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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6. Public Utility Easements. Each Developer and/or District shall dedicate, by plat or by separate instrument, all necessary easements for the operation and maintenance of the Improvements to the City. V. INTERIM WASTEWATER SERVICE 1. Temporary WWTP & Fleming Farms Discharge Permit. (a) Within thirty (30) days of the Effective Date, the City and Jones (acting for Regal, LLC) shall commence using all due diligence to pursue completion of the following tasks in the following order with respect to the Fleming Farms Discharge Permit. The City and Jones acknowledge that the timing of the (i) dismissal of the appeal, (ii) procuring a survey for the Fleming Farms Plant Easement (herein defined), and (iii) causing the Commission to approve the assignment of the Fleming Farms Discharge Permit to the City will be partially dependent on the actions of third-parties and agree not to hold each other in default so long as both the City and Jones are working diligently to accomplish these tasks. (i) The City shall dismiss with prejudice, its protests, hearing requests, or appeals with the Commission, the State Office of Administrative Hearings ("SOAH"), or the Travis County District Courts concerning the Fleming Farms Discharge Permit; (ii) Jones shall grant a temporary easement to the City on the Fleming Farms Tract in the location where the wastewater plant was planned to be constructed (the "Fleming Farms Plant Easement") for the purposes of the City to pursue amendment(s) to the Fleming Farms Discharge Permit, such Fleming Farms Plant Easement to expire on its own terms at the earlier of (a) a City Major Default under this Agreement, or (b) the City being issued the amendment to the Fleming Farms Discharge Permit; and, (iii) Jones shall cause Regal, LLC to assign to the City the Fleming Farms Discharge Permit and to provide whatever documentation is required by the Commission to effectuate such assignment. (b) The City agrees that the Fleming Farms Discharge Permit shall be amended, as set forth herein, and assumes the obligation at its sole cost to pursue the approval of such amendment until the earlier of (i) the Commission issues the amended Fleming Farms Discharge Permit or (ii) a Major Default by the City under this Agreement. Following approval of the amended Fleming Farms Discharge Permit, the City agrees to use the amended Fleming Farms Discharge Permit to provide Wastewater Services to the Customers until the Regional Wastewater Services & Facilities Cost Sharing Agreement Res. 2024-78R Page 15 of 47