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wrongdoing by the CITY but, rather, constitute a resolution and settlement of disputed issues
<br /> without admission of any fault.
<br /> ARTICLE III
<br /> ACTIONS
<br /> 3.1 Adoption of Docktown Plan("Plan"�. Absent a superseding and publicly
<br /> documented change in the Commission's policies, an opinion by the AG, and/or a superseding
<br /> action by the Legislature, which allows residential use in Docktown, the CITY shall take formal
<br /> action, no later than December 31, 2016, to adopt a Plan that will be in conformance with the
<br /> Commission's policies concerning residential use of the public trust portion of Docktown and
<br /> consistent with the AG's 6/9/15 Letter. By December 31,2017, the CITY shall have undertaken
<br /> its best efforts and action towards prompt implementation of the Plan.
<br /> 3.2. Environmental Site Assessment. By December 31, 2016, the CITY shall
<br /> complete the environmental site assessment and sampling work described in the December 22,
<br /> 2015 Technical Proposal prepared by Erler& Kalinowski, Inc. ("EKI Proposal"), attached hereto
<br /> as Exhibit"2," and prepare a report. The CITY shall submit this report to relevant federal, state,
<br /> and local agencies, including, without limitation, the County of San Mateo, San Francisco Bay
<br /> Regional Water Quality Control Board, and/or the Department of Toxics Substances Control.
<br /> The City shall work cooperatively with these agencies regarding remedial action, if any, in
<br /> connection with the report.
<br /> 3.3. Pedestrian 101 Underpass Crossing. By July 1,2016, the CITY will submit
<br /> applications to build a pedestrian underpass crossing under Highway 101, leading from
<br /> Docktown to downtown Redwood City, with all relevant third party agencies and promptly
<br /> pursue all necessary approvals. Upon receipt of all necessary approvals from these agencies, the
<br /> CITY will use its best efforts to begin construction of the pedestrian undercrossing as soon as
<br /> practical, but no later than twelve (12) months after it receives all of the approvals.
<br /> ARTICLE IV
<br /> MUTUAL RELEASE AND DISMISSAL
<br /> 4.1 Release of the CITY. Except for claims arising directly as a result of breach of
<br /> the terms, covenants, conditions and representations of the CITY contained in this Agreement,
<br /> and as a material inducement to the CITY to enter into this Agreement, the CITIZENS Parties,
<br /> and each of them, do hereby irrevocably and unconditionally release, acquit and forever
<br /> discharge the CITY, and each of them, and its officials, council members, members, directors,
<br /> officers, agents, assigns, attorneys, insurers, representatives, and employees from any and all
<br /> claims, actions, charges, complaints, causes of action, rights, demands, and damages, at law and
<br /> equity, which the CITIZENS Parties have or could have, whether now or in the future known,
<br /> against CITY. The CITIZENS Parties represent and warrant hereby that they have not made an
<br /> assignment or any other transfer of any interest in the claims, causes of action, suits, debts,
<br /> SETTLEMENT AGREEMENT
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