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

Home Browse Search

11. Except as otherwise expressly provided for herein the Original Agreement shall remain in full force and effect. Sections and Articles of the Original Agreement not modified herein shall remain unchanged. 12. The New Developers agree to participate in the costs of the construction of the Regional Wastewater Treatment Plant and other obligations under the terms of the Original Agreement as if they were one of the Original Developers with the modifications to the Original Agreement contained herein. ARTICLE I DEFINITIONS The definitions in the Original Agreement shall remain unchanged except the definitions shall be added or modified as indicated in this Amendment No. 1. The following definitions shall be added: 1. "Cottonwood Municipal Utility District" or "Cottonwood MUD" shall mean a proposed conservation and reclamation district and body politic and governmental agency of the State of Texas that is anticipated to include the Cottonwood Tract within its boundaries. 2. "Cottonwood Easement" shall mean: (i) one (1) non-exclusive 30-foot wide water line and wastewater line/ force main/ lift-station easements to be granted by JLBC to the City, of a form and content and in a location in, to, under, and across a portion of the Sedona South Tract reasonably acceptable to JLBC and consistent with JLBC's and Cottonwood's plans for development of the Sedona South Tract and the Cottonwood Tract and within which portions of the Wastewater Collection System connecting the Cottonwood Tract to the Main Lift Station may be located; and (ii) one (1) 40-foot wide temporary construction easement to be granted by JLBC to Cottonwood and/or its successor MUD,of a form and content reasonably acceptable to JLBC and adjacent to and overlapping the easement described in item (i) above to facilitate Cottonwood's construction and installation of the portions of the Wastewater Collection System described in item (i) above. 3. "Cottonwood Tract" shall mean that 70.5 acres of land owned by BBI COTTONWOOD 2021 LP shown more particularly on Exhibit B, attached hereto. 4. "Mason Municipal Utility District" or "Mason MUD" shall mean a proposed conservation and reclamation district and body politic and governmental agency of the State of Texas that is anticipated to include the Mason Tract within its boundaries. Amendment No. 1- Regional Wastewater Services& Facilities Cost Sharing Agreement Res. 2025-56R Page 3 of 71