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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In addition to the definition changes above, the following definitions shall be modified: 1. The definition of "LUE Fee" shall be amended to add: (iii) $8,300 per LUE that Cottonwood,Mason and Mulberry agree to pay to the City in accordance with the Payment Schedule (as hereinafter defined). 2. The definition of "Tract" or "Tracts" is hereby amended to include the Cottonwood Tract, the Mason Tract and the Mulberry Tract as land benefitted by the Facilities as shown on Exhibit B, attached hereto. ARTICLE II WASTEWATER FACILITIES The following shall be modified: 1. Construction, Design, and Financing of the Wastewater Facilities. The City, at its cost and expense, shall permit, design, and construct the Facilities (excluding the Improvements) necessary to provide Wastewater Services to the Customers. The City's obligation to make Wastewater Services available to the Customers within each Tract and District shall be in the amounts reflected in the Absorption Schedule attached hereto and such obligation is explicitly not conditioned upon the construction and completion of the Interim Plant,Main Lift Station or the Plant. The City is obligated to make Wastewater Services available to the Customers within each Tract and District in accordance with the Absorption Schedule, commencing on March 1, 2026 and continuing thereafter, increasing the number of LUEs of available Wastewater Services annually until the total number of LUEs allocated to each Tract and District, per the Absorption Schedule, are provided. Notwithstanding the foregoing, the City shall not be obligated to provide Wastewater Services to the Customers within each Tract or District until such time as such Developer or District has constructed the Improvements, in accordance with the Regulatory Requirements, necessary to connect such Tract or District to the then-existing Wastewater Collection System or the Main Lift Station in accordance with City Standards. 3. Gigs Main Lift Station or Collection Facility. The City shall construct the Main Lift Station or some other collection facility at the Plant Site on or before March 1, 2026,for the Developers and Districts to connect their respective Improvements to such facility. Amendment No. 1 - Regional Wastewater Services & Facilities Cost Sharing Agreement Res. 2025-56R Page 5 of 71