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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connected to the Facilities, except for new account charges or deposits that are standard for retail Wastewater utility service customers of the City. 22. "MGD" shall mean 1,000,000 gallons per day average daily flow. 23. "Main Lift Station" shall mean the wastewater collection facility or lift station on the Plant Site identified on Exhibit C, attached hereto, capable of receiving all Wastewater generated by and received from the Customers in accordance with the Absorption Schedule, in addition to any other City connections from areas outside of the Tracts and the Districts. 24. "Payment Schedule" shall mean the payment schedule, attached hereto as Exhibit E,which provides the annual amounts of LUE Fees the Developers shall pay to the City, which payments may be made on behalf of the Districts, and upon the payment of which the City shall reserve and allocate corresponding capacity within the Facilities to serve the Customers within each Developer's respective Tract. 25. "Proportionate Share" shall mean each Developer's share, calculated as a fractional share based on the Developer's anticipated reserved and allocated number of LUEs shown on the Absorption Schedule, divided by the total number of LUEs reserved and allocated to all of the Tracts and Districts in the Absorption Schedule, and shown below: Tract LUEs = Proportionate Share Total LUEs 26. "Rattler Discharge Permit" shall mean Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0016049001, the application for which was submitted by Rattler Ridge, LLC and is still pending issuance by the Commission. 27. "Rattler Easements" shall mean: (i) if necessary, a non-exclusive 20-foot-wide wastewater line easement(s) to be granted by JLBC and Jones to the City of a form and content and in a location in, to, under, and across a portion of the Sedona South Tract and a portion of the Fleming Farms Tract reasonably acceptable to JLBC and Jones and consistent with JLBC's and Jones' respective plans for development of the Sedona South Tract and the Fleming Tract and within which portions of the Wastewater Collection System connecting the Rattler Tract to the Main Lift Station may be located and (ii) if necessary, a 40-foot-wide temporary construction easement(s) to be granted by JLBC and Jones to Rattler, and/or GC MUD 9 of a form and content reasonably acceptable to JLBC and Jones and adjacent to and overlapping the easement described in item (i) above to facilitate Regional Wastewater Services & Facilities Cost Sharing Agreement Res. 2024-78R Page 6 of 47