The Settlement Agreement. On November , 2016, the Parties 13 entered into a settlement agreement resolving all of the issues in the Lawsuits and related 14 issues in connection with the SR 241 Extension Project (“Settlement Agreement”). A 15 true and correct copy of the Settlement Agreement is attached to, and incorporated by 16 reference into, the [Proposed] Judgment Confirming and Implementing Settlement (“Final 17 Judgment”), attached hereto as Attachment A. The Parties desire to have the Settlement 18 Agreement incorporated into a judgment to give the settlement binding effect within the 19 litigation, with the Court to exercise continuing jurisdiction under Code of Civil 20 Procedure § 664.6 to ensure that the terms of the settlement are carried out.
The Settlement Agreement. 6.1. Where Settlement is reached and has been approved by the Board of the Commission, the terms of the Settlement will be formalised in a signed Settlement Agreement (“Agreement”).
6.2. The Agreement will set out :
a) the relevant facts pertaining to the case;
b) the wrongdoing and/ or non-compliance admitted by the licensee;
c) the acceptance of responsibility for the wrongdoing and/or non- compliance;
d) the nature, quantum and/or duration of any agreed sanction and/or any remedial steps which the licensee has agreed to take (as the case may be);
e) that the licensee has read and understood the Agreement and by signing the Agreement, the licensee agrees to be bound by the terms of the Agreement;
f) that the licensee has signed the Agreement voluntarily and without duress or coercion;
g) that the licensee waives his right to appeal and contest any term of the Agreement; and
h) that the licensee certifies as to the completeness and accuracy of information that the licensee has provided to the Commission in connection with the matter. Further, that the licensee acknowledges that the Commission has relied upon, among other things, the completeness of the information provided by the licensee.
6.3. The outcome reached following Settlement discussions will form part of the regulatory history of the licensee and may be taken into account in any subsequent regulatory decisions3 that are made concerning the licensee.
6.4. A decision reached following Settlement discussions will not be regarded as a binding precedent for other matters that are being considered for Settlement. However such outcomes may be treated as persuasive.
The Settlement Agreement. The Owner, the City, the District and certain other community facilities districts of the City entered into that certain Settlement Agreement (the “Settlement Agreement”) dated February 7, 2017, which is incorporated herein by this reference. This Acquisition Agreement is intended to, among other things, implement the terms of Sections 4 and 5 of the Settlement Agreement. Under the Settlement Agreement, the Owner and the City are to enter into this Acquisition Agreement and similar acquisition agreements with respect to the Improvement Area, the City’s Community Facilities District No. 2016-2, the City’s Community Facilities District No. 2016-3 and Improvement Areas 8E and 17D of the District (the “Other Acquisition Agreements”) in order to, among other things, provide the terms pursuant to which the Owner is to design and construct certain DIF Improvements (defined below) or advance funds to the City to design and construct other DIF Improvements. The amount of the advances and expenditures for DIF Improvements shall be reimbursed to the Owner from the proceeds of special taxes and bonds of the Improvement Area as specifically provided for in this Acquisition Agreement. Under the Settlement Agreement, the Owner has the right to receive a credit against DIFs for its design and construction of identified DIF Improvements.
The Settlement Agreement. 3.1 contemplates the establishment of a local economic development trust (the "Trust"), which is entitled to certain benefits under the Settlement Agreement;
3.2 grants certain stipulatio axxxxx (the "Stipulations") in favour of the Trust, which may be accepted by the Trust upon the establishment thereof.
The Settlement Agreement. Is Reasonable in Light of the Record as a Whole
The Settlement Agreement. If you would like to obtain a complete copy of the Settlement Agreement and the exhibits, you may review them at xxx.XxxxxxXXXXxxxxxxxxx.xxx/xxxxxxxxxx documents.
The Settlement Agreement as the conclusion of mediation
6.3 Continuing discourse in the days and weeks following the mediation.
The Settlement Agreement. In December 2020 the State of North Dakota (ND) entered into a Settlement Agreement with the United States Department of Justice (USDOJ), resolving complaints alleging that the State fails to administer long-term services and supports to adults with physical disabilities in the most integrated setting appropriate, as required by Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12131-12134, and its implementing regulation, 28 C.F.R. §§ 35.101-35.190. The USDOJ notified North Dakota that it was opening an investigation in December 2015, after the USDOJ received complaints alleging that complainant adults with physical disabilities were capable of, and did not oppose, living in integrated community settings with the types of community-based services that already exist in the State’s long-term care service system. Complainant adults further alleged that they and others like them could not access and maintain necessary community-based services and were forced to enter, or were at serious risk of entering, nursing facilities to receive care. Both parties (USDOJ and the State of ND) recognize that providing adequate community-based services is the most effective way to enable individuals with disabilities to remain in or return to home and community settings and are committed to full compliance with the ADA. To achieve the goal of long-term services being provided in the most integrated setting, the State has committed to developing and implementing effective measures to prevent unnecessary admissions to nursing facilities and to successfully transitioning nursing facility residents to the community where appropriate and unopposed. For the purposes of the Settlement Agreement, a Target Population Member (TPM) is “an individual with a Physical Disability over the age of 21 who is eligible or likely to become eligible to receive Medicaid long term services and supports and is likely to require such services for at least 90 days. The target population is comprised of:
The Settlement Agreement. Mediators are not encouraged to participate in assisting the parties to draft their settlement agreement. Your RICS Mediator may not have a legal background, even though he or she will be experienced in the type of dispute being mediated. RICS Mediators will therefore generally not participate in drafting the settlement where you or the other party has legal representation. If that is not the case the Mediator will encourage you either to settle the agreement yourselves, or at least the heads of agreement, and then have a lawyer provide such additional detail as is necessary.
The Settlement Agreement. On page 1 of his contested settlement direct testimony, BMP witness Xxxxxx alleges
