SR 05:062 - Laserfiche WebLink

the ent -five percent (25%) £oilowing appr0¥ai by the Board 0fan Amended Use Permit, in accordance with the procedures set forth in subsection 13.6 below. 13.2. WMAC shall pay to the Sierra Club, NCRA and ALARM their attorneys fees and costs in connection with the Litigation Activities and Settlement Activities incurred by the Sierra Club, NCRA and ALARM, through September 30, 1999, in the amount of $80,507.41 which represents thc unteimbursed costs incurred by their attorney and the unrcimbursed hourly fees of their attorney, biflcd at the same hourly rate as the Cities' attorneys, through September 30, 1999. WMAC shall pay seventy-five pement (75%) of this amount following execution of the settlement agreement, in accordance with the procedures set forth in subsection 13.3 below, and the remaining twenty-five percent (25%) following approval by the Board of an Amended Use Permit, in accordance with the procedures set forth in subsection 13.6 below. 13.3. WMAC shall pay seventy-five pement (75%) of the sums specified in sections 13.1 and 13~2 above within forty-five (45) days of the execution of this Agreement. 13.4. Within twenty (20) days of(a) approval by the Board of the Amended Use Permit that is consistent in all material respects with this Agreement or with changes agreed to by all Parties and (b) dismissal of WMAC of its appeal, all as provided for in section 2 of this Agreement, the Cities shall provide to WMAC a written statement of the total amount of attorneys fees and costs incurred by the Cities in connection with Settlement Activities for the period from and including October 1, 1999 to the approval of the Amended Use Permit. The amount to be paid by WMAC shall represent the actual fees and costs billed by the Cities' attorneys to the Cities for this period. In connection with Board approval of the Amended Use Permit, the Cities' attorneys shall use, to the maximum extent practicable, thc same Icad personnel and maintain the same level of staffing used for Settlement Activities in undertaking further actions set forth in subsections 2.1.1 through 2.1.7 above. The Cities agree that their reimbursable fees and costs during this period shall reflect a level of activity commensurate with the previous phases of Settlement Activities. 13.5. Within twenty (20) days of(a) approval by the Board of Amended Use Permit that is consistent in all material respects with this Agreement or with changes agreed to by all Parties and (b) dismissal of WMAC of its appeal, all as provided for of this in section 2 Agreement, the Sierra Club, NCRA and ALARM shall provide to WMAC a written statement of the total amount of attomeys fees and costs incurred by the Sierra Club, NCRA and ALARM in connection with the Settlement Activities for the period from and including October 1, 1999 to the approval of the Amended Use Permit. The amount to be paid by WMAC shall represent the unreimbursed costs incurred by their attorney and the unreimbursed hourly fees of their attorney, billed at the same hourly rate as the Cities' attorneys, for this period. In connection with Board approval of the Amended Use Permit, the attorneys for the Sierra Club, NCRA and ALARM shall, to the maximum extent practicable, use the same lead personnel and maintain the same level of staffing used for Settlement Activities in undertaking further actions set forth in subsections 2.1. ! through 2.1.7 above. The Sierra Club, NCRA and ALARM agree that their reimbursable fees and costs during this period shall reflect a level of activity commensurate with the previous phases of Settlement Activities. 13.6. WMAC shall pay the sums specified in sections 13.4 and 13.5 above, and the remaining twenty-five percent (25%) of the sums specified in sections 13.1 and 13.2, within Final Altamont Settlement Agreement 2 1