Mutual Release & Waiver - Orange County Coastkeeper - 2016-09-30 1 MUTUAL RELEASE AND WAIVER
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3 This mutual release is made and entered into in consideration of the following facts:
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5 1. The CMSD (hereinafter "District") had sewer spills on September 1, 2013 and January 1,
6 2015. As a result of those spills, the Regional Water Quality Control Board (hereinafter
"RWQCB") brought an Administrative Civil Liability enforcement action against the District,
8 resulting in a fine against the District.
9 2. District defended against the amount of the fine in a proceeding before the RWQCB on
10 July 24, 2015. In that proceeding Orange County Coastkeeper (hereinafter "Coastkeeper") sought
11 and obtained "Designated Party" status that allowed it to assert its position in the administrative
12 enforcement proceedings.
13 3. Coastkeeper did assert its position in those enforcement proceedings and urged a higher
14 fine on the District.
15 4. District has now filed a Petition for Administrative Mandamus to challenge the fine
16 imposed in the Orange County Superior Court, OCSC No. 30-2016-00848260-CU-WM-CJC.
17 5. In that proceeding Coastkeeper was named as a Real Party in Interest.
18 6. Coastkeeper has determined that it does not desire to participate in the litigation and has
19 requested dismissal of the action as to Coastkeeper.
20 7. District's Board of Directors has met on the issue and determined to dismiss Coastkeeper
21 in exchange for a mutual release.
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23 Now, Therefore, the parties hereto do mutually release each other from all claims and
24 demands related to the litigation, including costs and attorney's fees. This mutual release and
25 waiver inures to the benefit of all heirs, successors and assigns of the parties. Furthermore,
26 Coastkeeper agrees that it will not assert that it is an indispensable or necessary party in the
27 proceeding. In consideration for the above, District agrees to dismiss Coastkeeper with prejudice
28 from the proceeding.
Hsrpst&Buten U.P
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Fo .er and Executive Director
6 Orange County Coastkeeper
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Costa Mesa Sanitary District
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Harper&Bums LLP
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