UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
WESTERN DIVISION

___________________________________

UNITED STATES OF AMERICA,

           Plaintiff,

and

KENNETH WILLIAMS, et al.,

Intervenor-Plaintiffs,

and

C & E TOBACCO, et al.,
Intervenor-Plaintiffs,

CITY OF AGAWAM,
MASSACHUSETTS,
THE AGAWAM BOARD OF APPEALS,
et al.,

           Defendants.

___________________________________

SETTLEMENT AGREEMENT AND CONSENT ORDER

The United States initiated this action on September 17, 2002, to enforce the provisions of the Fair Housing Act, as amended, 42 U.S.C. §§ 3601, et seq. ("the Fair Housing Act"). The United States alleges in its Complaint that the Defendants, the City of Agawam et al., have discriminated on the basis of race, color and national origin in violation of the Fair Housing Act by denying approval to a local farmer and his wife, Calvin J. Arnold, Jr. and Elaine R. Arnold ("the Arnolds") of C & E Tobacco, Inc. ("C & E"), who were seeking to construct a residence on C & E property for twenty-seven (27) black Jamaican and Hispanic Puerto Rican seasonal workers hired by C & E pursuant to the "H-2A program," a federal program designed to aid United States' farmers in filling temporary labor shortages. The United States alleged, among other things, that the Defendants opposed the proposed housing because of local residents' opposition to the housing based on the race, color and national origin of the workers, thereby making housing unavailable and denying dwellings to persons in violation of 42 U.S.C. § 3604(a). The Complaint further alleges that by doing so, the City denied to a group of persons rights granted by the Fair Housing Act and that such denial raises an issue of general public importance, pursuant to 42 U.S.C. § 3614(a).

The Arnolds and C & E subsequently intervened as Plaintiffs in this action, alleging discrimination in violation of federal and state civil rights laws based on the Defendants' discriminatory actions described above. Four black Jamaican farm workers who had worked in the H-2A program for C & E farming tobacco also intervened ⁽¹⁾ on behalf of themselves and all others similarly situated, alleging similar federal and state claims, as well as violations of the Equal Protection Clause of the United States Constitution. The Plaintiffs believe that the allegations in the Complaint justify the remedies agreed to by the parties and set forth below.

The Defendants deny all allegations in the complaints and contend that all of their actions and decisions were based on legitimate and nondiscriminatory reasons. The performance of any acts under this Settlement Agreement and Consent Order [hereinafter the "Order"] does not constitute any admission whatever on the part of the Defendants. The parties desire to avoid costly and protracted litigation and agree that this action should be compromised, settled and resolved without further litigation. Therefore, the parties have agreed to the entry of this Order.

IT IS HEREBY AGREED AND ORDERED AS FOLLOWS:

1. The following terms when used in this Order, shall have the following meaning:

1. "The City" and "The City of Agawam" refer to the City of Agawam, its employees, elected or appointed officials, officers, agents, and persons or entities acting in concert or participation with the City of Agawam;
2. "The H-2A program" refers to a federally regulated guest-worker program, which was designed to aid United States farmers in filling temporary labor shortages, pursuant to 8 U.S.C. § 1101(a)(15)(H)(ii), § 1188 and 20 C.F.R. § 655.0 et seq.;
3. "Multi-family housing" refers to buildings or structures containing more than four (4) units or which are occupied as, or designed or intended for occupancy as, a residence by more than four (4) households;
4. "Household" refers to a family or a single person (such as a farm worker);
5. "Farm worker claimants" refers to all Jamaican and Hispanic farm workers who were employed by C & E during the 2001, 2002, 2003 and 2004 seasons and were housed by C & E at either the Enfield (Jarmoc) camp or the Suffield camp; and

6. "The effective date of the Order" refers to the date the Court enters the Settlement Agreement and Consent Order.

II.     GENERAL NONDISCRIMINATION PROVISIONS

2. Defendants shall not for the term of this Order:

1. unlawfully deny or otherwise make unavailable a dwelling because of race, color or national origin;
2. unlawfully discriminate on the basis of race, color or national origin in processing, reviewing or granting building permits, variances, special use permits and site plan applications for residential use;
3. unlawfully discriminate on the basis of race, color or national origin in any aspect of the administration of its zoning procedures relating to residential uses; and
4. coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right protected by the Fair Housing Act.

III.     SPECIFIC INJUNCTIVE RELIEF

3. Within thirty (30) days of the effective date of this Order, the City will issue a building permit to C & E to allow it to build, as a matter of right, a residence for twenty-seven (27) seasonal farm workers at 101 North West Street in Agawam, Massachusetts ("the residence"). Within three (3) business days of the effective date of this Order, the Defendants shall file a voluntary dismissal of their appeal in C & E Tobacco, Inc. v. The City of Agawam, Docket No. 03-CV0044 (Hampden County, Housing Court Department of the Trial Court).

4. During and after construction of the residence, the City shall make a good faith effort to expedite the process for the review of all permits, licenses or other types of authorization or inspection necessary to allow C & E to build and operate the residence.

5. Upon proper submission and approval of appropriate plans and applications, and upon the issuance of necessary permits, the City shall allow C & E to build, as a matter of right, greenhouses, sheds and/or barns on its property located on North West Street, Agawam.

6. The City reserves the right to ensure that the construction and operation of the residence complies at all times with state and local laws, including health and safety codes.

IV.     MODIFICATION OF LOCAL ZONING CODE AND CITY POLICIES

7. The City shall amend its zoning ordinance within ninety (90) days to state that housing for farm workers on: a) land zoned agricultural and/or b) on parcels of land exceeding five (5) acres and used for agricultural purposes, constitutes a building(s) or structure(s) accessory to farming pursuant to Agawam Zoning Code § 180-37, and that such housing is a permitted use as of right. The zoning amendment required by this paragraph (making farm worker housing a permitted use as of right) shall be applicable to all requests for site plan, building permit and all other approvals relating to farm worker housing, whether the request(s) involve the use, expansion, reconstruction of existing structures, and/or new construction of buildings or structures. Within ten (10) days of adopting this amendment, the City shall send a copy of the amendment by facsimile and first class mail to the United States. ⁽²⁾ Nothing in this Order restricts the City's discretion to reasonably regulate a permitted use as of right in a non-discriminatory manner that is consistent with state zoning law.

8. The City will no longer use the version of the City's Site Plan Application form that was in effect in January 2001 ("Form D"), which required an applicant for approval of a Site Plan to submit the application initially to the Agawam Planning Board. Any and all Site Plan Application form(s) shall direct applicants to submit such applications to the Building Department.

9. The City shall process site plan applications for multi-family housing for the duration of the Order in the following manner consistent with Agawam Zoning Code § 180-13(C):

1. All such applications for site plan approval shall be submitted to the Building Department, and shall be date stamped on the day they are submitted. The Inspector of Buildings will determine whether the proposed use of the plan is an allowed use under the Agawam Zoning Code;
2. If the proposed use is an allowed use and site plan approval is required, the Office of the Building Inspector will inform the Agawam Planning Board of this determination in writing within five (5) days after receipt of the application, and forward the application to the Agawam Planning Board for site plan review, prior to a formal building permit review; and
3. If the Building Inspector determines that the proposed use is not an allowed use, the Office of the Building Inspector will notify the applicant of this determination in writing within ten (10) days after receipt of the application, advising him or her of the grounds for the determination and that such determination may be appealed to the Board of Appeals.

10. In all instances in which the Building Inspector determines that a proposed use for property that is the subject of a site plan application (involving residential multi-family housing) is not an allowed use or where the Building Inspector denies an applicant a building permit, the Office of the Building Inspector shall inform the applicant in writing of his or her rights to appeal each decision, including to whom it may be appealed and the time within which to appeal.

11. The Planning Board shall maintain all site plan application files and records. The Building Inspector shall maintain all building permit application files and records. The Planning Board shall provide applicants for site plan approval with timely notice of all Planning Board meetings associated with each site plan application.

V.     FAIR HOUSING TRAINING

12. The City shall provide training with respect to the requirements of the Order and the Fair Housing Act for the following City of Agawam personnel: the members of the Agawam Board of Appeals, the members of the Agawam City Council, the members of the Agawam Planning Board, the Mayor, the Town Solicitor, the Building Inspector, and the Director of Planning and Community Development, within ninety (90) days of the effective date of this Order, as described below:

1. The training shall be conducted in person by a qualified third party, unconnected to the City or its employees, officials, agents or counsel, and any expenses associated with this training shall be borne by the City. The City shall notify the United States of the name, address and professional background of the trainer the City selects at least thirty (30) days in advance of the training. The United States may object to the trainer the City selects within ten (10) days of receipt of the notice, in which case the City shall select an alternate trainer acceptable to the United States;
2. The trainer shall provide a copy of this Order to each person who attends the training(s);
3. The City shall provide to the United States within thirty (30) days after the initial and each subsequent training, certifications executed by those attending the training confirming their attendance and the date of each training session (in the form of Attachment A) and certifications (in the form of Attachment B) indicating that he or she has read and understands the Order; and
4. Any employee who commences employment or service in any of the positions listed in this paragraph as "City of Agawam personnel," within the first forty-two (42) months from the effective date of this Order [hereinafter "successor employees"] shall: 1) attend the Fair Housing Training required by this paragraph; 2) be given a copy of this Order; and 3) be required to sign and submit the certifications acknowledging that he or she has received the training and has read and understands the Order (Attachments A and B). The training for each successor employee shall be completed within six (6) months of the date he or she commences employment or service, except that successor employees who begin service between forty (40) months and forty-two (42) months from the effective date of this Order shall attend the training and sign and submit Attachments A and B within three (3) months of the date he or she commences employment or service.

VI.     COMPLIANCE

13. Within ten (10) days of the effective date of the Order, the City shall designate a City employee or official to receive complaints of alleged housing discrimination against the City and coordinate the City's compliance with this Order. The designated person shall maintain copies of this Order, the HUD Complaint form and the HUD pamphlet entitled "Are you a victim of housing discrimination?" (HUD official form 903 and 903.1, respectively) and make these materials freely available to anyone, upon request, without charge, including all persons making housing discrimination complaints to the City. The City shall notify the United States in writing of the name, address, and title of the designated person within thirty (30) days of the entry of this Order.

14. The City shall prepare biannual reports that detail all actions it has taken to fulfill its obligations under the Order. Defendant shall submit its first Compliance Report to the United States within six (6) months of the effective date of the Order, and subsequent reports every six (6) months thereafter for the duration of the Order except that the final report shall be delivered to the United States not less than sixty (60) days prior to the expiration of the Order.

15. The City shall include the following information in the Compliance Reports:

1. the name, address, and title of the City employee or official who is serving as the designated person referred to in paragraph 13;
2. copies of the training certification and acknowledgment forms signed since the last report;
3. any written complaint received since the last report alleging that the City has discriminated in the sale or rental of housing, has otherwise denied housing or made housing unavailable, or has otherwise violated the Fair Housing Act. The City shall indicate any action it has taken in response to the complaint, and shall include all pertinent documents, including a copy of the complaint, any documents filed with the complaint, and any written response to the complaint by the City;
4. the identity of each zoning application related to farm worker housing (including those for building permits, site plans, variances or special permits) for which the City has made a determination, indicating: 1) the date of the application; 2) the applicant's name; 3) the applicant's current residential street address; 4) the street address of the proposed housing; 5) disposition of the application, including any appeals, indicating reasons for that outcome; and 6) if a vote was taken by City officials, the date of each vote and the minutes of any and all meetings relating to each application; and
5. all documents presented in support of oral testimony offered by the public at any public hearings held with respect to zoning applications related to farm worker housing that are denied by the Building Inspector, the Planning Board and/or the Zoning Board of Appeals.

16. For the duration of this Order, the City shall maintain all records relating to implementation of and compliance with all provisions of this Order, including, but not limited to, all records related to zoning applications involving farm worker housing. The United States shall have the opportunity to inspect and copy any records maintained as required by this Order after giving reasonable notice to Defendants.

VII.    MONETARY DAMAGES

17. Within twenty-one (21) days after the effective date of this Order, the City shall pay monetary relief to the farm workers who have been injured as a result of Defendants' conduct as described in the United States' Complaint [hereinafter "farm worker claimants"] by forwarding to J. Paterson Rae, Esq. a check made payable to Western Massachusetts Legal Services, Inc. ("WMLS"), in the amount of one hundred twenty-five thousand dollars ($125,000). The amount specified in this paragraph shall include attorneys fees and costs for the farm workers' counsel. Within ten (10) days of receipt of this payment, WMLS shall deposit the funds in an interest-bearing account for the benefit of the farm workers as set forth below.

18. The fund created by paragraph 17 on behalf of the farm worker claimants shall be used to fully compensate all Jamaican and Hispanic farm workers who were employed by C & E during the 2001, 2002, 2003 and 2004 seasons and were housed by C & E at either the Enfield (Jarmoc) camp or the Suffield camp. A list of all such workers is appended as Attachment C It is the intent of all parties to this action and their counsel that this Order and the fund created herein will operate to compromise and settle any and all claims of the farm worker claimants described above.

19. Any farm worker who alleges that he was injured by the Defendants' conduct shall have one hundred twenty (120) days from the date of the entry of this Order to file a claim with the United States or with WMLS. Only farm workers who worked for C & E through its H-2A program in years 2001 through 2004 (or in any individual year or years during this time frame) shall be eligible to submit a claim. Individuals may only submit one claim, but may make a claim for more than one year, if they worked for C & E farming tobacco in more than one year during the 2001 through 2004 growing seasons.

20. The United States and WMLS shall investigate all claims filed and, no later than ninety (90) days after the deadline for filing claims, shall make a preliminary determination of which persons are aggrieved and an appropriate amount of damages that should be paid to each claimant.

21. The United States and WMLS shall provide the Defendants with a copy of the preliminary determination made as required by paragraph 20, above. The Defendants shall have ten (10) days from receipt of the preliminary determination to provide any comments on the preliminary determination to counsel for the Plaintiffs. The United States and WMLS shall then submit their final recommendation for the proposed distribution of funds ("the final recommendation") to the Court for approval with a request that the Court issue an order approving the final recommendation. No claimant shall be paid until he has executed and delivered to counsel for the Plaintiffs the release of claims attached to this Order as Attachment D.

22. Within ten (10) days after the effective date of the Order, the City shall pay monetary relief by forwarding to Robert S. Murphy, Jr., Esq. a check made payable to C & E Tobacco, Inc. and Bacon & Wilson, P.C., in the amount of one hundred twenty-five thousand dollars ($125,000). In consideration for said monetary relief, the Arnolds and C & E, Inc. shall execute the release of claims attached to this Order as Attachment E prior to receiving payment.

VIII.    PAYMENT TO VINDICATE THE PUBLIC INTEREST

23. Defendants shall pay ten thousand dollars ($10,000.00) to the United States as a payment to vindicate the public interest under 42 U.S.C. §3614(d)(1)(C) . Within ten (10) days after the effective date of the Order, Defendants shall deliver to the United States a check for $10,000.00 made payable to the "United States Treasury." The payment made under this provision does not constitute any admission whatever on the part of the Defendants.

IX.     JURISDICTION AND SCOPE

24. The Court has personal jurisdiction over the Defendants for purposes of this civil action, and subject matter jurisdiction over the claims in the civil action pursuant to 28 U.S.C. §§ 1331 and 1345, and 42 U.S.C. § 3614(a).

25. The Court retains jurisdiction over the action for the duration of the Order for the purpose of enforcing any of its provisions and terms, after which this case shall be dismissed with prejudice. This Order shall remain in effect for four (4) years from the effective date of the Order for the purpose of enforcing any of its provisions and terms. The United States may move the Court to extend the duration of the Order in the interests of justice.

26. The parties and their attorneys agree to work cooperatively with one another and in good faith. They further agree to use their best efforts to effectuate the purposes of the Order and to resolve informally any differences regarding interpretation of and compliance with the Order prior to bringing such matters to the Court for resolution.

27. The parties shall have the right to seek from the Court modifications of the Order provided that any request for a modification has been preceded by good faith negotiations between the parties. The parties may agree in writing to modify the deadlines established by this Order without Court approval.

ORDERED this ________ day of ______________, 2005.

__________________________________
THE HONORABLE MICHAEL A. PONSOR
United States District Court Judge
Western District of Massachusetts

THE PARTIES CONSENT TO THE ENTRY OF THIS SETTLEMENT AGREEMENT AND CONSENT ORDER AS INDICATED BY THE SIGNATURES OF COUNSEL APPEARING ON THE FOLLOWING PAGES:

FOR PLAINTIFF UNITED STATES OF AMERICA:

MICHAEL J. SULLIVAN United States Attorney ______________________________ KAREN L. GOODWIN BBO # 549398 Assistant U.S. Attorney Office of the U.S. Attorney District of Massachusetts 1550 Main Street, Room 310 Springfield, MA 01103 Tel: (413) 785-0235 Facsimile: (413) 785-0394

R. ALEXANDER ACOSTA Assistant Attorney General ______________________________ STEVEN H. ROSENBAUM Chief MICHAEL S. MAURER LORI K. WAGNER JENNIFER C. CASS Attorneys U.S. Department of Justice Civil Rights Division Housing and Civil Enforcement Section Mailing address: 950 Pennsylvania Ave. NW Washington, DC 20530-5998 Street address: 1800 G Street, NW, Ste. 7002 Washington, DC 20006 Tel: (202) 305-3107 Facsimile: (202) 514-1116

FOR INTERVENOR-PLAINTIFFS KENNETH WILLIAMS, ET AL.:

______________________________
J. PATERSON RAE
BBO # 410520
Director of Litigation
Western Mass. Legal Services
127 State Street, Fourth Floor
Springfield, MA 01103
Tel: (413) 781- 7814 X 131
Facsimile: (413) 746-3221

FOR INTERVENOR-PLAINTIFFS KENNETH WILLIAMS, ET AL.:

______________________________
ERIC BOVE
BBO # 631481
Director
The Housing Discrimination Project
57 Suffolk Street
Holyoke, MA 01040
Tel: (413) 539-9796 x 108
Facsimile: (413) 533-9978

FOR INTERVENOR-PLAINTIFFS C & E TOBACCO, INC., ET AL.:

______________________________
ROBERT S. MURPHY, JR.
BBO # 550804
Bacon & Wilson, P.C.
33 State Street
Springfield, MA 01103
Tel: (413) 781-0560
Facsimile: (413) 739-7740

FOR DEFENDANTS CITY OF AGAWAM., ET AL.:

______________________________
CAROLE SAKOWSKI LYNCH
BBO # 547718
Morrison Mahoney LLP
1500 Main Street, Suite 2400
P.O. Box 15387
Springfield, MA 01115-5387
Tel: (413) 737-4373
Facsimile: (413) 739-3125

FOR DEFENDANTS CITY OF AGAWAM., ET AL.:

_______________________________
THOMAS S. LOCKE
BBO # 302950
The Agawam Law Department
36 Main Street
Agawam, MA 01001
Tel: (413) 786-0400 Ex. 281
Facsimile: (413) 786-9927

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ATTACHMENT A

CERTIFICATION OF ATTENDANCE AT FAIR HOUSING TRAINING

I _______________________, certify that I have attended the training provided by the City of Agawam, Massachusetts pursuant to Section V. of the Settlement Agreement and Consent Order entered in United States, et al. v. City of Agawam, et al., Civil Action 02-30149-MAP (W.D. Mass.). I further certify that I have read and understand the aforementioned Settlement Agreement and Consent Order and the policy of nondiscrimination mandated by it and further understand that my violation of this Settlement Agreement and Consent Order may result in sanctions against the City of Agawam, Massachusetts.

__________________________
(Signature)

___________________________
(Print name)

___________________________
(Title)

___________________________
(Date)

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ATTACHMENT B

CERTIFICATION OF RECEIPT OF
SETTLEMENT AGREEMENT AND CONSENT ORDER

I ___________________________, certify that I have received the Settlement Agreement and Consent Order entered in United States v. City of Agawam, et al., Civil Action 02-30149-MAP (W.D. Mass.). I further certify that I have read and understand the aforementioned Settlement Agreement and Consent Order and the policy of nondiscrimination mandated by it and further understand that my violation of this Settlement Agreement and Consent Order may result in sanctions against the City of Agawam, Massachusetts.

__________________________
(Signature)

___________________________
(Print name)

___________________________
(Title)

___________________________
(Date)

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ATTACHMENT C

C & E TOBACCO WORKER LIST: 2001-2004

JAMAICAN WORKERS

1. Lloyd Henry
2. Hopeton Lowe
3. Clement Reid
4. Clifford Turner
5. Garfield Richards
6. Clive Small
7. Barrington Williams
8. Ronald Williams
9. Kenneth Williams
10. Theophilus Wynter
11. Dick Cameron
12. Webster Codner
13. Ranaldo Fagan
14. Stedford Gardner
15. Daniel Gordon
16. Herman Guilroy
17. Leebert Jackson
18. Henry Johnson
19. Leroy Maitland
20. Lenworth Bennett
21. Nicholas Gordon
22. Artnel Folkes
23. Paul Ashley
24. Rowe Reid
25. Raphael Larmond
26. Sherman Bainbridge
27. Sylvester Warren
28. Clifford Bartley
29. Phillip Black
30. Winston Myrie <
31. Lawrence Gillmore
32. Leebert Addiman
33. Anthony Alvaranga
34. Warren Blidgen
35. Junior Forte
36. George Henry
37. Patrick Howard
38. Sylvester Irving
39. Clifford Lamey
40. Milford McIntosh
41. Clive Porter
42. Walter Rumble
43. Euken Wallace
44. Clifton White
45. Clarence Clark
46. Wellesley Bryan
47. Leonard Gardner
48. Anthony Graham
49. Douglas Hamilton
50. Upton Henry
51. Euton Robinson
52. Seymour Williams
53. Vincent Campbell
54. Cyril Parks
55. Glenton Strachan
56. Harold German
57. Leopold Montique
58. Pascell Thomas
59. Paul Grant
60. Noel Graham
61. Denton Webb
62. Phillip Wallace
63. Paul Willis
64. Basil Bickford
65. Hubert Calder
66. Errol Campbell
67. Godfrey Donaldson
68. Cleveland Johnson
69. Vincent Nelson
70. Michael Palmer
71. Joshua Rowe
72. Ashley Smith
73. Barrington Tyrell
74. Carlton Walker

PUERTO RICAN WORKERS

1. Angel Velazquez
2. Jesus Camacho
3. Ramon Gomez
4. Daniel Jimenez
5. Alberto Morales Sanchez
6. Efrain Sanchez

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ATTACHMENT D

FULL AND FINAL RELEASE OF CLAIMS

I, _______________________, on behalf of myself and family members, agents, heirs, executors, administrators, successors and assigns, pursuant to the terms, provisions, and conditions of the Order approved by the Court settling and resolving the claims contained in the case of United States, et al. v. City of Agawam, et al., Civil Action 02-30149-MAP (W.D. Mass.) ("lawsuit") and in consideration of the payment of damages as specified therein, do fully, finally and forever release, discharge, and hold harmless the City of Agawam, Massachusetts, the Agawam Board of Appeals, Doreen Prouty, Ronald Hebert and Larry Hoague [hereinafter "Defendants"], along with the Massachusetts Insurers Insolvency Fund, their heirs, executors, administrators, shareholders, insurers, predecessors, successors, assigns, affiliates, partners, related companies, subsidiaries, principals and their current and former agents, representatives, administrators, elected and appointed officials, board members, employers, employees, attorneys, volunteers, officers and directors and any persons acting under their respective direction or control [hereinafter "Releasees"], from any and all fair housing claims and constitutional and civil rights claims set forth, or which could have been set forth, in the Complaint in this lawsuit, including claims pursuant to 42 U.S.C. Section 3604(a), 42 U.S.C . Section 3617, Massachusetts General Laws Chapter 151B, Section 4(4A) and 42 U.S.C. Section 1983, that I may have against Defendants or any of the Releasees for any of Defendants' actions, inactions or statements related to those claims through the date of the Order, including claims for damages (both compensatory and punitive), costs, fines and attorneys' fees.

I also understand and acknowledge that the payment made pursuant to this Full and Final Release of Claims is not in any way to be construed as an admission of liability on the part of Releasees or any of them, but is made for the purpose of a compromise and settlement of a disputed claim, for which liability has been expressly denied by Releasees.

I affirm that the only consideration for signing this Full and Final Release of Claims are the terms stated in the Order signed by the parties and approved by the Court, and the monetary payment referenced above. I have accepted the terms of this Release and Order because I believe them to be a fair and reasonable settlement and for no other reason. This Release and the Order contain and constitute the entire understanding and agreement between the parties.

NAME (PRINT) _________________________

DATE _____________

SIGNATURE _____________________________

WITNESSED BY ___________________________

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ATTACHMENT E

FULL AND FINAL RELEASE OF CLAIMS

WE, C & E TOBACCO, INC., CALVIN J. ARNOLD, JR. and ELAINE R. ARNOLD, on behalf of ourselves and family members, agents, heirs, executors, administrators, successors and assigns, pursuant to the terms, provisions, and conditions of the Order approved by the Court settling and resolving the claims contained in the case of United States, et al. v. City of Agawam, et al., Civil Action No. 02-30149-MAP (W.D. Mass.)[hereinafter "lawsuit"] and in consideration of the payment of One Hundred Twenty-Five Thousand Dollars ($125,000.00) as specified therein, do fully, finally and forever release, discharge, and hold harmless the City of Agawam, Massachusetts, the Agawam Board of Appeals, Doreen Prouty and Larry Hoague [hereinafter "Defendants"], along with the Massachusetts Insurers Insolvency Fund, their heirs, executors, administrators, shareholders, insurers, predecessors, successors, assigns, affiliates, partners, related companies, subsidiaries, principals and their current and former agents, representatives, administrators, elected and appointed officials, board members, employers, employees, attorneys, volunteers, officers and directors and any persons acting under their respective direction or control [hereinafter "Releasees"], from any and all fair housing claims and constitutional and civil rights claims set forth, or which could have been set forth, in the Complaint in this lawsuit, including claims pursuant to 42 U.S.C. Section 3604(a), 42 U.S.C. Section 3617, Massachusetts General Laws Chapter 151B, Section 4(4A) and Massachusetts General Laws Chapter 40A, Sections 3, 9, that we may have against Defendants or any of the Releasees for any of the Defendants' action, inactions or statements related to those claims through the date of the Order, including claims for damages (both compensatory and punitive), costs, fines and attorneys' fees.

WE also understand and acknowledge that the payment made pursuant to this Full and Final release of Claims is not in any way to be construed as an admission of liability on the part of Releasees or any of them, but is made for the purpose of a compromise and settlement of a disputed claim, for which liability has been expressly denied by Releasees.

WE affirm that the only consideration for signing this Full and Final Release of Claims are the terms stated in the Order signed by the parties and approved by the Court, and the monetary payment referenced above. WE have accepted the terms of this Release and Order because WE believe them to be a fair and reasonable settlement and for no other reason. This Release and the Order contain and constitute the entire understanding and agreement between the parties.

WE acknowledge that WE have carefully read this Release and execute it knowingly and voluntarily.

Executed this ______day of ________________ , 2005.

______________________ Witness ______________________ Witness ______________________ Witness

C & E, Tobacco, Inc. By:________________________ ________________________ Calvin J. Arnold, Jr. ________________________

Elaine R. Arnold

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1. Upon the motion of Plaintiffs' counsel, the Court subsequently dismissed one of the named Plaintiffs of the class action lawsuit.

2. All documents or other communications required by this Order to be sent to counsel for the United States shall be addressed as follows: Chief, Housing and Civil Enforcement Section, Civil Rights Division, DJ 175-18-363, United States Department of Justice, 950 Pennsylvania Avenue, N.W., G Street Building, Washington, D.C. 20530.

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Document Filed: January 11, 2005