SETTLEMENT AGREEMENT AND RELEASE

THIS SETTLEMENT AGREEMENT AND RELEASE (the "Agreement") is made by and between:

(a) W. ROBERT RILEY, in his official capacity as PRESIDENT-ELECT OF THE ROCKY MOUNTAIN LLAMA AND ALPACA ASSOCIATION, on behalf of all of the "Plaintiffs" in the draft Complaint For Declaratory and Injunctive Relief (the "draft Complaint") attached hereto as Exhibit A, and hereinafter referred to as "Plaintiffs", and

(b) WALTER W. DABNEY, in his official capacity as SUPERINTENDENT OF THE SOUTHEAST UTAH GROUP, NATIONAL PARK SERVICE, on behalf of all of the "Defendants" in the draft Complaint, and hereinafter referred to as "Defendants".

This Agreement is effective as of the date of execution of this Agreement by the last of the Plaintiffs and Defendants (hereinafter collectively the "Parties") as shown on the signature pages (the "Effective Date"), subject to the terms and conditions contained below.

RECITALS

WHEREAS, certain disputes, which are contained in the draft Complaint, have arisen between Plaintiffs and Defendants concerning Defendants' prohibition against llamas entering Canyonlands National Park; and

WHEREAS, as a result of these disputes, Plaintiffs drafted and have been prepared to file a Complaint for Declaratory and Injunctive Relief in the United States District Court for the District of Utah, Central Division, captioned ROCKY MOUNTAIN LLAMA AND ALPACA ASSOCIATION, UTAH LLAMA ASSOCIATION, ELDON G. REYER, JAMES SCOTT WOODRUFF, W. ROBERT RILEY, ROBERT A. FERRIS, LOUGENE ANN BAIRD, MICHAEL JAMES BROWN, VICTORIA EVERHART, CHARLIE HACKBARTH, DARYL OWEN WOOD, STEVEN KYRIOPOULOS, JERRY DUNN, AND JODI J. ROBINSON, Plaintiffs, v. BRUCE BABBITT, in his official capacity as SECRETARY OF THE INTERIOR, the UNITED STATES DEPARTMENT OF THE INTERIOR; ROGER KENNEDY, in his official capacity as DIRECTOR OF THE NATIONAL PARK SERVICE, THE NATIONAL PARK SERVICE, JOHN COOK, in his official capacity as DIRECTOR OF THE INTERMOUNTAIN FIELD OFFICE, NATIONAL PARK SERVICE, and WALTER W. DABNEY, in his official capacity as SUPERINTENDENT OF THE SOUTHEAST UTAH GROUP, NATIONAL PARK SERVICE, Defendant; and

WHEREAS, the Parties to this Agreement desire to settle these disputes and to provide for a release by Plaintiffs of Defendants with respect to claims that were asserted in the draft Complaint in exchange for the issuance of the document described below; and

WHEREAS, each of the Parties to this Agreement has received all approvals necessary to enter into this Agreement and has authorized the person signing the Agreement on its behalf to commit such party to each and all of the terms and conditions hereof,

NOW THEREFORE, in consideration of the mutual promises described herein, the Parties agree as follows:

1 . The Parties agree that Walter D. Dabney, in his official capacity as Superintendent of the Southeast Utah Group, National Park Service, will within ten (10) days of the Effective Date execute and issue a document identical to that attached hereto as Exhibit B.

2. The Parties further agree that in consideration for Defendant Dabney executing and issuing a document in the identical form of Exhibit B, the Plaintiffs hereby waive and release all claims asserted in the draft Complaint against Defendants, which claims arose on or before the Effective Date of this Agreement. Plaintiffs agree not to assert or file these claims in any judicial or administrative forum. Plaintiffs also waive any and all claims for attorneys' fees and costs arising from its claims under the draft Complaint identified in Exhibit A.

3 . The Parties further agree that, in executing this Agreement, they do so after receiving independent legal advice from their respective attorneys with regard to the facts involved and the controversy herein compromised.

4. The Parties acknowledge that this Agreement constitutes the entire understanding between and among them with respect to the subject matter hereof, and supersedes all other agreements, written or oral, between the Parties, with respect to such subject matter. Each of the Parties acknowledges and states for itself that it has not relied on any representations, warranties, promises, inducements, or understandings, oral or otherwise, except as specifically incorporated into this written settlement agreement. This Agreement may not be changed, modified or amended in any respect except by written instrument duly executed by all the Parties to this Agreement, specifying that they intend to amend this Agreement.

5. This Agreement has been the subject of negotiations and discussions between and among the Parties. It has been and shall be construed to have been drafted by all the Parties, so that any rule of construing ambiguities against the drafter shall have no force and effect. In addition, if any portion or term of this Agreement is held unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall not be affected and shall remain fully in force and enforceable.

IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the date set forth underneath their respective signatures.

 

W. Robert Riley, on behalf of all of the Plaintiffs named in the draft Complaint

W. Robert Riley
President-Elect of the Rocky Mountain Llama and Alpaca Association

Walter D. Dabney, on behalf of all of the Defendants in the draft Complaint

Walter D. Dabney
Superintendent of the Southeast Utah Group, National Park Service

Summary of Events (Read this first)
Dabney's Memo (Llamas are not a threat!)
The Complaint for Injunctive Relief (This was our complaint)

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