County of Yates, New York State et al.

On September 29, 2008, the United States District Court for the Western District of New York entered a partial Consent Decrees relating to Penn Yan Boat Superfund Site (“Site”), Village of Penn Yan, Yates County, New York. The Consent Decree was entered into pursuant to Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (“CERCLA”), 42 U.S.C. § 9607, and resolves the CERCLA liability of Thomas and Camille Amato individually and on behalf Penn Yan Boat Company LLC, Penn Yan Marine Manufacturing Corp., and Camille Properties, Inc. (collectively referred to as “Settling Defendants”). Under the Consent Decree, the Settling Defendants agree to pay EPA the principal sum of $140,000, plus interest, in three installments. The first payment of $50,000 is due within 30 days of entry of this Consent Decree. Two subsequent payments of $45,000 plus interest will be due on the first and second anniversary of the date of entry of this Consent Decree. The Settling Defendants to this Consent Decree may accelerate these payments, and interest due on the accelerated payments would be reduced accordingly. Under the Consent Decree, Yates County is required to pay to EPA the principal sum of $275,000, plus interest, in two installments. The first payment of $137,500 would be due within 60 days of entry of the Consent Decree. One subsequent payment of $137,500, plus interest, is due on the first anniversary of the date of