Res 2025-043 approving an amended development agreement (Riverbend Ranch / Baugh Ranch / Riley’s Point) with HK Baugh Ranch, LLC, HK Riley’s Point, LLC, HK Real Estate Development, LLC, and Jack’s Reservs

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Easement Route ("Remaining Offsite Easement") for the City to provide wastewater service to the Property. The Developer, or one or more Owners, shall attempt to obtain the Remaining Offsite Easement from the landowner identified by the City. However,if the Developer, or one or more Owners,is unable to obtain the Remaining Offsite Easement, the Developer shall provide notice to the City of same, along with a survey of the Remaining Offsite Easement tract and request that the City proceed with obtaining the Remaining Offsite Easement(the"Offsite Easement Notice"). Upon receipt of the Offsite Easement Notice, the City agrees to use best efforts and proceed diligently with acquiring the Remaining Offsite Easement through eminent domain, and, if necessary, through condemnation proceedings, and will comply with all procedural requirements at the earliest allowable times set forth in the Texas Property Code. Within ten (10) days of receipt of the Offsite Easement Notice,the City agrees to (i)make the initial written offer to purchase the Remaining Offsite Easement and (ii)take all necessary action to initiate obtaining an appraisal from a certified appraiser of the value of the Remaining Offsite Easement tract(the"Appraisal") at the earliest time practicable, but in no event shall the Appraisal take more than sixty (60) days from the City's initiation. Developer, or one or more Owners, shall pay, on behalf of the Districts, the costs to acquire such Remaining Offsite Easement, in an amount not to exceed fair market value of the Remaining Offsite Easement. In the event the Remaining Offsite Easement is acquired, as set forth above, Developer shall cause to be conveyed to the City no less than a fifteen (15) acre parcel (the "WWTP Site"), as shown generally in Exhibit B attached hereto and incorporated herein, following completion of a lift station and related facilities on the WWTP Site necessary for the City to provide wastewater service to the Property. The lift station and related facilities on the WWTP Site shall be designed and constructed by or on behalf of the Districts and conveyed to the City upon completion for ownership, operation, and maintenance. The Developer agrees that communication conduit may be incorporated in connection with construction of such lift station to allow for connection to a future public facility communication network. If, in the future, the City determines to serve the Property by a wastewater treatment plant to be constructed on the WWTP Site, rather than the lift station and the City's existing wastewater facilities, the City shall design and construct such wastewater treatment plant on the WWTP Site, at its sole cost and expense. (g) Upon approval by the City and, receipt of fully executed copies of the Development Agreement and resolutions or ordinances consenting to creation of the Districts, Developer will abate the proceedings relating to TPDES Permit No. WQ0015784001 (the "Permit") pending before the Texas Commission on Environmental Quality and State Office of Administrative Hearings in Docket Nos. 2021-0053-MWD and 582-21-1893, respectively. Once the Remaining Offsite Easement has been acquired and construction of the offsite wastewater line may proceed, Developer will dismiss the application and proceedings relating to the 15