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reallocated to and recovered from the future development through an update of the Regional Wastewater Connection Fee (anticipated in 2017) is $350,962. The balance of the value of Regional Wastewater Capacity Reserve Fee Credits in the estimated amount of$889,188 shall be allocated to and recovered from the Regional Wastewater Enterprise Fund. This value is calculated based on the Total Value of Regional Wastewater Credits granted ($1,240,150) less the amount of the credit reallocated to remaining new development ($350,962) to be included as a buy-in cost in the new connection fees DSRSD-wide. In July of each fiscal year beginning in FY 2017-2018, and continuing through FY 2026-2027, DSRSD shall transfer from the Regional Wastewater Operating Fund to the Regional Wastewater Capacity Reserve Expansion Fund $88,918 per year, up to the maximum amount of$889,188. Section 5. City shall also ensure that Victor Lund and Gayle Lund, successor to Lawrence Lund, execute the release of further claims attached as Exhibit B. Execution and receipt by DSRSD of this release is a condition precedent to this agreement having any force and effect. Section 6. The City and DSRSD will cooperate to share information they deem appropriate regarding the implementation of this Agreement. Section 7. Except as otherwise specified herein, each Party shall be responsible for all costs and liabilities to the extent arising from or related to its actions or omissions under this Agreement. Section 8. The City agrees, notwithstanding Section 7, to indemnify and hold harmless DSRSD, its officials, employees and agents from any and all claims, costs and liability, including attorneys' fees, to the extent arising out of its acts of omissions under this Agreement, except for those claims arising out of the active negligence or intentional misconduct of DSRSD. Section 9. This Agreement shall expire on December 31, 2027. Section 10. Nothing contained in this Agreement is intended to or does confer upon any person, other than the Parties, any rights or remedies hereunder. Section 11. This Agreement may be amended only by a written document executed by both Parties. Section 12. This Agreement contains the entire agreement between the Parties with respect to the subject matter hereof, and supersedes all prior written or oral agreements, understandings, representations or statements between the Parties with respect to the subject matter hereof. Section 13. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged remain in full force and effect. 02-15-17 FINAL DRAFT MOU ADVANCE SALE SEWER PERMITS Page 3 of 4