ALTAMONT LANDOWNERS SETTLEMENT - Laserfiche WebLink

alternative to the objectionable provision or provisions of the permit or approval for presentation or recommendation to the Permitting Agency. 2.1.9.3. Failing the development by the Parties of a mutually agreeable alternative pursuant to Section 2.1.9.2, any Party may oppose the permit or approval on the basis of the objectionable provision or provisions without being in violation of Section 4. 2.2. Disposition of Litigation. If the Board adopts an Amended Use Permit that in all material respects is consistent with the draft New Use Permit, or with changes agreed to by the Parties, the Parties will take the following actions set forth below: 2.2.1. WMAC will dismiss its appeal. 2.2.2. The Parties that are petitioners in the Consolidated Lawsuits will file a document with the trial court indicating their satisfaction with the revised return to the writ. 2.2.3. If the Board does not adopt a permit that in all material respects is consistent with Exhibit "A' attached hereto, or with changes agreed to by all Parties, the Parties that are petitioners in the Consolidated Lawsuits may raise objections to the County's return to the writ and oppose in any forum all approvals related to the landfill expansion. 3. Enforcement of Amended Use Permit. The Parties acknowledge and agree that the County shall have primary authority for interpreting and enforcing the terms of the Amended Use Permit. In addition to the County's authority to interpret and enforce the Amended Use Permit, each Party shall have the contractual right to seek enforcement of the provisions of this Agreement and Exhibit "A" hereto, and any provisions of Exhibit "A" hereto as such provisions may be revised pursuant to Subsection 2.1.5 and incorporated into the Amended Use Permit, pursuant to Section 15 of this Agreement. In addition to the rights available pursuant to this Agreement, Livermore, Pleasanton, Sierra Club, NCRA, and ALARM, and each of them, shall have the right to ensure through any available administrative or judicial process WMAC's obligation to comply with the Amended Use Permit. 4. No Opposition for Approvals to Expand Landfill. The Parties shall not oppose in any forum the Amended Use Permit and any other additional approvals necessary to expand ALRRF and implement the Amended Use Permit in a manner consistent with the terms of this Agreement, including, without limitation, approvals from ACWMA. This provision shall be limited to the expansion of the ALRRF consistent with this Agreement and the Amended Use Permit, and shall not limit the Parties from taking positions adverse to each other on any other matters. In addition, each Party agrees and warrants that it shall not bring, commence, institute, maintain, prosecute (or allow any person, entity or organization to bring, commence, institute, maintain, or prosecute in the Party's name) any other action at law or equity, or any legal or administrative proceeding whatsoever, challenging the approval of the ALRRF expansion as authorized by the Amended Use Permit and this Agreement, provided that this provision shall not apply to any action to enforce the terms of this Agreement. This Agreement may be pled as a full and complete defense to, and may be used as a basis for injunctive relief against, any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of this Agreement. 6 Final Altamont Settlement Agreement