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" 13. Severability. The provisions of this Agreement are severable and, if any provision or part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such provision or part of this Agreement to other persons or circumstances shall not be affected thereby except as otherwise stated in this Agreement. 14. Developers'/Districts' Cooperation. The Developers and Districts agree to fully cooperate with each other and to grant all necessary easements to the other Developers/Districts (of a form and content reasonably acceptable to the grantor, Developer, or District and consistent with the Developer's plan for development of the applicable Tract), share proportionately in shared facilities and costs, and to collectively and jointly take whatever actions are necessary in order for each Developer's Tract or District to obtain the requisite Wastewater Services for the Customers within the respective Tracts and Districts. 15. Cooperation; Approvals. Each Party agrees to execute such further documents or instruments as may be necessary to evidence its agreements hereunder. In the event of any third-party lawsuit or other claim relating to the validity of this Agreement or any actions taken hereunder, the Parties agree to cooperate in the defense of such suit or claim, and to use their respective best efforts to resolve the suit or claim without diminution in their respective rights and obligations under this Agreement. Whenever the term "approve' or "approval" is used in this Agreement,the Party whose approval is required will not unreasonably withhold, deny, or delay it. Where approval is necessary, the Party seeking approval may request approval in writing. If the Party whose approval is requested fails to either approve the submittal or provide written comments specifically identifying the required changes within thirty (30) days, the submittal, as submitted by the requesting Party, will be deemed to have been approved by the Party whose approval is requested. 16. No Third-Party Beneficiaries. This Agreement shall be for the sole and exclusive benefit of the Parties signatory hereto and the Districts and does not confer any benefit to any third party. No third-party beneficiary shall have standing to sue to enforce this Agreement. 17. Non-Appropriation of Funds. Until bonds or certificates of obligation are issued for purposes of paying for any of City's obligations under this Agreement, any obligations of the City requiring the expenditure of funds beyond the fiscal year of the City in which this Agreement was entered shall be subject to the City's appropriation of lawfully available funds as part of its budget process during the fiscal year in which the financial obligation arises. Regional Wastewater Services & Facilities Cost Sharing Agreement Res. 2024-78R Page 26 of 47