SR 05:062 - Laserfiche WebLink

AGREEMENT NOW, THEREFORE, in consideration o£ the mutual benefits o£ this Agreement, and for other good and valuable consideration, the Parties agree ns £ollows: I. Temps of Settlement. The Parties settle each and any of their respective Claims under the Consolidated Lawsuits and any appeals thereof without further litigation on the terms and eohditions set forth below. 1.1. Relation Between This Agreement and the New Use Permit. The Parties and their counsel met to negotiate and draft this Agreement, as well as to negotiate certain operational conditions to be included in a new use permit for the ALRRF which may be approved by the Alameda County Board of Supervisors following appropriate hearing and compliance with the California Environmental Quality Act. In this discussion and negotiation, the Parties certain commitments that WMAC would undertake in the agreed to operational operation of the ALRRF, including the funding of the community monitor as set forth in this Agreement, and including the new conditions of approval set forth in Conditions No. 1 through 17 of Exhibit "A" attached hereto. All oftbe provisions of this Agreement, including WMAC's agreement to comPly with the aforementioned operational conditions, are expressly conditioned upon the adoption by the Alameda County Board of Supervisors of an amended use permit that includes operational conditions which are consistent in every material respect with said Exhibit "A", unless otherwise agreed to by all the Parties. 1.2. County Fees. The County has stated its intent to impose certain host community fees in any amended use permit for operation of the ALRKF, including fees originally imposed by the County in its December 5, 1996 approval of Resolution No. R-97-284. These fees are set forth within Condition No. ! 8 of Exhibit "A" attached hereto. WMAC has not consented or agreed to the imposition of these fees. Petitioners have stated that their agreement to settle as set forth in this Agreement is conditioned upon the adoption of an amended use permit including provisions substantially similar to Condition No. 18 of Exhibit "A" attached hereto. The Parties agree, however, that any such fees, if imposed by the County, are imposed solely at the County's discretion and pursuant to the County's exemise of its authority, and have not been agreed or consented to by WMAC. 1.3. Adoption of a New Use Permit. This Agreement shall become effective upon execution by all the Parties; provided, however, that the performance of the obligations in Sections 3 and 5 shall not become effective until (a) the Board has approved an Amended Use Permit ("Amended Use Permit") that is consistent in all material respects with this Agreement, including without limitation Exhibit "A" hereto or changes to Exhibit "A" agreed to by all Parties pursuant to Sections 2.1.5.1 and 2.1.5.2; and (b) the Parties have taken the actions specified in Sections 2.2.1 and 2.2.2. The provisions of Exhibit "A" attached hereto shall not become effective until they are adopted as part of the Amended Use Permit. A draft version of the Amended Use Permit is attached to this Agreement as Exhibit "B." Exhibit "B" is a draft based on the terms of the 1996 Permit and including the new conditions of approval set forth in Exhibit "A." 2. Further Actions. Each Party shall take such further actions, and execute such further documents, as may be necessary to implement the terms of this Agreement. Without 3 Final Allamor)t Settlement Agreement