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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response to the applicant that includes any technical comments or questions that must be resolved before the application will be approved. This shall repeat until all reviewer's questions and comments have been addressed by the developer engineers. 7. Total Capacity Reserved. In exchange for the payment of LUE Fees and construction and conveyance of the Improvements, the City agrees to provide 6,248 LUEs of Wastewater Services to the Customers and allocate and reserve to the Tracts and the Districts a total of 6,248 LUEs of Wastewater treatment capacity in the Plant, as reflected in the Absorption Schedule, and the number of LUEs to each respective Tract and District reflected in the Absorption Schedule.The Parties agree that the Absorption Schedule, attached hereto as Exhibit D, represents each Tract's and/or District's projected and maximum annual Wastewater Services requirements in LUEs, beginning no sooner than March 1, 2026. In exchange for the payment of LUE Fees, the City shall allocate and reserve the total annual amount of LUEs of Wastewater Services to the Customers within each Tract and District in accordance with the Absorption Schedule each year, regardless of the active or proposed connections that may exist on any Tract in any given calendar year. In addition to the modification above, the following sections shall be added: 11. The City acknowledges and agrees that, as of the execution date of this Amendment, it has unreserved capacity for 166 LUEs in the City's existing Wastewater Collection System,including the City's existing wastewater treatment plant. As of the execution date of this Amendment,the City hereby allocates and reserves for the Customers within the Mulberry Tract a total of 166 LUEs of Wastewater Services in the City's existing Wastewater Collection System or such other Wastewater treatment facilities as the City may elect. Such 166 LUEs shall remain allocated and reserved so long as the City has not terminated this Agreement as to Mulberry for an uncured Major Default in accordance with Article VI. In exchange for Mulberry's payment of these 166 LUE Fees in accordance with the Payment Schedule attached hereto as Exhibit E, the City agrees to make available Wastewater Services to the Customers within the Mulberry Tract as the LUE Fees are paid. 12. The City shall provide Wastewater Treatment Services and meet other obligations to the New Developers under the same terms as those set forth in the Original Agreement attached, subject to the modifications to the Original Agreement contained herein. Amendment No. 1 - Regional Wastewater Services & Facilities Cost Sharing Agreement Res. 2025-56R Page 7 of 71