Agmt16 Citizens for the Public Trust and Ted J. Hannig

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__ ._ ._ .... ORIGIIV�L SETTLEMENT AGREEMENT This Settlement Agreement("Agreement") is made and entered into in San Mateo County, California, on January , 2016, by and between, CITIZENS FOR THE PUBLIC TRUST ("CITIZENS") and TED J. HANNIG ("HANNIG") (collectively, the "CITIZENS Parties"), on the one hand, and the CITY OF REDWOOD CITY (the "CITY"), on the other hand(all collectively, the "PARTIES"). RECITALS WHEREAS, on November 9, 2015, the CITIZENS Parties filed a Petition for Writ of Mandamus and Complaint for Declaratory and Injunctive Relief against the CITY in San Mateo Superior Court, Case Number CIV 536168 as amended (the "Petition"); WHEREAS, the Petition alleges, among other things, violations of environmental law and the common law Public Trust Doctrine in connection with Docktown Marina located in Redwood City, California("Docktown"); WHEREAS, to resolve any and all claims arising out of the Petition, the PARTIES now desire to compromise and settle their disputes as set forth herein, subject to the conditions stated herein; WHEREAS, the CITIZENS Parties acknowledge that the CITY is a public entity and the terms of this Agreement must be formally approved at a public meeting in order to become effective and enforceable; and THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in consideration of the mutual covenants contained herein, the PARTIES agree as follows: ARTICLE I EFFECTIVE DATE 1.1 Effective Date. The effective date of this Agreement shall be Januarv 26,2016, so long as the CITY farmally approves this Agreement at its regular council meeting on January 25, 2016. In the event this Agreement is not approved by January 25, 2016, the CITIZENS Parties reserve their right to withdraw from its terms and terminate their offer of settlement. ARTICLE II DOCKTOWN FUND 2.1 Creation of Docktown Fund("Fund"�. The CITY will set aside three million dollars ($3,000,000.00) in an earmarked fund to address environmental issues, including any potential contamination, and public trust issues, such as possible relocation assistance, associated with the public trust portion of Docktown. The Fund will be administered consistent with the SETTLEME1vT AGREEMENT Page 1 of 9 OAK#4839-2370-0524 vl l 05674-0029 K -