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Res 2025-056 approving 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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Res 2025-056 approving 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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5/21/2025 1:41:20 PM
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5/16/2025 4:07:53 PM
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City Clerk - Document
Resolutions
City Clerk - Type
Amendment
Number
2025-056
Date
4/1/2025
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AMENDMENT TERMS AND CONDITIONS <br /> NOW,THEREFORE,in consideration of the mutual covenants, obligations,and benefits <br /> hereunder, the Parties agree the Original Agreement shall be amended as set forth in this <br /> Amendment No. 1, including the following: <br /> 1. The facts and recitations contained in the Recitals set forth above are found and <br /> declared to be true and correct and are incorporated into this Amendment. <br /> 2. The first paragraph of the Original Agreement shall be amended to add, BBI <br /> COTTONWOOD 2012 LP ("Cottonwood"), Qualico Developments (U.S.), INC. <br /> ("Mason"), and Mulberry Meadows Development Company, LLC ("Mulberry") <br /> as parties (collectively referred to herein as "the New Developers"). <br /> 3. In the event the New Developers form Municipal Utility Districts, those Districts <br /> shall join in, and be bound by, the Original Agreement and this Amendment by <br /> executing a Joinder as described in the second paragraph of the Original <br /> Agreement. <br /> 4. The third paragraph of the Original Agreement shall be amended to add the New <br /> Developers as entities referred to as "Developers". <br /> 5. The fourth paragraph of the Original Agreement shall be amended to include any <br /> Municipal Utility Districts formed by the New Developers as those referred to as <br /> "District" or"Districts" throughout the Original Agreement. <br /> 6. The fifth paragraph of the Original Agreement shall be amended to include the <br /> New Developers as entities referred to individually as "Party" and collectively as <br /> "Parties" throughout the Original Agreement. <br /> 7. Exhibit B to the Original Agreement is hereby amended as attached to include the <br /> New Developer Tracts and Districts. <br /> 8. Exhibit D to the Original Agreement is hereby amended as attached to include the <br /> New Developer Tracts and Districts. <br /> 9. Exhibit E to the Original Agreement is hereby amended as attached to include the <br /> New Developer Tracts and Districts. <br /> 10. Exhibit F to the Original Agreement is hereby amended as attached to include the <br /> New Developer Tracts and Districts. <br /> Amendment No. 1 - Regional Wastewater Services & Facilities Cost Sharing Agreement Res. 2025-56R <br /> Page 2 of 71 <br />
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