Res 2025-009approving an amendment to the 2024 Regional Wastewater Treatment Cost Sharing Agreement to add Cottonwood Phase 4, Mulberry Meadows, and Mason Developments to the agreement and to modify certain terms of the original agreement

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EXHIBIT 111" Tracts (as hereinafter defined) and the Districts as generally shown in Exhibit B, and additional lands within or outside the City's existing service area; and, WHEREAS,the City is willing to be the coordinating entity to provide Wastewater Services by owning, operating, and maintaining the Wastewater Collection System (as hereinafter defined) and the Wastewater Treatment Plant, together with whatever additional facilities may be reasonably necessary to serve Customers within the Districts and the Tracts; and, WHEREAS, the Developers and the City have agreed to share in the costs of construction of the Facilities (as hereinafter defined), which includes the Wastewater Collection System, the Wastewater Treatment Plant, and any other necessary facilities, and which cost-sharing the Developers may fund on behalf of the Districts; and, WHEREAS, the Parties desire to set forth their respective obligations to share in the costs of the Main Lift Station, the Wastewater Treatment Plant, and any other necessary Facilities (excluding the Improvements, as hereinafter defined); to set forth the City's obligations for financing, permitting, and constructing the Wastewater Treatment Plant; to provide for the terms of the City's provision of interim and permanent Wastewater Services to Customers within the Tracts and the Districts; to set forth the Developers' obligations for conveying certain property and easements,making payments to the City, permitting, designing, and constructing the Improvements, and amending and assigning certain TPDES Discharge Permits; to set forth the self-help remedies if the City elects not to permit, design, or construct the Main Lift Station, the Wastewater Treatment Plant, and any other necessary Facilities (excluding the Improvements, as hereinafter defined) to provide permanent Wastewater Services in a timely fashion; and to set forth the remedies if one or more of the Parties defaults. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual promises, covenants, obligations, and benefits in this Agreement,including the above recitals,the Parties agree as follows: I. DEFINITIONS 1. "Agreement" shall mean this Agreement, including any amendments hereto, between the Parties. 2. "Absorption Schedule" shall mean the LUEs reserved for and allocated to each Tract and District on an annual basis, which is attached hereto as Exhibit D. Regional Wastewater Services & Facilities Cost Sharing Agreement Res. 2024-78R Page 2 of 47