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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />NOW THEREFORE, in consideration of the mutual covenants contained herein, <br />and other good and valuable consideration, the receipt and sufficiency of which is hereby <br />acknowledged, the parties hereto agree as follows: <br />AGREEMENT <br />1. The matters in the Preamble are incorporated herein by reference. <br />2. Hometown agrees to pay the County $400,000.00 to resolve the Contested <br />ERUs (the "Settlement Payment"). <br />3. In consideration of the Settlement Payment, the County will dismiss the <br />Lawsuit with prejudice and execute a limited release, releasing Hometown, MHC their <br />successors, affiliates assigns and any subsequent owner from liability for the Water and <br />Sewer Impact Fee Obligations for all 806 ERUs in Village Green, which includes the <br />Contested ERUs, of which 782 are residential ERUs and 24 are common area ERUs. <br />4. Upon payment of the Settlement Payment, the Impact Fee Agreement is null <br />and void and of no further force and effect. <br />5. Accordingly, in the event MHC its successors, affiliates assigns or any <br />subsequent owner requests additional ERUs to be installed at Village Green, it will pay the <br />then existing rate required by the County Code of Ordinances. <br />6. Nothing contained in this Mediated Settlement Agreement shall be deemed <br />or construed as an admission of wrongdoing or liability on the part of any party to this <br />Mediated Settlement Agreement, which is entered into to resolve disputed claims. <br />7. No waiver, modification, extension or addition to this Mediated Settlement <br />Agreement shall be valid unless in writing and signed by every party hereto. <br />Page 3 of 5 <br />