Item B-MWMC Proposed SDC - Laserfiche WebLink

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1.4 MWMC will endeavor to complete the Review Process so Eugene and Springfield have adequate time to adopt any recommended modifications to the 1997 Methodology and implement a new regional SDC fee schedule effective July 1, 2004. 2. In consideration of the mutual promises contained herein, HBA agrees as follows: 2.1. HBA will immediately dismiss its appeal to LUBA challenging City of Springfield Resolution No. 03-41. 2.2. I-IBA will neither file any action or proceeding against MWMC, the City of Eugene or the City of Springfield regarding the Regional Wastewater SDC nor contest the adoption, imposition or collection of the Regional Wastewater SDC during the Review Process. 2.3. I-IBA will use its best efforts to dissuade its members from pursuing any of the acts HBA has agreed not to take pursuant to Section 2.2. 3. The Fee Schedule will be implemented without any expectation by either party that there will be any refund or extra charges for projects for which building permits were issued during the Review Process as a result of the Review Process or otherwise. 4. The effectiveness of this Agreement is contingent on the adoption of the Fee Schedule by the City Springfield on or before September 17, 2003 and by the City of Eugene on or before October 1, 2003. 5. By entering into this Agreement, HBA is not admitting that the Fee Schedule is appropriate or that the 1997 Methodology in compliance with Oregon law. 6. By entering into this Agreement, MWMC is not admitting that the Fee Schedule is inappropriate or that the Methodology is flawed in any way. 7. If I-IBA files any action or proeee3ing in breach of this Agreement, in addition to any other relief to which IvlWMC may be entitled, MWMC may have the court or other tribunal before which the action or proceeding is pending dismiss the .action or proceeding based on the commitments made in this Agreement. 8. If an action is filed to enforce this Agreement, the prevailing party will be entitled to recover its attorney fees incurred therein at trial and on appeal. 9. The individuals signing below represent that they have the authority to sign on behalf of their respective organizations. /// /// /// Settlement Agreement- {doc.71213)