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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c. Concurrent with submission of an application to the City for review,the developer shall indicate in writing which of the following shall be the technical reviewer of the application and plans: i. City staff,with permit and review fees paid to the City; ii. The City's contracted third-party firm (in which case the developer shall pay the City for the permit and contracted fee for the third-party review); or, iii. The Municipal Utility District's engineer, under a direct contract with the developer for payment of the engineer's review services (and the developer paying the City its standard permit fees). d. Once the application is complete and accepted for technical review, the reviewer then has thirty (30) days from the date the application is deemed complete to approve the application or to provide a response to the applicant that includes any technical comments or questions that must be resolved before the application will be approved. This shall repeat until all reviewer's questions and comments have been addressed by the developer engineers. 7. The initial wastewater service provision by the City shall now be no sooner than "March 1, 2026". In addition to the modification above, the following sections shall be added: 11. The City acknowledges and agrees that, as of the execution date of this Amendment, it has unreserved capacity for 166 LUEs in the City's existing Wastewater Collection System,including the City's existing wastewater treatment plant. As of the execution date of this Amendment, the City hereby allocates and reserves for the Customers within the Mulberry Tract a total of 166 LUEs of Wastewater Services in the City's existing Wastewater Collection System or such other Wastewater treatment facilities as the City may elect. Such 166 LUEs shall remain allocated and reserved so long as the City has not terminated this Agreement as to Mulberry for an uncured Major Default in accordance with Article VI. In exchange for Mulberry's payment of these 166 LUE Fees in accordance with the Payment Schedule attached hereto as Exhibit E, the City agrees to make available Wastewater Services to the Customers within the Mulberry Tract as the LUE Fees are paid. 12. The City shall provide Wastewater Treatment Services and meet other obligations to the New Developers under the same terms as those set forth in the Original Amendment No. 1- Regional Wastewater Services & Facilities Cost Sharing Agreement Res. 2025-009R Page 6 of 69