Res 1999-228 - Laserfiche WebLink

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Pipelines within the respective city limits of the Settling Class Cities have been disclosed to the Settling Class Cities directly and/or through Class Counsel, to the extent known, by maps, written descriptions or other identification as may be required by the City. 2. AGREED SETTLEMENT SUM. PG&E agrees to pay by check, payable to "the Law Offices of Ramon Garcia, P.C., Class Counsel," the total sum of twelve million two hundred thousand dollars ($12,200,000.00), which is the full and complete amount that the Settling Defendants will pay pursuant to the Agreement as the Agreed Settlement Sum. The check will be delivered to the Settling Class Cities through Class Counsel on or before five business days after final approval by the Court of this Agreement. 3. CONSENT AND PERMIT ORDINANCE. The Settling Class Cities agree to consent, permit, authorize, and approve the past, current and continued presence, use, maintenance, expansion, and operation of PG&E's Pipelines, as granted and expressed by the ordinance which each Settling Class City has or will enact and adopt, for a term of twenty five years, in the same or substantially similar form to Exhibit "A" attached hereto. 4. COURT COSTS. All costs of court in the litigation and ancillary litigation shall be paid by the party incurring such costs. 5. DISMISSAL WITH PREJUDICE OF CLAIMS. The Settling Class Cities shall dismiss with prejudice all claims in this litigation and all claims against the Settling Defendants in the ancillary lawsuits, as identified in Exhibit "B" attached hereto and incorporated by reference herein, following the approval by the Court of the Agreement and receipt of the Agreed Settlement Sum in full as provided in Section 2 above. 6. RELEASE a. Scope This release is intended by the parties hereto to be a complete, comprehensive and final release and shall be construed accordingly in its broadest sense; however the Releasing Parties do not by this Agreement release any claims that any Releasing Party may possess or assert regarding franchise fee payments against: the local distribution company now known as Southern Union Gas Company, a division of Southern Union Company; Southern Union Company; the former Rio Grande Valley Gas Company, a Delaware corporation, now known as Southern Union Company; Mercado Gas Services, Inc.; and/or their successors or assigns. FINAL VERSION October 18,1999 (6:15PM) -4-