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HomeMy WebLinkAboutMINUTES - 12151992 - 1.127 . 12-7 TBE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on December- 15. 1992 , by the following vote: AYES: Supervisors Powers, Torlakson and Schroder NOES- None ABSENT: Supervisors Fanden and McPeak ABSTAIN: None SUBJECT: Litigation Settlement -- Sierra Club, et al. v. County of Contra Costa, et al., Superior Court No. C 90-03464, and Sierra Club, et al. v. County of Contra Costa, et al., Superior Court No. C 90-04383 County Counsel having recommended that the Board of Supervisors approve the attached settlement agreement, and The Board having discussed the proposed attached settlement agreement on December 8, 1992, and a majority of the Board having concurred in approving it under the following conditions, and The developers having submitted a letter before the close of business on December 9, 1992 in accordance with paragraph 1 below; NOW, THEREFORE, IT IS BY THE BOARD ORDERED THAT: 1. The Board hereby reaffirms its concurrence on December 8, 1992 to approve the attached Settlement Agreement, subject to final approval as to form by County Counsel, and provided that Real Parties in Interest submit a letter to the Board no later than close of business on Wednesday, December 9, 1992, representing that they agree to conditions of approval on any entitlement they seek in the Bethel Island planning area that are equivalent to the developer's obligations set forth in the existing development agreements. 2. The County Counsel is authorized to sign the agreement on behalf of the County. I hereby certify that this Is a true and correct copy 01 an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: PHIL BATCHELOR,Clerk 0 the Hoard of Supervisors and County Administrator By Orig. Dept: County Counsel cc: County Administrator Community Development 1, 12-7 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on December 15. 1992 , by the following vote: AYES: Supervisors Powers, Torlakson and Schroder NOES: None ABSENT: Supervisors Fanden and McPeak ABSTAIN: None SUBJECT: Litigation Settlement -- Sierra Club, et al. v. County of Contra Costa, et al., Superior Court No. C 90-03464, and Sierra Club, et al. v.. County of Contra Costa, et al., Superior Court No. C 90-04383 County Counsel having recommended that the Board of Supervisors approve the attached settlement agreement, and The Board having discussed the proposed attached settlement agreement on December 8, 1992, and a majority of the Board having concurred in approving it under the following conditions, and The developers having submitted a letter before the close of business on December 9, 1992 in accordance with paragraph I below; NOW, THEREFORE, IT IS BY THE BOARD ORDERED THAT: 1. The Board hereby reaffirms its concurrence on December 8, 1992 to approve the attached Settlement Agreement, subject to final approval as to form by County Counsel, and provided that Real Parties in Interest submit a letter to the Board no later than close of business on Wednesday, December 9, 1992, representing that they agree to conditions of approval on any entitlement they seek in the Bethel Island planning area that are equivalent to the developer's obligations set forth in the existing development agreements. 2. The County Counsel is authorized to sign the agreement on behalf of the County. i hereby certify that this is a true and correct coPY 01 an action taken and entered on the minutes Of the Board of Supervisors On the date shown. ATTESTED: T)OGO PHIL BATCHELOR.ctork o the Jjoard of Supervisors and county Administrator r)�"l 1tv 13Y Orig. Dept: County Counsel cc: County Administrator Community Development Y ' SETTLEMENT AGREEMENT This Agreement is entered into this �2,6_&k day of 1993, by and between two California Ij non-profit corporations, MOUNT DIABLO AUDUBON SOCIETY, and GREENBELT ALLIANCE ( "Petitioners" ) and the COUNTY OF CONTRA COSTA and BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA, ( "Respondents" or "County" ) and CHARTERED LAND & CATTLE CO. , A.J. SALOMON, ROBERT DAL PORTO, and DEAN S . LESHER ( "Real Parties" or "Developers" ) . RECITALS Whereas , Petitioners have filed two actions in the Contra Costa County Superior court, and two subsequent appeals which are pending in the Court of Appeal , First Appellate ` District, Division Four : (1) Sierra Club, Mount Diablo Audubon Society, and Greenbelt Alliance v. County of Contra Costa and Board of Supervisors of the County of Contra Costa, Respondents, and Chartered Land & Cattle Co . , A.J. Salomon, Robert Dal Porto, and Dean S . Lesher, Real Parties in Interest ( "Specific Plan Case" ) , Contra Costa County Superior Court No . C-90- 03464, First District Court of Appeal , Division Four , Civ. No. A056311 ; and (2) Sierra Club, Mount Diablo Audubon Society, and Greenbelt Alliance v. County of Contra Costa and Board of Supervisors of the Court of Contra Costa, Respondents, and A.J. Salomon and Dean S. Lesher, Real Parties in Interest ( "Development Agreement Case" ) , Contra Costa County Superior Court No . C-90-04384 , First District Court of Appeal , Division Four, Civ. No . A059112; and 1 • r Whereas, in the foregoing actions , Petitioners have challenged the legality of the Bethel Island Area Specific Plan and its underlying environmental impact report ( "EIR" ) , as well as the legality of development agreements between the County and real parties for developments within the Bethel Island plan area; and Whereas, in the Development Agreement case, the trial court entered a judgment against Petitioners and upholding the validity of the development agreements between the County and Real Parties for development within the Bethel Island Area; and Whereas, in the Specific Plan Case, the trial court entered judgment against Petitioners and upholding the legality of the Bethel Island Area Specific Plan and its EIR; and Whereas, on November 4, 1992, the Court of Appeal issued its opinion in the Specific Plan Case, ordering that a writ of Mandate issue directing the County to vacate its certification of the Bethel Island Area Specific Plan EiR and its approval of the Bethel Island Area Specific Plan, and awarding attorneys ' fees to Petitioners under Code of Civil Procedure section 1021 . 5 (attached hereto as Exhibit A) ; and Whereas, the Development Agreement Case is currently pending in the Court of Appeal, with no briefs having yet been submitted by the parties; and Whereas, in August, 1992, the County issued and circulated a draft EIR for the Cypress Lakes and Country Club Project ( "Cypress Lakes" ) proposed for development in the 2 • t Bethel Island Plan area by real party Chartered Land & Cattle Co . ; and Whereas, Petitioners filed comprehensive comments on the Cypress Lakes project, raising a number of environmental concerns; and Whereas, in response to Petitioners ' and others ' comments the Cypress Lakes project draft EIR is currently being revised for recirculation; and Whereas , the parties have commenced settlement negotiations with the view toward resolving the issues which gave rise to the foregoing actions on terms mutually acceptable to the parties; and Whereas , having now reached an agreement on the terms of a settlement, the parties desire to set forth that agreement by way of this Settlement Agreement . The parties therefore agree as follows : 1 . Vacation of Approvals : The County and Real Parties will take all actions necessary to accomplish the following: a . Specific Plan EIR: The County will vacate its July 10 , 1990 certification of the Bethel Island Area Specific Plan EIR; b. Bethel Island Area Specific Plan: The County will vacate its approval of the Bethel Island Area Specific Plan adopted July 10 , 1990 and amended on April 16, 1991 , as well as the findings and statement of overriding 3 considerations supporting that plan; C . Development Agreements : The County and Real Parties will rescind the development agreements adopted on January 8, 1992 entered into with A.J . Salomon and Dean S . Lesher for developments in the Bethel Island Specific Plan area. 2 . No Petitions for Review or Requests for Depublication: The parties agree that they will file no petitions for review by the Supreme Court of the Court of Appeal decision in the Specific Plan case, nor will the County or Real Parties file any request, or join in any request , for depublication of the Court of Appeal decision with either the Court of Appeal or the Supreme Court . 3 . Dismissal : Upon execution of this agreement, Petitioners agree to inform the Court of Appeal in the Development Agreement Case that the matter has been settled, and to file within ten days a dismissal of their appeal in that case. 4 . Revision and Recirculation of Cypress Lake EIR: The County and Chartered Land & Cattle have determined to and are currently revising and preparing to recirculate the Cypress Lakes and Country Club Project EIR for further public comment and hearing. 5 . Attorneys ' Fees : As further consideration for this Agreement, Real PartleChartered Land & Cattle, A.J. Salomon and will pay $122 , 500 . 000 and Real Party Dean S . Lesher will pay $122, 500 . 000 to petitioners in 4 payment of their attorneys ' fees and costs incurred in these matters . 6 . Future Permit Process and CEQA Review: The parties understand and agree that Real Parties intend to seek approvals from the County for developments in the Bethel Island area. The parties understand and acknowledge that those projects are described in the applications for : Rezoning (No . 2918-RZ) , Vesting Tentative Maps (Subdivision 7562) and Preliminary and Final Development Plan (D.P. 3032-90) ; Rezoning (No . 2917-RZ) , Vesting Tentative Map (Subdivision 7588) , and Preliminary and Final Development Plan (D.P. 3131-90) . Such permit processing will require the preparation and review of additional environmental documents including, by Real Party Lesher, an environmental impact report as required by the California Environmental Quality Act ( "CEQA" ) , and by Real Party Chartered, revision and recirculation of the draft EIR for the Cypress Lakes Project . 7 . Review and Alternative Dispute Resolution Process : The parties further acknowledge that Petitioners have raised concerns regarding the environmental impacts of such development . To attempt to avoid future disputes and litigation as to the adequacy of future environmental documents and/or the legality of future permits or approvals , the parties agree to cooperate in good faith and work constructively to ensure that the scoping, review and processing of further environmental documents and regulatory approvals are undertaken 5 in a timely manner and will reasonably and adequately address environmental concerns raised by the proposed projects . By executing this Agreement, the parties acknowledge and agree that it is their intent not only to resolve their existing disputes which gave rise to the foregoing lawsuits , but also to establish a framework to avoid future disagreements and litigation to the maximum extent possible in connection with the development of Real Parties ' proposed projects in the Bethel Island area, and to resolve expeditiously and economically any disputes that might arise. The parties therefore agree to the following process which includes alternative dispute resolution (ADR) mechanisms to avoid costly and time-consuming litigation to the maximum extent possible . The County may, at its option, agree to participate in the following or any additional procedures . a. Real Parties and Petitioners shall meet informally to discuss Real Parties ' proposed development plans , prior to the publication of the draft EIRs; b . If a disagreement arises, Petitioners shall promptly notify Real Parties of their objections, concerns or claims of noncompliance, stated with specificity. Real Parties may respond to these concerns either by making changes to the projects or by explaining their reasons for not making changes . If the disagreement continues, Petitioners and Real Parties shall first attempt to resolve that dispute by 6 mutual discussions, and failing that, through a good faith meet and confer process . The party desiring to implement such meet and confer procedures, shall provide to the other affected party( ies) a written notice describing the nature of the disagreement and convene a meet and confer session within 10 days or as soon as reasonably feasible. Thereafter , if necessary, Real Parties and petitioners shall mutually retain an experienced third-party mediator to assist in the resolution of the dispute, with the reasonable fees and costs of such mediator to be borne by the developer . C . Any action for judicial relief regarding any subsequent regulatory approvals issued in connection with the above developments, shall not be filed unless and until a good faith effort has been made to comply with the foregoing meet and confer process . Such a provision shall not prevent a party from timely filing such a legal action in order to comply with an applicable statute of limitations requirement prior to the exhaustion of meet and confer process required above, in which event such litigation would then be held in abeyance to the extent possible until the forgoing meet and confer process was fully pursued in good faith. The parties may establish additional procedures , if deemed necessary. 8 . General Matters : a. Understanding of Terms : The parties agree that this Agreement creates no right to sue on the project prior to project approval by the Board of Supervisors . The parties to this Agreement have read and understand this 7 Agreement and each of its provisions . The parties mutually warrant and represent that this Agreement is executed voluntarily and without duress or undue influence on the part of or on behalf of any party hereto . Each party to this Agreement acknowledges that it has been represented by legal counsel in the negotiations leading to the preparation of this Agreement, has had this Agreement explained by its counsel , and is fully aware of the contents of this Agreement and of its legal effect . b . Severability: If any term of this Agreement, or the application thereof to any person or circumstance, shall be found to any extent to be invalid or unenforceable by a court of law, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is found invalid or unenforceable, shall not be affected thereby, and each remaining term and provision of this Agreement shall be deemed valid and shall be enforced to the fullest extent permitted by law. C . Applicable Law: This Agreement shall be construed in accordance with the laws of the State of California. d. Joint Announcement : The parties agree that when this Agreement has been approved and executed by all the parties hereto, they shall jointly announce the consummation of this Agreement to the press and public intended to give equal 8 and due credit to all parties for their mutual cooperation in arriving at this Agreement . e. Counterparts : This Agreement is to be executed in sextuplicate originals, each of which shall be deemed to be an original of this Agreement . Each party shall retain a fully executed original . f . No Admission of Liability: The parties agree that by entering into this settlement agreement , no party admits liability for any alleged act of non-compliance with statutes , nor any other alleged violation of any statute, rule or ordinance. PETITIONERS: MOUNT BLO AUDUBON SOCIETY By: Dated: AlTstfer McNabney, Chair GREENBELT ALLIANCE By: Dated: Larry Orman, Executive Director APPROVED AS TO FORM: By: ' Dated: Kathryn Burkett Dickson Attorney for the Petitioners Sierra Club, Mount Diablo Audubon Society, and Greenbelt Alliance (Signatures continued on next page) 9 and due credit to .all parties for their mutual cooperation in arriving at this Agreement . e. Counterparts : This Agreement is to be executed in sextuplicate originals, each of which shall be deemed to be an original of this Agreement . Each party shall retain a fully executed original . f . No Admission of Liability: The parties agree that by entering into this settlement agreement, no party. admits liability for any alleged act of non-compliance with statutes , nor any other alleged violation of any statute, rule or -ordinance. PETITIONERS : MOUNT ,DIABLO AUDUBON SOCIETY By: Dated: Alister McNabney, Chair GREENBELT LLIANC .By: Dated: Larry Ormi;a , Xxecut'ive Director APPROVED AS TO FORM: By: Dated: Kathryn Burkett Dickson Attorney for the Petitioners Sierra Club, Mount Diablo Audubon Society, and Greenbelt Alliance (Signatures continued on next page) 9 J . , (Signatures continued from previous page) RESPONDENTS: COUNTY OF CONTRA COSTA AND BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BY: 4o low C 5 Dated: /lo2�� 7--.-) Chair , Board of Supervisors APPROVED AS TO FORM: B37: Dated: 2 �9 3 Silvano B . Marc esi Assistant County Counsel REAL PARTIES IN INTEREST: CHARTERED LAND & rCATTLE CO. �� By: _��_ Dated V --D Dated A.J. alomon V Ili/ < Dated: /L Robert Dal Porto APPROVE AS T ORM: Dated: Pa ricia C Counsel for Real Parties Chartered Land & Cattle Co . , A.J . Salomon, and Robert Dal Porto (Signatures continued on next page) 10 (Signatures continued from previous page) Dated: C /41 Dean Lesher APPROVED AS TO FORM: / • /����2%L-GG /Z /S� �1 Z. Maria P. Rivera Dated: Counsel for Real Party Dean S . Lesher 2393I 11 r SETTLEMENT AGREEMENT This Agreement is entered into this A4,Aday of 1913, by and between the California non-profit corporation, the SIERRA CLUB, ( "Petitioners" ) and the COUNTY OF CONTRA COSTA and BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA, ( "Respondents" or "County" ) and CHARTERED LAND & CATTLE CO. , A.J . SALOMON, ROBERT DAL PORTO, and DEAN S . LESHER ( "Real Parties" or "Developers" ) . RECITALS Whereas, Petitioners have filed two actions in the Contra Costa County Superior court, and two subsequent appeals which are pending in the Court of Appeal , First Appellate District, Division Four : ( 1) Sierra Club, Mount Diablo Audubon Society, and Greenbelt Alliance v. County of Contra Costa and Board of Supervisors of the County of Contra Costa, Respondents, and Chartered Land & Cattle Co . , A.J. Salomon, Robert Dal Porto, and Dean S . Lesher, Real Parties in Interest ( "Specific Plan Case" ) , Contra Costa County Superior Court No . C-90- 03464 , First District Court of Appeal , Division Four, Civ. No . A056311; and (2) Sierra Club, Mount Diablo Audubon Society, and Greenbelt Alliance v. County of Contra Costa and Board of Supervisors of the Court of Contra Costa, Respondents, and A. J. Salomon and Dean S . Lesher , Real Parties in Interest ( "Development Agreement Case" ) , Contra Costa County Superior Court No . C-90-04384 , First District Court of Appeal, Division Four, Civ. No. A059112; and 1 Whereas, in the foregoing actions , Petitioners have challenged the legality of the Bethel Island Area Specific Plan and its underlying environmental impact report ( "EIR" ) , as well as the legality of development agreements between the County and real parties for developments within the Bethel Island plan area; and Whereas, in the Development Agreement case, the trial court entered a judgment against Petitioners and upholding the validity of the development agreements between the County and Real Parties for development within the Bethel Island Area; and Whereas, in the Specific Plan Case, the trial court entered judgment against Petitioners and upholding the legality of the Bethel Island Area Specific Plan and its EIR; and Whereas, on November 4 , 1992, the Court of Appeal issued its opinion in the Specific Plan Case, ordering that a writ of Mandate issue directing the County to vacate its certification of the Bethel Island Area Specific Plan EiR and its approval of the Bethel Island Area Specific Plan, and awarding attorneys ' fees to Petitioners under Code of Civil Procedure section 1021 . 5 (attached hereto as Exhibit A) ; and Whereas, the Development Agreement Case is currently pending in the Court of Appeal , with no briefs having yet been submitted by the parties; and Whereas, in August, 1992, the County issued and circulated a draft EIR for the Cypress Lakes and Country Club Project ( "Cypress Lakes" ) proposed for development in the 2 Bethel Island Plan area by real party Chartered Land & Cattle Co . ; and Whereas , Petitioners filed comprehensive comments on the Cypress Lakes project, raising a number of environmental concerns; and Whereas, in response to Petitioners ' and others ' comments the Cypress Lakes project draft EIR is currently being revised for recirculation; and Whereas , the parties have commenced settlement negotiations with the view toward resolving the issues which gave rise to the foregoing actions on terms mutually acceptable to the parties; and Whereas, having now reached an agreement on the terms of a settlement, the parties desire to set forth that agreement by way of this Settlement Agreement . The parties therefore agree as follows : 1 . Vacation of Approvals : The County and Real Parties will take all actions necessary to accomplish the following: a . Specific Plan EIR: The County will vacate its July 10, 1990 certification of the Bethel Island Area Specific Plan EIR; b. Bethel Island Area Specific Plan: The County will vacate its approval of the Bethel Island Area Specific Plan adopted July 10 , 1990 and amended on April 16, 1991 , as well as the findings and statement of overriding 3 considerations supporting that plan; C . Development Agreements : The County and Real Parties will rescind the development agreements adopted on January 8, 1992 entered into with A.J. Salomon and Dean S . Lesher for developments in the Bethel Island Specific Plan area. 2 . No Petitions for Review or Requests for Depublication: The parties agree that they will file no petitions for review by the Supreme Court of the Court of Appeal decision in the Specific Plan case, nor will the County or Real Parties file any request, or join in any request , for depublication of the Court of Appeal decision with either the Court of Appeal or the Supreme Court . 3 . Dismissal : Upon execution of this agreement, Petitioners agree to inform the Court of Appeal in the Development Agreement Case that the matter has been settled, and to file within ten days a dismissal of their appeal in that case. 4 . Revision and Recirculation of Cypress Lake EIR: The County and Chartered Land & Cattle have determined to and are currently revising and preparing to recirculate the Cypress Lakes and Country Club Project EIR for further public comment and hearing. 5 . Attorneys ' Fees : As further consideration for this Agreement, Real Par t' s Chartered Land & Cattle, A.J. Salomon will pay $122 , 500 . 000 and Real Party Dean S . Lesher will pay $122, 500 . 000 to petitioners in 4 payment of their attorneys ' fees and costs incurred in these matters . 6 . Future Permit Process and CEQA Review: The parties understand and agree that Real Parties intend to seek approvals from the County for developments in the Bethel Island area. The parties understand and acknowledge that those projects are described in the applications for : Rezoning (No . 2918-RZ) , Vesting Tentative Maps (Subdivision 7562) and Preliminary and Final Development Plan (D. P. 3032-90) ; Rezoning (No . 2917-RZ) , Vesting Tentative Map (Subdivision 7588) , and Preliminary and Final Development Plan (D .P. 3131-90) . Such permit processing will require the preparation and review of additional environmental documents including, by Real Party Lesher, an environmental impact report as required by the California Environmental Quality Act ( "CEQA" ) , and by Real Party Chartered, revision and recirculation of the draft EIR for the Cypress Lakes Project . 7 . Review and Alternative Dispute Resolution Process : The parties further acknowledge that Petitioners have raised concerns regarding the environmental impacts of such development . To attempt to avoid future disputes and litigation as to the adequacy of future environmental documents and/or the legality of future permits or approvals , the parties agree to cooperate in good faith and work constructively to ensure that the scoping, review and processing of further environmental documents and regulatory approvals are undertaken 5 in a timely manner and will reasonably and adequately address environmental concerns raised by the proposed projects . By executing this Agreement, the parties acknowledge and agree that it is their intent not only to resolve their existing disputes which gave rise to the foregoing lawsuits , but also to establish a framework to avoid future disagreements and litigation to the maximum extent possible in connection with the development of Real Parties ' proposed projects in the Bethel Island area, and to resolve expeditiously and economically any disputes that might arise . The parties therefore agree to work together to develop a process, which includes alternative dispute resolution (ADR) mechanisms to avoid costly and time—consuming litigation to the maximum extent possible, and will consider the following phases for inclusion into that process . The County may, at its option, agree to participate in the following or any additional procedures . a. Real Parties and Petitioners shall meet informally to discuss Real Parties ' proposed development plans, prior to the publication of the draft EIRs; b. If a disagreement arises, Petitioners shall promptly notify Real Parties of their objections, concerns or claims of noncompliance, stated with specificity. Real Parties may respond to these concerns either by making changes to the projects or by explaining their reasons for not making changes . If the disagreement continues, Petitioners and Real Parties shall first attempt to resolve that dispute by 6 ' mutual discussions, and failing that, through a good faith meet and confer process . The party desiring to implement such meet and confer procedures, shall provide to the other affected party( ies) a written notice describing the nature of the disagreement and convene a meet and confer session within 10 days, or as soon as reasonably feasible. Thereafter , if necessary, Real Parties and petitioners shall mutually retain an experienced third-party mediator to assist in the resolution of the dispute, with the reasonable fees and costs of such mediator to be borne by the developer . C . Any action for judicial relief regarding any subsequent regulatory approvals issued in connection with the above developments, shall not be filed unless and until a good faith effort has been made to comply with the foregoing meet and confer process . Such a provision shall not prevent a party from timely filing such a legal action in order to comply with an applicable statute of limitations requirement prior to the exhaustion of meet and confer process required above, in which event such litigation would then be held in abeyance to the extent possible until the forgoing meet and confer process was fully pursued in good faith. The parties may establish additional procedures, if deemed necessary. 8 . General Matters : a. Understanding of Terms : The parties agree that this Agreement creates no right to sue on the project prior to project approval by the Board of Supervisors . The parties to this Agreement have read and understand this 7 Agreement and each of its provisions . The parties mutually warrant and represent that this Agreement is executed voluntarily and without duress or undue influence on the part of or on behalf of any party hereto . Each party to this Agreement acknowledges that it has been represented by legal counsel in the negotiations leading to the preparation of this Agreement, has had this Agreement explained by its counsel , and is fully aware of the contents of this Agreement and of its legal effect . b . Severability: If any term of this Agreement, or the application thereof to any person or circumstance, shall be found to any extent to be invalid or unenforceable by a court of law, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is found invalid or unenforceable, shall not be affected thereby, and each remaining term and provision of this Agreement shall be deemed valid and shall be enforced to the fullest extent permitted by law. C . Applicable Law: This Agreement shall be construed in accordance with the laws of the State of California. d. Joint Announcement : The parties agree that when this Agreement has been approved and executed by all the parties hereto, they shall jointly announce the consummation of this Agreement to the press and public intended to give equal 8 and due credit to all parties for their mutual cooperation in arriving at this Agreement . e. Counterparts This Agreement is to be executed in sextuplicate originals, each of which shall be deemed to bean original of this Agreement . Each party shall retain a fully executed original . t f . No Admission of Liability: The parties agree that by entering into this settlement agreement, no party admits liability for any alleged act of non-compliance with statutes , nor any other alleged violation of any statute, rule or ordinance. PETITIONERS : THE SIERRA CLUB, a non-profit corporation By: pa'6� Dated: C pier Chair Bay Ch pter Sierra Club APPROVED AS TO FORM: By: Dated: athryn Burkett Dickson Attorney for the Petitioners Sierra Club, Mount Diablo Audubon Society, and Greenbelt Alliance RESPONDENTS : COUNTY OF CONTRA COSTA AND BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY By: fDl Dated: Chair., Board of Supervisors . (Signatures continued on next page) (Signatures continued from previous page) APPROVED AS TO FORM: By: . h Dated: 25 993 i vano B . Ma chesi Assistant County Counsel REAL PARTIES IN INTEREST : CHARTERED LAND & CATTLE CO. BY: \ Dated: / l Dated: A. J. alomon Dated: �2 /�' Robert Dal Porto OVED AS TO FORM: r—-), Dated: Pa ricia n Counsel for Real Parties Chartered Land & Cattle Co . , A.J. Salomon, and Robert Dal Porto Dated,: Dean S . Lester c APPROVED AS TO FORM: Dated: / Maria P. Rivera IF Counsel for Real Party Dean S . Lesher 2386I 10