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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3. "Bonds" shall mean any or all bonds, notes, certificates of obligation, or other obligations issued by the District or District(s) to finance the Facilities, or any portions thereof. 4. "CCN" shall mean Certificate of Convenience and Necessity,granted by the Public Utility Commission of Texas, which grants CCN holders the exclusive right to provide retail sewer utility service to a bounded certificated service area. 5. "City Standards" shall mean those design standards applicable to public wastewater facilities published and in effect as of the Effective Date, except as otherwise required by state or federal law or regulation, and as may be amended from time to time subject to the terms in this Section. Unless a change to the City Standards is required by state or federal law or regulation more frequently, the City Standards in effect on the Effective Date and on each fifth (51h) anniversary of the Effective Date hereafter shall control the design standards applicable to the Improvements. Upon each fifth (5th) anniversary of the Effective Date, the City shall notify the Developers and/or Districts of any changes in the City Standards applicable to the Improvements prior to the fifth (5th) anniversary and such amended standards shall take effect on the fifth(5th)anniversary date. In the event any change to the City Standards included in the notice from the City will increase the costs of the Improvements for the Developers and/or Districts in an amount exceeding 10% of the costs of the immediately prior effective City Standards, the Developers and/or Districts shall notify the City within thirty (30) days of their receipt of the notice from the City of any intent to challenge the application of the change to the Tracts on this basis that it is not reasonable, providing the City with written documentation demonstrating the cost differential and the basis for claiming the change is unreasonable. If the Developers and the City cannot agree on the reasonableness and justification for such change(s),the Parties shall attempt in good faith to reach a mutually agreeable resolution. 6. "Commission" or "TCEQ" means the Texas Commission on Environmental Quality or any successor agency with jurisdiction over the subject matter of this Agreement. 7. "Customers" shall mean the City's retail Wastewater Services customers located within the Tracts and the Districts. 8. "Discharge Permit" shall mean a final unappealable Texas Pollutant Discharge Elimination System Permit issued by the Commission to the City for the Plant, which shall initially be sufficient to treat up to 2.0 MGD of wastewater delivered from the Tracts and Districts. Regional Wastewater Services & Facilities Cost Sharing Agreement Res. 2024-78R Page 3 of 47