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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so that the City shall have rights to be on the Plant Site to conduct surveys and obtain soil samples until the Plant Site is conveyed to the City in fee simple in accordance with Article IV, Section 3 below. The City shall pay nothing for the aforementioned temporary right of entry or the Temporary Plant Site Easement. 3. Conveyance of Plant Site to City. Within ninety (90) days of the City obtaining a survey of the Plant Site, at its sole cost, and providing same to JLBC, JLBC shall grant and convey the Plant Site in fee simple to the City pursuant to one or more instruments containing a right of reversion exercisable by JLBC in the event the City is in Major Default (as herein defined) and fails to cure in accordance with Article VI of this Agreement. The instruments containing the right of reversion shall clearly reflect that the reversion is only triggered by a Major Default by the City under this Agreement and, prior to exercising its right of reversion in the event of a Major Default,JLBC agrees to provide the City with sixty (60) days prior written notice, during which period, if the City disputes a Major Default has occurred, the Parties shall negotiate in good faith a potential resolution of the disagreement regarding the occurrence of a Major Default. If the re-conveyance of the Plant Site conflicts with Article VI, Sections 1 - 4 in that the Plant Site should be re-conveyed to the District's Designee as opposed to JLBC, that Section shall control. Jones, Rattler, Highlander, and JLBC shall be responsible for their respective Proportionate Share for 20% of the Plant Site, valued at $2,500,000. Within thirty (30) days of the City obtaining the Discharge Permit, Jones, Rattler, and Highlander shall pay JLBC their Proportionate Share of such Plant Site land costs in the amounts set forth in Exhibit F. Following the conveyance of the Plant Site, the City may annex the Plant Site any time, provided, however, the City agrees to de-annex the Plant Site within thirty (30) days of request by JLBC if the City is in Major Default under this Agreement. 4. Fleming Easements and Rattler Easements. Within thirty (30) days of a request by Jones and/or Rattler, JLBC agrees to grant the Fleming Easements and Rattler Easements. Jones and Rattler shall pay nothing for the Fleming Easements and Rattler Easements, but shall bear their respective costs of surveys of the Fleming Easements and Rattler Easements,which shall be provided to JLBC for review and approval, which shall not be unreasonably withheld or delayed. 5. Highlander Easements. Within thirty (30) days of a request by Highlander, JLBC agrees to grant the Highlander Easements. Highlander shall pay nothing for the Highlander Easements, but shall bear the cost of a survey(s) of the Highlander Easements, which shall be provided to JLBC for review and approval,which shall not be unreasonably withheld or delayed. Regional Wastewater Services & Facilities Cost Sharing Agreement Res. 2024-78R Page 14 of 47