Ord 2001-063 - Laserfiche WebLink

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a. "RELEASE AND SETTLEMENT AGREEMENT" shall mean this Full and Final Release and Settlement Agreement. b. "SETTLING DEFENDANTS" or "EL PASO PARTIES" shall mean al1 the parties named as Defendants in the now settled class action litigation to which the City of San Marcos was, prior to opting out of the settlement, a class member, and the directors, officers, general and limited partners, joint venturers, employees, and representatives of said entities. c. PIPELINE(S) shall mean the intrastate, interurban natural gas and natural gas liquids transmission pipelines(including all such pipelines formerly owned by PG&E, TECO and/or Valero entities) and all related or appurtenant facilities, including, but not limited to, mains, spurs, laterals, meters, valves, corrosion protection systems, city gates, and other related facilities ofEI Paso Parties owned, leased, operated and/or controlled, in whole or in part (such as through a joint venture or partnership, for example), by EI Paso Parties. The location of the pipelines within the respective city limits of the City has been disclosed to the City directly and/or through its Counsel, to the extent known, by maps, written descriptions or other identification as may be required by the City. 2. AGREED SETTLEMENT SUM. The EI Paso Parties agree to pay to the City by check the total sum of Twenty Seven Thousand and 00/100 Dollars ($27,000.00), which is the full and complete amount that the EI Paso Parties will pay to the undersigned City, as consideration for this Release and Settlement Agreement; The check will be delivered to the City through its City Attorney on or before five business days after the later in time of the fmal approval and execution by the Settling Parties of this Release and Settlement Agreement and the fmal enactment by the City of the Consent and Permit Ordinance. 3. CONSENT AND PERMIT ORDINANCE. The City agrees to consent, permit, authorize, and approve the past, current and continued presence, use, maintenance, expansion, and operation of EI Paso Parties' pipelines, as granted and expressed by the ordinance which the City has fully and fmally enacted and adopted or will fully and fmally enact and adopt, for a term of twenty-five years. 4. RELEASE a. Scope. It is the City's intent to release all causes of action of whatsoever nature, or any other legal theory arising out of the circumstances described above, against EI Paso Parties, and to release EI Paso Parties from any and all -4-