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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EXHIBIT 111" Station, except as otherwise provided in Section 5 below ("Offsite Improvements"). The final locations of the Offsite Improvements shall be determined by the Developers, except for those portions of the Facilities to be located within the Plant Site which shall be determined by the City. Each Developer is responsible for the acquisition of all necessary offsite easements to connect that Developer's Tract or District to the Main Lift Station. Provided, however, in the event a Developer demonstrates that it has been unable to acquire a necessary easement(s) after making reasonable offers, the City agrees to use its eminent domain powers to condemn and acquire the offsite easement(s) to allow for the Offsite Improvements to be installed. Each Developer shall reimburse the City for all related costs pertaining to acquiring such offsite easements necessary to serve such Developer's Tract. The Improvements shall be designed to the City Standards. The City will be provided access and may inspect the Improvements during construction to determine whether such Improvements meet the City Standards, in the City's sole discretion. Once the Improvements are completed, inspected, and determined to meet the City Standards, the Developers or Districts shall convey the Improvements to the City and the City shall accept the Improvements for ownership, maintenance, and operation in accordance with Regulatory Requirements. b. The Developers and Districts shall design and construct the Improvements necessary to connect to the then-existing Wastewater Collection System or the Main Lift Station in accordance with Regulatory Requirements and the City Standards. The City shall have no obligation to provide Wastewater Services to the Customers within a Developer's Tract or District until such time as such Developer or District has constructed the Improvements, in accordance with the Regulatory Requirements, necessary to connect to the City's system or the Main Lift Station in accordance with City Standards. If during its review of each Developer's plans for its Improvements the City determines that the Improvements to be constructed by such Developer should be oversized to accommodate the City's future needs to provide Wastewater Services to other customers within or outside the City's existing service area, the City, at its own cost and expense, shall pay the Developer or District such additional costs and expenses associated with oversizing such Improvements prior to such Developer's, or District's, commencement of construction of such Improvements. 5. City Review of Plans. Upon making a complete initial or updated submittal, the City's comments to Subdivision Construction Plans/Public Improvement Construction Plans ("PICPs")will be issued within thirty (30)business days. If the City fails to provide comments to such PICPs within said thirty (30)business days, such PICPs shall be deemed approved. If the Tract is located outside the City Regional Wastewater Services & Facilities Cost Sharing Agreement Res. 2024-78R Page 10 of 47