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

Home Browse Search

9. "Facilities" shall mean collectively all facilities, including without limitation the Wastewater Collection System, the Interim Plant (if constructed by the City, at the City's sole election), the Plant, the Main Lift Station, the Improvements, and any components or parts thereof and other appurtenances constructed by the Developers, the Districts and/or the City, all of which shall be owned by the City and utilized for the provision of Wastewater Services to Customers pursuant to this Agreement and additional lands within or outside the City's existing service area. 10. "Fleming Easements" shall mean: (i) if necessary, a non-exclusive 20-foot-wide wastewater line easement to be granted by JLBC to the City of a form and content and in a location in, to, under, and across a portion of the Sedona South Tract reasonably acceptable to JLBC and consistent with JLBC's plan for development of the Sedona South Tract and within which portions of the Wastewater Collection System connecting the Fleming Farms Tract (as hereinafter defined) to the Main Lift Station may be located and (ii) if necessary, a 40-foot-wide temporary construction easement to be granted by JLBC to Jones of a form and content reasonably acceptable to JLBC and adjacent to and overlapping the easement described in item (i) above to facilitate Jones's construction and installation of the portions of the Wastewater Collection System described in item (i) above. 11. "Fleming Farms Tract" shall mean that certain approximately 65 acres of land owned by Jones in his individual capacity, shown more particularly on Exhibit B, attached hereto. 12. "Fleming Farms Discharge Permit" shall mean Texas Pollutant Discharge Elimination System (TPDES) Permit No.WQ0015817001,the application for which was submitted by Regal, LLC and has been approved by the Commission. Any amendments to the Fleming Farms Discharge Permit as referenced in this Agreement include such minor or major amendments to plant location, sizing, discharge location, and volume of discharge capacity, as necessary, to enable the City to provide Wastewater Services to Customers temporarily to serve the Tracts and the Districts consistent with each Tract's and District's contemplated Wastewater Services requirements and the terms of this Agreement until the Plant is operational, or to allow the Developers and/or the Districts to use the Fleming Farms Discharge Permit in the event of a default as described in Article VI. 13. "Guadalupe County Municipal Utility District No. 9" or"GC MUD 9" shall mean a conservation and reclamation district and body politic and governmental agency of the State of Texas, and currently includes a portion of the Rattler Tract within its boundaries. Regional Wastewater Services & Facilities Cost Sharing Agreement Res. 2024-78R Page 4 of 47