Connecticut Fund for the Environment, Inc. d/b/a Save the Sound v. Westchester County, New York

Filing 192

STIPULATED ORDER WITH RESPECT TO DEFENDANT CITY OF RYE: NOW, THEREFORE, without the trial of any issue of fact or law, without the admission by Defendant of any of the facts or violations alleged in the Complaint, upon consent of the Parties, and upon consideration of the mutual promises contained herein, IT IS HEREBY STIPULATED BETWEEN THE PARTIES AND ORDERED, ADJUDGED AND DECREED BY THE COURT AS FOLLOWS: Consent. For purposes of this Order, or any action to enforce the Order, Rye consents to the Court's jurisdiction over this Order. For purposes of this Order, Rye consents to venue in this judicial district, as further set forth. Environmental Benefit Payment. Rye shall place One Hundred and Fifty Thousand Dollars ($15 0,000) into escrow, all of which shall be for use on a project(s) relating to the reduction, mitigation, and/or remediation of pollution or of the effects of pollution in the Long Island Sound and its tributary waters ("EBP Fund"). Rye shal l work with stuff or with an external consultant to develop the project(s). If Rye uses an external consultant, Rye may draw not more than $5,000 from the EBP Fund to cover the costs of such consulting. Rye shall present the project(s) for appro val to Plaintiffs, which approval shall not be unreasonably withheld provided that the project(s) is additional and restores or protects local waters. If the entire EBP Fund has not been apportioned to approved project(s) within ninety (90) days of the Effective Date, either Party may submit the matter for dispute resolution under Section XV of this Order. 13. Fees, Costs, and Expenses. Rye shall pay a sum of One Hundred and Forty Thousand dollars ($140,000) as full and complete satisfac tion of Plaintiffs' claims for attorneys' fees and costs incurred to date, including investigative and expert costs, against Rye. The payment will be placed in escrow with Rye's attorney within thirty (30) days of the Parties' exe cution of this Order and will be transferred to Plaintiffs' attorney on or before the 7th day after the Effective Date of this Order. The check shall be payable to "Super Law Group, LLC Attorney Trust - IOLA". Payments will be deposi ted in Super Law Group's IOLA Trust Account for the benefit of the Plaintiffs, as further set forth in this Order. 65. Entry of this Order constitutes Final Judgment under Rule 54 of the Federal Rules of Civil Procedure. Appendices A-E (within Doc 191) are deemed attached to and incorporated herein. City of Rye terminated. (Signed by Judge Cathy Seibel on 2/24/2021) (mml)