Agmt17 California River Watch CRW Settlement Agreement

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2. CIWOS Link The City shall maintain a link from the City's website to the State Water Resources Control Board's CIWQS SSO Public Reports' website, and shall publish on its website this new link to customers and members of the public. 3. CRW Attornevs' Costs and Fees Within ten (10) calendar days after the Effective Date of this Agreement, the City shall pay CRW the sum of thirty -thousand dollars ($30,000.00) as reimbursement for CRW's investigative, expert, and attorneys' fees and costs and for the fees and costs required to monitor compliance with this Agreement. Payment shall be made by the City to CRW in the form of a single check payable to "California River Watch," and shall constitute full satisfaction and payment for all costs of litigation and attorneys' fees incurred by CRW that have or could have been claimed in connection with CRW's allegations in its CWA Notice Letter up to and including the Effective Date of this Agreement, and for CRW's expert and attorneys' fees and costs spent monitoring and enforcing the City's compliance with ongoing obligations under this Agreement up to and including the Termination Date. Payment shall be mailed to the Law Office of Jack Silver, 708 Gravenstein Highway North, #407 Sebastopol, CA 95472. 4. Termination Date This Agreement shall terminate five (5) years from the Effective Date. 5. No Admission or Finding Neither this Agreement nor any payment pursuant to this Agreement shall constitute evidence or be construed as a finding, adjudication, or acknowledgment of any fact, law or liability, nor shall it be construed as an admission of violation of any law, rule or regulation. However, this Agreement and/or any payment pursuant to this Agreement may constitute evidence in actions seeking compliance with this Agreement. 6. Release of Liabilitv and Covenant Not to Sue In consideration of the above, and except as otherwise provided by this Agreement, CRW hereby forever and fully releases the City and its respective successors, assigns, directors, officers, agents, board members, representatives, and employees, and all persons, firms and corporations having an interest in them, from any and all claims and demands of any kind, nature, or description whatsoever, and from any and all liabilities, damages, injuries, actions or causes of action, either at law or in equity, whether known or unknown, which CRW has or may have against the City based upon CRW's allegations as set forth in the CWA Notice Letter as to the City's sewage collection system up to and including the Effective Date of this Agreement. The Parties acknowledge that they are familiar with section 1542 of the California Civil Code, which provides: REV: 05-09-17 MI Page 4 of 9 ATTY/AGR.2017.100/Settlement of CRW Anticipated Litigation