Settlement Agreement Draft May 2005

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DRAFT n__ _Remaining Objectors. (a) The Opposer Coalition and their elected officials, board members, officers, employees, attorneys and consultants may not directly or indirectly assist or otherwise support the continued opposition of the CWCB or any other remaining party to the Boating Park RICD in Case No. 03CW86; provided, however, that this prohibition shall not prevent the Opposer Coalition from li] providing to the CWCB information generated as of the date of this Agreement that the Opposer Coalition lips ab> >ce�l tt� aaillcc available to the CWC13 under their current joint defense oarcement or lii) co7rsentins7 to the CWCB 'stlsc of cxl)Sn Witnesses, rcta_in clbv_ in mentbeiof. t17e C.11�}�usiti.on (b) This Agreement shall not prevent the City from settling with the CWCB or any other objector in Case No. 03CW86; provided, however, that any settlement shall be consistent with the terms of this Agreement (including all —1 :l�ibiis), should not contain terms inconsistent with this Aweement (including, all Exhibits), and any consent decree shall be no less restrictive than the terms of the proposed applicable decrees attached hereto. . ------ SupportingTestimony. John Fetcher agrees to testify at any trial in Case No. 03CW86 that the Boating Park RICD as modified by the terms of this Agreement and the attached proposed decrees promote the doctrine of maximum utilization and that the flow rates are reasonable, prov_idcd that Mr. Fetcher is _not _incompetent. _mentall . i�lc�pacitated- or deceased at the time of trial. Deleted. 7 Deleted is obligated to make evadable to the CWCA tinder their carrentlomt defense lgreement. Deleted: 8 8 Discovery Termination. _ _ .... _ . _ _ _ _. _ _ . _ . Deleted: 5 ., ._........... As between the parties to this Agreement, all pending discovery requests and agreements to hold dates for depositions are withdrawn. except tl7c pen.dint, written discovery protnounded y the Town of 0alc Creek to the City. assigns. _...... .- _._._..._ -- .. - - -- ..... -_ Specific Performance.- -. - - -. ___ .......... .... . ------- (Deletes: to - -_ The terms of this Agreement shall be specifically enforceable. ...._ . 11?� Misc�lianeous, ------- Deleted:l (a) The parties hereto are authorized to enter into this Agreement. (b) This Agreement shall be binding on the parties' successors and (c) This Agreement may be executed in counterparts. fd9o5G 4