for at least 450 single family residential units, <br />as more particularly described on Exhibit E ("Residential Area"); <br />WHEREAS, the City will provide retail wastewater service to the Development and <br />retail water service to the area within the Development and Decertified Area other than the <br />Residential Area described on Exhibit E. <br />WHEREAS, the City believes that the resolution of the Litigation will have a positive <br />financial benefit to the City by enhancing the City's ability to receive additional property tax and <br />sales tax revenues; and <br />WHEREAS, the Parties have agreed to enter into this Settlement Agreement to resolve <br />the Litigation and end the uncertainty and expense of continued Iitigation. <br />NOW, THEREFORE, in consideration of Reimbursement, mutual covenants, and other <br />good and valuable consideration as set forth in this Settlement Agreement, and to resolve and <br />settle finally and fully the claims asserted in the Litigation with respect to the Decertified Area, <br />the Parties agree as follows: <br />H. SETTLEMENT TERMS <br />1. Maxwell to Serve Residential Area. <br />a. Subject to the terms and conditions set forth in this Settlement Agreement, <br />the Parties agree that Maxwell's CCN will be amended to include the Residential Area, in its <br />location as described on Exhibit E (the "CCN Amendment"). The location of the Residential <br />Area is as shown on Exhibit E. The Parties may by mutual consent, not to be unreasonably <br />withheld, conditioned or delayed, make adjustments to the precise boundaries of the Residential <br />Area prior to any application or submittal to the Public Utility. Commission for the CCN <br />Amendment provided that any additional costs that Maxwell may incur in order to provide <br />service to the Residential Area as a result of the adjustments will be paid by Developer and <br />provided that any such changes must be made before the date that is one hundred fifty (150) days <br />after the Effective Date or before any deadline imposed by the Public Utility Commission, <br />whichever date is earlier. The Parties will reasonably cooperate to take such further actions as are <br />necessary to accomplish this amendment, whether by remand of the Litigation so the Decertified <br />Area can be modified or through such other process as dictated or suggested by the regulatory <br />authority having jurisdiction over Maxwell's CCN and the Decertified Area. <br />b. Developer represents and warrants that it has prepared and is in the <br />process of updating and revising preliminary plans to develop the Residential Area, that it <br />initially estimated approximately that it would contain five hundred (500) single-family <br />residential units outside the 100 -year flood plain as determined by FEMA at the time of <br />construction, and that it intends to pursue such plans for development of the Residential Area. <br />However, Developer and Maxwell agree that Developer is continuing to design and engineer its <br />development plans for the Residential Area and, as a result may develop the Residential Area <br />2 <br />