Res 2024-078 approving an agreement with Clint Jones, owner of Fleming Farms, Highlander S M Two, Rattler Ridge, LP., and JLBC 710 Investments, LLC, owner of Sedona South, to provide for the sharing of costs for the construction

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limits and ETJ, no additional permits beyond PICPs and any permits/inspections necessary for residential or commercial wastewater service connections shall be required. 6. Initial Wastewater Services to Sedona South. The City acknowledges and agrees that, as of the Effective Date, it has unreserved capacity for 750 LUEs in the City's existing Wastewater Collection System, including the City's existing wastewater treatment plant. As of the Effective Date, the City hereby allocates and reserves for the Customers within the Sedona South Tract and Sedona South MUD a total of 750 LUEs of Wastewater Services in the City's existing Wastewater Collection System or such other Wastewater treatment facilities as the City may elect, reflected as the initial 750 LUEs of Wastewater Services available to the Sedona South Tract in the Absorption Schedule attached hereto as Exhibit D (the "Sedona Initial Wastewater Services Commitment"). Such 750 LUEs shall remain allocated and reserved so long as the City has not terminated this Agreement as to JLBC for an uncured Major Default in accordance with Article VI. In exchange for JLBC's payment of the initial 750 LUE Fees for the Sedona South Tract in accordance with the Payment Schedule attached hereto as Exhibit E, the City agrees to make available Wastewater Services to the Customers within the Sedona South Tract (the "Sedona Initial Wastewater Services") as the LUE Fees are paid. The Sedona Initial Wastewater Services shall be the first Wastewater Services paid for and used for the Sedona South Customers. Notwithstanding any contrary provision of this Agreement,the Sedona Initial Wastewater Services Commitment shall survive any termination of this Agreement, in whole or in part, by any Party—other than the City's termination of this Agreement as to JLBC for an uncured Major Default in accordance with Article VI— until such time as JLBC is obligated to pay all of the initial 750 LUE Fees for the Sedona South Tract pursuant to the Payment Schedule. Furthermore, even if there is a termination of this Agreement, in whole or in part, by any Party, so long as the City has not terminated this Agreement as to JLBC for an uncured Major Default in accordance with Article IV, JLBC shall be provided the opportunity and the time allotted under the Payment Schedule within which to timely pay the LUE Fees for those 750 LUEs; and, upon payment of the applicable LUE Fees for the Sedona Initial Wastewater Services, JLBC shall have until the first business day in February 2033 to utilize those LUEs that have been acquired, and the City shall provide the Sedona Initial Wastewater Services at the Out-of-City Rates(defined below). The connection point to which JLBC will install the Improvements necessary to receive the Sedona Initial Wastewater Services is generally shown on Exhibit H, attached hereto. 7. Total Capacity Reserved. In exchange for the payment of LUE Fees and construction and conveyance of the Improvements, the City agrees to provide 6,248 LUEs of Wastewater Services to the Customers and allocate and reserve to the Tracts and the Districts a total of 6,248 LUEs of Wastewater treatment capacity Regional Wastewater Services & Facilities Cost Sharing Agreement Res. 2024-78R Page 11 of 47