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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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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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5/21/2024 4:00:55 PM
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5/21/2024 3:54:45 PM
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City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2024-78
Date
5/7/2024
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Rattler's and/or GC MUD 9's construction and installation of the portions of the <br /> Wastewater Collection System described in item (i) above. <br /> 28. "Rattler Tract" shall mean that certain approximately 425 acres of land owned by <br /> Rattler, shown more particularly on Exhibit B, attached hereto. <br /> 29. "Regulatory Requirements" shall mean the requirements and provisions of any <br /> state or federal law, and any permits, rules, orders, or regulations issued or <br /> adopted from time to time by any regulatory authority, state, federal or other, <br /> having jurisdiction over the Tracts and the Districts and the provision of <br /> Wastewater Services to the Customers. <br /> 30. "Right of Entry Agreement" shall mean an agreement to be entered into by and <br /> between JLBC and the City that shall be entered into within thirty (30) days of the <br /> Effective Date for the purpose of allowing the City temporary non-exclusive access <br /> across the Sedona South Tract to the Plant Site at a location(s) to be mutually <br /> determined by JLBC and the City until (i) a permanent public right-of-way exists <br /> that permits the City access to the Plant Site and (ii) a public road has been <br /> constructed within such right-of-way, as well as temporary non-exclusive access <br /> to the Plant Site until either the "Temporary Plant Site Easement" (as defined <br /> herein) is granted or the Plant Site is conveyed to the City. <br /> 31. "Sedona South Municipal Utility District" or "Sedona South MUD" shall mean, <br /> whether one or two, at JLBC's sole election, proposed conservation and <br /> reclamation district(s) and body politic(s) and governmental agency(ies) of the <br /> State of Texas that is (are) anticipated to include the Sedona South Tract (or a <br /> portion thereof) within its (their) boundaries. <br /> 32. "Sedona South Tract" shall mean that certain approximately 645 acres of land <br /> owned by JLBC, shown more particularly on Exhibit B, attached hereto. <br /> 33. "Tract" or"Tracts" means singularly and collectively the Fleming Farms Tract, the <br /> Highlander Tract,the Rattler Tract and the Sedona South Tract,which land will be <br /> benefitted by the Facilities, as more particularly shown on Exhibit B, attached <br /> hereto. <br /> 34. "Wastewater" or "wastewater" shall mean liquid and water-carried sanitary <br /> sewage discharged from commercial or residential buildings connected to the <br /> Wastewater Collection System and all other sources while in the Wastewater <br /> Collection System, commonly known as inflow and infiltration. <br /> 35. "Wastewater Collection System" shall mean the Wastewater collection system <br /> owned or to be constructed or acquired by the City, including the Improvements <br /> Regional Wastewater Services & Facilities Cost Sharing Agreement Res. 2024-78R <br /> Page 7 of 47 <br />
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