Agmt17 California River Watch CRW Settlement Agreement

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ORIGINAL SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Mutual Release of Claims ("Agreement"), effective as the date of signing by all parties, is made by and between California River Watch, a nonprofit corporation, on behalf of itself and its members ("CRW"), and Redwood City ("City"), a political subdivision of the State of California. CRW and the City are sometimes hereinafter each referred to as a "Party" or collectively as the "Parties." RECITALS A. California River Watch is an Internal Revenue Code section 501(c)3 nonprofit, public benefit corporation organized under the laws of the State of California, dedicated to protecting, enhancing, and helping to restore the surface waters and ground waters of California, including rivers, creeks, streams, wetlands, vernal pools, aquifers and associated environs, biota, flora and fauna, and to educating the public concerning environmental issues associated with these environs. B. The City owns and operates a collection system for the purpose of collecting and conveying for treatment wastewater from residential, commercial, and industrial sources (referred to in this Agreement as the "Wastewater Collection System" C. On July 22, 2016, CRW served the City with a 60 -day Notice of Violations and Intent to File Suit ("Notice Letter") alleging various violations of the federal Clean Water Act ("CWA") related to the operation and management of the Wastewater Collection System. D. The City denies all of CRW's allegations that it is liable to CRW for any claims that were, or could have been asserted against the City based upon the Notice Letter. The City asserts that its operation and management of the Wastewater Collection System currently meet all CWA requirements, all California and all Regional Water Quality Control Board Requirements. The actions described below in Section 1. by the City are not intended as an admission of the claims alleged in the Notice Letter and are the City's best efforts to resolve all disputed issues by and between the City and CRW to avoid the costs and uncertainties of litigation. E. The Parties have expended effort and resources in investigating and evaluating allegations and claims set forth in the Notice Letter, including the exchange of information, as well as engaging in a negotiation and technical dialogue regarding settlement. F. The Parties now wish to resolve and settle all disputes, obligations, and purported or actual claims or causes of action, which may exist by and between CRW and the City, including without limitation any disputes, obligations, claims and/or causes of action that were or could have been asserted in or pursuant to the Notice Letter. REV: 05-09-17 MI Page 1 of 9 ATTY/AGR.2017.1OO/Settlement of CRW Anticipated Litigation