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" limits or ETJ as a condition to receive Wastewater Services for its respective Tract(s). III. PAYMENT 1. LUE Fees. The LUE Fees shall be paid to the City annually in two equal installments in accordance with the Payment Schedule attached hereto as Exhibit E. One-half of the annual LUE Fees is due on the first business day in February and the other one-half of the annual LUE Fees is due on the first business day in August in each calendar year ("Payment Dates"). Certain of the annual installments of LUE Fee payments commence on February 3, 2025. 2. District Pam. The Developers,on behalf of the Districts,will pay the LUE Fees to the City in accordance with the Payment Schedule unless the District makes the payment to the City. A District payment to the City of a designated Tract's LUE Fees in accordance with the Payment Schedule shall be considered a payment by that Tract's Developer for the purposes of this Agreement. If any Developer fails to pay its LUE Fees by one of the Payment Dates, such failure shall constitute a default under this Agreement and the default provisions and remedies set forth in Article VI, Section 5 shall apply. IV. EASEMENTS AND CONVEYANCE OF PLANT SITE 1. Right of EntryAgreement. Within thirty (30) days of the Effective Date, JLBC and the City shall enter into a Right of Entry Agreement for the purpose of allowing the City temporary non-exclusive access across the Sedona South Tract to the Plant Site at a location(s) to be mutually determined by JLBC and the City, and such access to continue until (i) a permanent public right-of-way exists that permits the City access to the Plant Site and (ii) a public road has been constructed within such right-of-way. The City shall pay nothing for this Right of Entry Agreement. 2. Temporary Plant Site Easement. Within the same Right of Entry Agreement referenced in Section 1,JLBC shall also provide temporary non-exclusive access to the City over the Plant Site while a survey (with associated metes and bounds description) of the Plant Site is obtained so that the City shall have rights to access the Plant Site to conduct surveys and obtain soil samples. The City shall procure and pay for the costs of the survey of the Plant Site; provided, however, that if the City fails to obtain and provide such survey to the other Parties within forty-five (45) days after the effective date of the Right of Entry Agreement, JLBC may, at its sole election and expense, obtain such survey. Once the survey of the Plant Site is obtained, JLBC shall grant the City a "Temporary Plant Site Easement" in a form and content reasonably acceptable to JLBC in, to, under and across the Plant Site Regional Wastewater Services & Facilities Cost Sharing Agreement Res. 2024-78R Page 13 of 47