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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />SETTLEMENT OF DISPUTED CLAIMS <br />3. The Parties enter into this Stipulation pursuant to a compromise and settlement of <br />disputed claims set forth in the First Amended Complaint. Defendants do not admit any <br />allegation, finding, or determination alleged in the First Amended Complaint, this Stipulation, or <br />the Violations Summary attached as Exhibit C. Defendants' agreement to this Stipulation and <br />Judgment is not an admission regarding any issue of law or fact alleged by the State Water Board <br />and may not be construed as an admission by any party or third party. However, Defendants <br />stipulate that the violations set forth in the First Amended Complaint and this Stipulation and <br />Judgment shall be deemed to be admitted for the sole purpose of establishing a repeat violation in <br />any subsequent action or administrative proceeding brought by any regulatory agency, except <br />violations shall not be deemed admitted for the Covered Facility located at 6421 Capital Avenue, <br />Lodi, CA. All defendants not a party to this Stipulation shall be dismissed without prejudice. <br />APPLICABILITY <br />4. This Stipulation and Judgment applies to: (1) Defendants through each of their <br />respective officers, directors, agents, employees, contractors, consultants, representatives, <br />successors, assigns, receivers, trustees, and all persons, partnerships, corporations, and other <br />entities acting under, on behalf of, or in concert with Defendants; and (2) The 11 underground <br />storage tank facilities listed in the First Amended Complaint filed in this action collectively <br />referred to as the "Covered Facilities," and identified on Exhibit B attached to this Stipulation. <br />This Stipulation and Judgment does not impose liability on any third party other than the named <br />Defendants. <br />MATTERS RESOLVED BY THIS STIPULATION AND JUDGMENT <br />5. This Stipulation and Judgment are a final and binding resolution of all claims, <br />violations, and causes of action specifically identified in the Violations Summary, attached as <br />Exhibit C to this Stipulation, and alleged by the State Water Board in the First Amended <br />Complaint under the California Health and Safety Code, division 20, chapter 6.7, and California <br />Code of Regulations, title 23, section 2610 et seq. against any Defendant as an owner or operator <br />of the Covered Facilities during the periods of ownership and operation by any Defendant from <br />3 <br />Stipulation for Entry of Final Consent Judgment (Case No. 34-2014-00164107 ) <br />