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EXHIBIT A <br />Except as hereinafter provided should the periodic review reveal the City has not <br />attained the projected population and the projected use of REC units; the City will <br />implement the following remedial measures in a manner which is proportional to the <br />shortfall and reflects the annual sewer charges established by the Metropolitan <br />Council,-provided that a "wastewater ineffiga nc fee" will not be imposed if <br />imposing such fee would be in conflict with any of the provisions of the <br />Memorandum of Understanding and, in no case will the implementation of these <br />remedial measures result in year 2030 projections of sewered dwelling units, sewered <br />employment, total dwelling units or population in excess of those agreed to by the <br />City and the Metropolitan Council by the 2005 Memorandum of Understanding <br />between the City and the Metropolitan Council. <br />1. Automatic adjustment of the growth staging table to reflect the growth of <br />households, population and RECs needed to meet the population commitments <br />the City agreed to under the Memorandum of Understanding. The adjusted <br />growth staging table, upon approval of the Metropolitan Council, shall be <br />deemed to be immediately incorporated in the City's comprehensive plan. This <br />remedy includes appropriate and timely modification of official controls, e.g., <br />zoning and subdivision ordinances which are consistent with the comprehensive <br />plan, in accordance with state law, to implement the comprehensive plan. <br />2. if the City does not meet its population commitment in 2010, its household <br />commitments for 2015, 2020, 2025 and 2030 shall each be adjusted upward by <br />an amount equal to the difference between the committed population and the <br />actual population in 2010, muitiplied by 0.5. This process shall be repeated in <br />2015, 2020, 2025 and 2030. Housing units added under this provision shall be <br />added at an average density of at least 3 units per acre. <br />If the City does not meet its REC commitments in 2010, it shall pay to the <br />Metropolitan Council a "wastewater inefficiency fee" (WIF) to help pay the operation, <br />maintenance, and capital costs of underutilized regional wastewater infrastructure <br />and the costs of providing regional sewer service for development elsewhere in the <br />region that would have occurred within the City. A determination will be made on <br />the number of deficient RECs by subtracting actual RECs from the committed RECs <br />identified in the adopted comprehensive plan. A WlF shall be paid for every deficient <br />REC and will be due on the dates specified below. <br />Estimated <br />WEF per Each <br />Time Frame <br />Deficient REC <br />Payment Date <br />2007 -2010 <br />$2,600.00 <br />January <br />31, 2011 <br />2010 -2015 <br />$4,200.00 <br />January <br />31, 2016 <br />2015- 2020 <br />$5,200.00 <br />January <br />31, 2021 <br />2020 -2025 <br />$5,500.00 <br />January <br />31, 2026 <br />20252030 <br />$5,600.00 <br />January <br />31, 2031 <br />