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" within thirty(30)days,thirty(30) days to commence the curative action and a reasonable additional period to diligently pursue the curative action to completion. b. Dispute Resolution. If any default is not cured within the curative period specified above, the Parties agree to use good faith, reasonable efforts to resolve any dispute among them by agreement, including engaging in mediation or other non-binding alternative dispute resolution methods, before initiating any lawsuit to enforce their respective rights under this Agreement. The Parties will share the costs of any mediation equally. c. Other Legal or Equitable Remedies. If the Parties are unable to resolve their dispute through mediation, a non-defaulting Party shall have the right to enforce the terms and provisions of this Agreement by a suit seeking specific performance or any other legal or equitable relief to which the non- defaulting Party may be entitled. Any remedy or relief described in this Agreement shall be cumulative of, and in addition to, any other remedies and relief available to such Party. d. Default Related to Regulatory Requirements. No Party shall be deemed to be in non-compliance with a Regulatory Requirement until the Party: (i) it has received written notice of non-compliance from either a Party or any federal, state or local agency or government; (ii) has failed to commence corrective measures within thirty (30) days of receipt of such notice from a Party or within the time frame specified in such notice from a federal, state or local agency or government; and (iii) fails to pursue completion of the corrective measures with commercially reasonable diligence. e. Default Related to Temporary Interruptions in Service. For the avoidance of doubt, the City shall not be in default as to any obligation to provide continuous and adequate service to the Developers arising from any temporary interruptions in service: (i) due to repair, maintenance or replacement of Facilities or parts of Facilities; (ii) due to system failures that are caused by design or construction defects, age, unexpected damage to the Facilities, weather events or natural phenomena, provided the City promptly pursues remedial measures to fix such system failures; or (iii) necessary to come into compliance with a Regulatory Requirement. VII. MISCELLANEOUS 1. Invalidity of LUE Fees. If the payment obligations for LUE Fees to be paid to the City pursuant to the Payment Schedule are determined to be void, illegal, or Regional Wastewater Services & Facilities Cost Sharing Agreement Res. 2024-78R Page 22 of 47