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Ordinance No. 343 - Retired1 2 3 4 ORDINANCE NO. AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT AUTHORIZING EXECUTION OF A MUTUAL RELEASE AND SETTLEMENT AGREEMENT EL DORADO COUNTY SUPERIOR COURT ACTION NO. 30164 5 6 BE IT ENACTED by the Board of Directors of the South 7 Tahoe Public Utility District, County of E1 Dorado, State of 8 California, as follows: 9 1. The Board of Directors of South Tahoe Public 10 Utility District has received a Mutual Release and Settlement 11 Agreement offer from CH2M Hill, Ernest E. Pestana, Inc., Ernest E. 12 , Irene F. Pestana, United Pacific Insurance Company, and 13 S. Pipe and Foundry Company. 14 2. The public interest and convenience will be 15 served by the acceptance of said Mutual Release and Settlement 16 Agreement offer and the execution of a Mutual Release by South 17 Tahoe Public Utility District in connection therewith. 3. The President of the Board of Directors is hereby 18 19 authorized to make and enter into the Mutual Release and Settlement 20 Agreement between South Tahoe Public Utility District and CH2M 21 Ernest E. Pestana, Inc., Ernest E. Pestana, Irene F. Pestana, 22 ted Pacific Insurance Company, and U. S. Pipe and Foundry 23 ~. A copy of said Mutual Release and Settlement Agreement 24 on file with the Clerk of the South Tahoe Public Utility Dis- 25 · 26 ~ 4. Upon adoption, this Ordinance shall be posted in 27 (3) public places at least seven(7) days prior to the expir- 28 on of thirty (30) days from the date of its passage, and shall 29 published in the TahOeDallyTribUne, a newspaper ofgeneral 30 :irculation published in the District, one (1) time at least seven 31 days prior to thirty (30) days from the date of its adoption. 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 PASSED AND ADOPTED by the Board of Directors of the South iTahoe Public Utility District at its duly held adjourned regular !meeting on the 12th day of August, 1982, by the following vote: Directors Jones, Kashuba, 01son, Wynn, and Madden None None AYES: NOES: ABSENT: ~A~ES R. JONES,~President of'the ~ard of Direc~rs of South Tahoe Public Utility District ATTEST: MARY~,,"AMBROSE, Clerk of +.he Sout~ Tahoe Public Utility District and ex-officio Secretary of the Board of Directors thereof. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 CERTIFICATION 29 30 31 32 I hereby certify that the foregoing is a full, true and correct copy of an ordinance duly and regularly adopted by the Board of Directors of the South Tahoe Public Utility District, E1 Dorado County, California, at a meeting thereof duly held on the 12th day of August, 1982, by the following vote: AYES, and in favor thereof, Directors Jones, Kashuba, 01son, Wynn, and Madden NOES: None ABSENT: None Clerk/~dex officio Secretary South Tahoe Public Utility Dlstric~ -3- MUTUAL RELEASE AND SETTLEMENT AGREEMENT This Mutual Release and Settlement Agreement ("Agreement") is entered into by and among the following parties: the Plaintiff, SOUTH TAHOE PUBLIC UTILITY DISTRICT ("STPUD"); defendants CH2M HILL CALIFORNIA, INC., CH2M HILL INC., CLAIR A. HILL &~SSOCIATES (collectively "CH2M Hill"); defendant ERNEST E. PESTANA, INC.; ERNEST E. PESTANA; IRENE F. PESTANA; defen- dant UNITED PACIFIC INSURANCE COMPANY; defendants SMITH-SCOTT COMPANY, INC., UNITED CONCRETE PIPE CORPORATION, and UNITED STATES PIPE AND FOUNDRY COMPANY (collectively "U.S. Pipe and Foundry. Company"). The Agreement is intended by all parties to be binding in its entirety on themselves, their predecessors, successors, subsidiaries, parent companies, divisions, partners, joint venturers, administrators, taxpayers,, receivers, trustees, assigns, and other beneficiaries or related entities of whatever kind. BACKGROUND 1. On or about October 28, 1977, STPUD filed its Complaint for Breach of Contract in the Superior Court of California, County of E1 Dorado, Action No. 30164, against CH2M Hill, Ernest E. Pestana, Inc., and United Pacific Insurance Company. On or about March 28, 1978, an Amendment to Complaint was filed in Action No. 30164 to add defendant U.S. Pipe and Foundry Company. On or about September 22, 1978, STPUD filed a First Amended Complaint for Breach of Contract in the Superior Court of California, County of E1 Dorado, Action No. 30164, naming the defendants identified above. Each of the defendants in Action No. 30164 filed a cross-complaint for indem- nity and comparative indemnity against each of the other defendants. 2. All of the disputes by and among the plaintiff STPUD and the' defendants in Action No. 30164, as set forth or as relating to the claims alleged in the Complaint for Breach of Contract by STPUD {including amendments}, and. as set forth in or as relating to the various cross-complaints by the defendants {including amendments}, have been compromised and settled. RELEASE AND AGREEMENT In consideration of the mutual promises, releases, sums paid, and other consideration as set forth below, it is agreed by and among STPUD, CH2M Hill, Ernest E. Pestana, Inc., Ernest E. Pestana, Irene F. Pestana, United Pacific Insurance Company, and U.S. Pipe and Foundry Company as follows: 1. FOR AND IN CONSIDERATION of the sum of Four Million Three Hundred Thousand Dollars {$4,300,000}, which shall be paid in the manner deScribed below, STPUD, on behalf of itself, its predecessors, successors, partners, taxpayers, joint venturers, administrators, receivers, trustees, and assigns, releases and forever discharges CH2M Hill, Ernest E. Pestana, Inc., Ernest E. Pestana, Irene F. Pestana, United Pacific Insurance Company, and U.S. Pipe and Foundry Company, and all officers, shareholders, stockholders, employees, agents, and representatives of said corporations, from all claims, demands, damages, actions, and causes of action, of whatever kind and nature, presently known or unknown, arising out of or in any way connected with the occurrences or happenings alleged in Action No. 30164, and including in addi- tion any and all claims, demands, damages, actions, and causes of action as they might relate to the pleadings (including the Complaint for Declaratory Relief, Specific Performance, Breach of Contract, Promissory Estoppel, Negligent Breach of Contract, Interference with Prospective Advantage and Inverse Condemnation} in the Case David D. Bohannon Organization vs. South Tahoe Public Utility District, et al., Superior Court of the State of California, County of San Mateo, Action No. 227802. Said consideration of Four Million Three Hundred Thousand Dollars ($4,300,000) is to be paid by defendants on September 14, 1982, upon exchange of executed counterpart originals of this agreement by all the parties hereto, which exchange shall take place in the offices of Rust, Armenis & Schwartz. The payment shall be by drafts or checks capable of being presented for pay- ment and paid by a California banking institution on September 14, 1982. Said Consideration is to be paid as follows: {1) Three Million Four Hundred Thirty-Five Thousand One Hundred Fifty-Four Dollars {$3,435,154) is to be paid on behalf of CH2M Hill. (2} Six Hundred Sixty-Four Thousand Eight Hundred Forty-Six Dollars {$664,846} is to be paid on behalf of Ernest E. Pestana, Inc. {3} Two Hundred Thousand Dollars {$200,000) is to be paid on behalf of U.S. Pipe and Foundry Company. 2. FOR AND IN CONSIDERATION of payment to STPUD of the sum of $4,300,000 as aforesaid, STPUD shall file a Request for Dismissal of the Action (No. 30164), with prejudice as to all of the defendants. 3. FOR AND IN CONSIDERATION of their respective payments to STPUD as set forth above, CH2M Hill, Ernest E. Pestana, Inc., United Pacific Insurance Company, and United States Pipe and Foundry Company shall file Requests for Dismissal of their cross-complaints, with prejudice as to all cross-defendants in Action No. 30164. 4. FOR AND IN CONSIDERATION of the payments as set forth above and the filing of the Requests for Dismissal described above, STPUD, CH2M e Hill, Ernest E. Pestana, Inc., Ernest E. Pestana, Irene F. Pestana, United Pacific Insurance Company, and United States Pipe & Foundry Company, on behalf of themselves, their predecessors, successors, subsidiaries, parent companies, divisions, partners, joint venturers, administrators, receivers, trustees, and assigns, officers, shareholders, stockholders, employees, agents, and representatives, release and forever discharge each other of and from all claims, demands, damages, actions and causes of action, of whatever kind or nature, presently known or unknown, arising out of or in any way connected with the occurrences or happenings alleged in Action No. 30164. 5. IN FURTHER CONSIDERATION of the payments as set forth above and the filing of the Requests for Dismissal described above, Ernest E. Pestana, Inc., and United Pacific Insurance Company waive their claims against STPUD and CH2M Hill, as set forth in their Proposed Amendment to the Cross-Complaint in Action No. 30164, dated March ll, 1981, including claims arising out of or in any way related to any obligation by STPUD or CH2M Hill to obtain a builders' risk insurance policy. Each of the parties understands and agrees that there is a risk and possibility that, subsequent to the execution of this Agreement, any and all of the parties to Action No. 30164 will incur, suffer, or experience some fur- ther loss or damage which is in some way caused by or connected with the occur- rences or happenings referred to in this Agreement or in connection with Action No. 30164, but which are unknown or unanticipated at the time this Agreement is signed. 6. IN FURTHER CONSIDERATION of the payments as set forth above and the filing of the Requests for Dismissal described above, the parties to Action No. 30164 agree as follows: me (1) That this Agreement shall apply to and cover any and all claims, demands, actions, and causes of action by any of the parties against each other, relating in any way to the allegations in E1 Dorado County Action No. 30164 or San Mateo County Action No. 227802, whether the same are known, unknown, or hereafter discovered or ascertained, and that the provisions of. Section 1542 of the Civil Code of the State of California are hereby expressly waived. Section 1542 provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Reference to Section 1542 herein shall not be construed to expand the scope of the releases specifically provided for in this Agreement. {2} That the above-describe~ sum of Four Million Three Hundred Thousand Dollars {$4,300,000), to be paid on behalf of CH2M Hill, Ernest E. Pestana, Inc., and U.S. Pipe and Foundry Company in the amounts set forth above, and the Requests for Dismissal described above, are the only consider- ation for this Agreement and each of the parties to Action No. 30164 shall be responsible for the payment of its own attorneys' fees and costs. (3} That this Agreement is the result of a compromise and shall never at any time or for any purpose be considered an admission of liability or responsibility on the part of any of the parties, each of which continues to deny liability and to disclaim such responsibility. (4) That advice of legal counsel has been obtained by STPUD, CH2M Hill, Ernest E. Pestana, Inc., Ernest E. Pestana, Irene F. Pestana, United Pacific Insurance Company, and U.S. Pipe and Foundry Company prior to signing this Agreement. {5} That each of the parties to Action No. 30164 represents and warrants that it is the owner of the claims, demands, obligations, causes of action, and other matters asserted by it or on its behalf in Action No. 30164, and that it has not signed, granted, transferred, or otherwise disposed of any claims, demands, obligations, or causes of action which it at any time may have had or purported to have had against any of the parties to Action No. 30164, or any of their directors, officers, employees, agents, attorneys,, representatives, parent companies, subsidiaries, divisions, predecessors, successors, assigns, personal representatives, or similar persons or entities. (6) That each of the parties to Action No. 30164 understands that if any fact with respect to any matter covered by this Agreement is found to be other than or different from the facts now believed by them to be true, each expressly accepts and assumes the risk of such possible differences of fact and agrees that this Agreement shall be and will remain effective not- withstanding any such.differences in 'fact. (7) That this Agreement may be pleaded as a full and complete defense to, and may be used as the basis for an injunction against, any action, suit, or other proceeding which may be instituted, prosecuted, or attempted in breach of this agreement. (8) That if any provision or term of this Agreement or its appli- cation to any entity or circumstance shall be held by a court to be invalid or unenforceable, the remainder of this Agreement or the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and each provision of the Agreement shall be enforced to the fullest extent permitted by law. (9) That should it become necessary to institute legal action to enforce any of the terms of this Agreement, the prevailing party in such action shall be entitled to its reasonable attorneys' fees and costs. e AUTHORIZED BY ORDINANCE NO. ADOPTED ON: Attest: SOUTH TAHOE PUBLIC UTILITY DISTRI°CT --//JAMES R. JONES,/ /President of~he Board Attest: Di stri ct C1 erk Approved as to Form: / JqHN C. WEIDMAN Ge~era~ Counsel for the South Tah'oe_~ublic Utility District Secretary /~AMES-R. COFER,/7 /Manager/Engi nee~' Secretary CH2M HILL (including CH2M Hill, Inc., CH2M Hill California, Inc., and Clair A. Hill & Associates) HARLAN E. MOYER, President ERNEST E. PESTANA, INC. ERNEST E. PESTANA, President AUTHORIZED BY o~,t~cz. NO. ~ :3 ~/3 ADOPTED ON:AUgust 12, 1982 SOUTH TAHOE PUBLIC UTILITY DISTRI'CT JAMES R. JONES, President of the Board Attest: Attest: District Clerk Secretary Approved as to Form: JAMES R. COFER, Manager/Engi neer JOHN C. WEIDMAN General Counsel for the South Tahoe Public Utility District Secretary CH2M HILL (including CH2M Hill, Inc., CH2M Hill California, Inc., and Clair A. Hill & Associates) ' HARLAN E. MOYER, President ERNEST E. PESTANA, INC. ERNEST E. PESTANA, President AUTHORIZED BY ORDINANCE NO. ADOPTED ON: SOUTH TAHOE PUBLIC UTILITY DISTRICT JAMES R. JONES, President of the Board Attest: Attest: District Clerk Secretary Approved as to Form: JAMES R. COFER, Manager/Engineer JOHN C. WEIDMAN General Counsel for the South Tahoe Public Utility District Secretary CH2M HILL (including CH2M Hill, Inc., CH2M Hill California, Inc., and Clair A. Hill & Associates) HARLAN E. MOYER, President EB~e nt e ~RNEST 1E. P~c~j.ANA, Individu y UNITED PACIFIC INSURANCE COMPANY' -"7 ~RE~IE-F. PESTAliA, Individu~Tly UNITED STATES PIPE AND FOUNDRY COMPANY (including Smith-Scott Company, Inc., and United Concrete Pipe Corporation) By. I, FRED A. SCHWARTZ, am an attorney for plaintiff SOUTH TAHOE PUBLIC UTILITY DISTRICT. I hereby represent and declare that I have fully explained the foregoing Mutual Release and Settlement Agreement to my clients, that they each acknowledged to me that they understand said Mutual Release and Settlement Agreement and its legal effect and desire to enter into it. I further repre- sent and declare that the South Tahoe Public Utility District has the capacity to enter into this Mutual Release and Settlement Agreement and further that James R. Jones and James R. Cofer are known by me to be the persons authorized to enter into settlement agreements and give releases on behalf of South Tahoe Public Utility District. I further represent and declare that the signatures of James R. Jones and James R. Corer are on the foregoing instrument and they have acknowledged to me that they executed the same. DATED: , 1982. .FRED A. SCHWARTZ J UNITED PACIFIC INSURANCE COMPANY' ERNEST E. PESTANA, Individually UNITED STATES PIPE AND FOUNDRY COMPANY (including Smith-Scott Company, Inc., and United Concrete Pipe Corporation) IRENE F. PESTANA, Individually I, FRED A. SCHWARTZ, am an attorney for plaintiff SOUTH TAHOE PUBLIC UTILITY DISTRICT. I hereby represent and declare that I have fully explained the foregoing Mutual Release and Settlement Agreement to my clients, that they each acknowledged to me that they understand said Mutual Release and Settlement Agreement and its legal effect and desire to enter into it. I further repre- sent and declare that the South Tahoe Public Utility District has the capacity to enter into this Mutual Release and Settlement Agreement and further that James R. Jones and James R. Cofer are known by me to be the persons authorized to enter into settlement agreements and give releases on behalf of South Tahoe Public Utility District. I further represent and declare that the signatures of James R. Jones and James R. Cofer are on the foregoing instrument and they have acknowledged to me that they executed the same. DATED: , 1982. FRED~ A! SCH~TARTZ ~ ERNEST E. PESTANA, Individually UNITED PACIFIC INSURANCE COMPANY UNITED STATES PIPE AND FOUNDRY COMPANY (including Smith-Scott Company, Inc., and United Concrete Pipe Corporation) IRENE F. PESTANA, Individually By I, FRED A. SCHWARTZ, am an attorney for plaintiff SOUTH TAHOE PUBLIC UTILITY DISTRICT. I hereby represent and declare that I have fully explained the foregoing Mutual Release and Settlement Agreement to my clients, that they each acknowledged to me that they understand said Mutual Release and Settlement Agreement and its legal effect and desire to enter into it. I further repre- sent and declare that the South Tahoe Public Utility District has the capacity to enter into this Mutual Release and Settlement Agreement and further that James R. Jones and James R. Cofer are known by me to be the persons authorized to enter into settlement agreements and give releases on behalf of South Tahoe Public Utility District. I further represent and declare that the signatures of James R. Jones and James R. Cofer are on the foregoing instrument and they have acknowledged to me that they executed the same. DATED: , 1982. FRED A. SCHWARTZ UNITED PACIFIC 'INSURANCE COMPANY ERNEST E. PESTANA, Individually IRENE F. PESTANA, Individually UNITED STATES PIPE AND FOUNDRY COMPANY (including Smith-Scott Company, Inc., and United Concrete Pipe Corporation) I, FRED A. SCHWARTZ, am an attorney for plaintiff SOUTH TAHOE PUBLIC UTILITY DISTRICT. I hereby represent and declare that I have fully explained the foregoing Mutual Release and Settlement Agreement to my clients, that they each acknowledged to me that they understand said Mutual Release and Settlement Agreement and its legal effect and desire to enter into it. I further repre- sent and declare that the South Tahoe Public Utility District has the capacity to enter into this Mutual Release and Settlement Agreement and further that James R. Jones and James R. Cofer are known by me to be the persons authorized to enter into settlement agreements and give releases on behalf of South Tahoe Public Utility District. I further represent and declare that the signatures of James R. Jones and James R. Cofer are on the foregoing instrument and they have acknowledged to me that they executed the same. DATED: , 1982. FRED A. SCHWARTZ I, JAMES M. CRAWFORD, JR., am an attorney for plaintiff SOUTH TAHOE PUBLIC UTILITY DISTRICT. ! hereby represent and declare that I have fully explained the foregoing Mutual Release and Settlement Agreement to my clients, that they each acknowledged to me that they understand said Mutual Release and Settlement Agreement and its legal effect and desire to enter into it. I further represent and declare that the South Tahoe Public Utility District has the capacity to enter into this Mutual Release and Settlement Agreement and further that James R. Jones and James R. Corer are known by me to be the persons authorized to enter into settlement agreements and give releases on behalf of the South Tahoe Public Utility District. I further represent and declare that the signatures of James R. Jones and James R. Cofer are on the foregoing instrument and they have acknowledged to me that they executed the same. DATED: , 1982. JAMES M. CRAWFORD, JR,~ A Professional Corporation I, ALAN E. HARRIS, am an attorney for CH2M HILL CALIFORNIA, INC., CH2M HILL, INC., and CLAIR A. HILL & ASSOCIATES. I hereby represent and declare that I have fully explained the foregoing Mutual Release and Settle- ment Agreement to each of nly clients, they have each acknowledged tome that they understand said Mutual Release and Settlement Agreement and its legal effect and desire to enter into it. I further represent and declare that CH2M Hill, Inc. has the capacity to enter into this Mutual Release I, jAMES M. CRAWFORD, JR., am an attorney for plaintiff SOUTH TAHOE PUBLIC UTILITY DISTRICT. ! hereby represent and declare that I have fully explained the foregoing Mutual Release and Settlement Agreement to my clients, that they each acknowledged to me that they understand said Mutual Release and Settlement Agreement and its legal effect and desire to enter into it. ! further represent and declare that the South Tahoe Public Utility District has the capacity to enter into this Mutual Release and Settlement Agreement and further that James R. Jones and James R. Corer are known by me to be the persons authorized to enter into settlement agreements and give releases on behalf of the South Tahoe Public Utility District. I further represent and declare that the signatures of James R. Jones and James R. Cofer are on the foregoing instrument and they have acknowledged to me that they executed the same. DATED: ~/~- , 1982. · JAMES( M.' ~A~/FlYRD, iRC A Professio~aCCorporati on I, ALAN E. HARRIS, am an attorney for CH2M HILL CALIFORNIA, INC., CH2M HILL, INC., and CLAIR A. HILL & ASSOCIATES. I hereby represent and declare that ! have fully explained the foregoing Mutual Release and Settle- ment Agreement to each of my clients, they have each acknowledged tome that they understand said Mutual Release and Settlement Agreement and its legal effect and desire to enter into it. I further represent and declare that CH2M Hill, Inc. has the capacity to enter into this Mutual Release and Settlement Agreement on behalf of its predecessor, Clair A. Hill & Associates and its subsidiary, CH2M Hill California, Inc., and further that Harlan E. Moyer is known by me to be the person authorized to enter into settlement agreements and give releases on behalf of each of them. I fur- ther represent and declare that Harlan E. Moyer's signature is on the fore- going instrument and he has acknowledged to me that he executed the same. DATED: , 1982. ALAN E. HARRIS I, CRAIG A. CALDWELL, am the attorney for UNITED STATES PIPE AND FOUNDRY COMPANY, SMITH-SCOTT COMPANY, INC., and UNITED CONCRETE PIPE CORPORATION. I hereby represent and declare that I have fully explained the foregoing Mutual Release and Settlement Agreement to each of my clients, they have each acknowledged to me that they understand said Mutual Release and Settle- ment Agreement and its legal effect and desire to enter into it. I further represent and declare that Frederick L. Smith each has the capacity to enter into this Mutual Release and Settlement Agreement and further that Frederick L. Smith is known by me to be the person authorized to enter into settlement agreements and give releases on behalf of each of them. I further represent and declare that Frederick Smith 's signature is on the foregoing instrument and he has acknowledged to me that he executed the same. DATED: September !4m.., 1 982. lO. and Settlement Agreement on behalf of its predecessor, Clair A. Hill & Associates and its subsidiary, CH2M Hill California, Inc., and further that Harlan E. Moyer is known by me to be the person authorized to enter into settlement agreements and give releases on behalf of each of them. I fur- ther represent and declare that Harlan E. Moyer's signature is on the fore-. going instrument and he has acknowledged to me that he executed the same. DATED: , 1982. ALAN E. HARRIS I, NED TELFORD, am the attorney for UNITED STATES PIPE AND FOUNDRY COMPANY, SMITH-SCOTT COMPANY, INC., and UNITED CONCRETE PIPE CORPORATION. I hereby represent and declare that I have fully explained the foregoing Mutual Release and Settlement Agreement to each of my clients, they have each acknowledged to me'that they understand said Mutual Release and Settle- ment Agreement and its legal effect and desire to enter into it. I further represent and declare that each have the capacity to enter into this Mutual Release and Settlement Agreement and further that is known by me to be the person authorized to enter into settlement agreements and give releases on behalf of each of them. I further represent and declare that 's signature is on the foregoing instrument and he has acknowledged to me that he eXecuted the same. DATED: , 1982. .NED TELFORD 10. and Settlement Agreement on behalf of its predecessor, Clair A. Hill & Associates and its subsidiary, CH2M Hill California, Inc., and further that Harlan E. Moyer is known by me to be the person authorized to enter into settlement agreements and give releases on behalf of each of them. I fur- ther represent and declare that Harlan E. Moyer's signature is on the fore-, going instrument and he has acknowledged to me that he executed the same. , 1982. DATED ~~~HARRIS I, NED TELFORD, am the attorney for UNITED STATES PIPE AND FOUNDRY COMPANY, SMITH-SCOTT COMPANY, INC., and UNITED CONCRETE PIPE CORPORATION. I hereby represent and declare that I have fully explained the foregoing Mutual Release and Settlement Agreement to each of my clients, they have each acknowledged to me that they understand said Mutual Release and Settle- ment Agreement and its legal effect and desire to enter into it. I further represent and declare that each have the capacity to enter into this Mutual Release and Settlement Agreement and further that is known by me to be the person authorized to enter into settlement agreements and give releases on behalf of each of them. I further represent and declare that 's signature is on the foregoing instrument and he has acknowledged to me that he executed the same. DATED: , 1982. 10. NED TELFORD I, MARK A. HURST, am the attorney for ERNEST E. PESTANA, INC. and' UNITED PACIFIC INSURANCE COMPANY. I hereby represent and declare that I have fully explained the foregoing Mutual Release and Settlement Agreement to each of my clients, they have each acknowledged to me that they understand said Mutual Release and Settlement Agreement and its legal effect and desire to enter into it. I further represent and declare that each have the capacity to enter into this Mutual Release~and Settlement Agreement and further that is known by me to be the person authorized to enter into settlement agreements and give releases on behalf of each of them. I further represent and declare that 's signature is on the foregoing instrument and he has acknowledged to me that he executed the same. DATED: ~ /_Y , 1982 MARK A. HURST I, BRIAN SAX, am the attorney for ERNEST E. PESTANA and IRENE F. PESTANA. I hereby represent and declare that I have fully explained the foregoing Mutual Release and Settlement Agreement to each of my clients, they have acknowledged to me that they understand said Mutual Release and Settlement Agreement and its legal effect and desire to enter into it. I further represent and declare that ERNEST E. PESTANA and IRENE F. PESTANA each have the capacity to enter into this Mutual Release and Settlement Agreement. I further represent and declare that the signatures of ERNEST E. PESTANA and IRENE F. PESTANA are on the foregoing instrument and they have acknowledgedDATED:/~/3to me that they. executed, 1982the same.~~.BRiAN SAX,~v~r?~ ll. RUST,; ,~IS & SCHWAKIZ Suite 1200, Plaza Towers 555 Capitol Mall Sacramento, CA 95814 Felephone: (916) /.'44-5805 A,to,,,y(,I iQ, . .P.l~nt~ff .................... $Oeee I,el~ IM U~e e4 C~.~ C~,* .~-~..~:jOR ....... COURT OF CALIFORNIA. ISUPERIOR. MUNICII=&L. Ot JU.~?ICEt COUNTY OF .]~.,. ~ ........ INeme of MUniC.Dal or Just,ca Court Pisl. Ct or o~ Or.nc~ :ourS. ,! any) ~,~,n,,,m SOUTH TAHOE PUBLIC UT~JTY DISTRICT, a public utility ~trict, De~en*an,¢sl: CH2M ~T~.T, C~?3~RNIA, I~C., a corporation, et al., fAbbrevisled Tille~ CASE .u,~,~En 30164 REQUEST FOR DISMISSAL TYPE OF ACTION [] Personal Injury P. rooerly Damage am1 Wrongful Death: '[::] Motor Vehicle [] Other ~ Domestic Relations [] Eminent Domain .~ Other: (Specie) ~ OF..(:IkR1'~:~:~_CT .......... TO THE CLERK: Please dismiss this action as follows: (Check apl::licable boxes.) 1. ~ With orejudice [] Without prejudice 2. ~ Entire action X ~ ,A,[vj~]~3:) [] Petition only [-] Other: (Specify)' ~ FOR ]~ OF CONTR~ [] Cross-complaint only Dated: .............................................. · If alisa,sail ~'eaueste~ is of sOec,fie~ Ditties only. Ot ,Pacified causes OI acl,o~ only or Ot i~cll~e~ crols-Comglllhli Only, I0 lille and iaentify t~ Da~iel. CIUlII OI lotion Of CrOSI-comoIIiKII RUST, ARMENIS :& SC}B~/tTZ Sy x,,o,ney(s) to, Plaintiff SOUTH ..TA~HO.E .pUBLIC UTILITY DIS'~::C'~,a'~l'ic' ;~6i':]:i~'~s~ic~...... i ..... (Type of pr,hr attorney(si name(si) TO THE CLERK: Consent to the above dismissal is herel~y given." Dated: ............................................... MI(1}. (2) o~ Attorney(I) for ............................................. (Type or print attorney(s) name(al) (To be completed by clefkl [:::] Dismissal anterld aa f~uelled on ................................................................................... C~ DIimilaal entered oft ..................................... al to Drily ................................................. ~ DIsmissal not entered al fe<lueSled for the following reasOn(Il, and attorney,s} notified o~ .................. . ................. Dated ............................................ By C~rk ~. ~uo,c,., co..c,, ol c~,,,c,.,. F-12~ REQUEST FOR DISMISSAL ~a~.ee~ ~lteCl.~a July I 1g72 [ALi~ORNIA ~W~AP~R S~NvI~E bU~.,~ ~. ~N~. CC.P Sit. etc.: Cal. Rules o! Courl, ALAN E. HARRIS DOUGLAS R. YOUNG FARELLA, BRAUN & MARTEL !35 Montgomery Street, Suite 3000 / '-'San Francisco, CA 94104 Telephone: (415) 981-3722 A,,o,n,¥~,l {o, Defen~L~nCs; .Cross-Coc~lainants; Cross-Defendants CH~ b,~ .i. C,~!~ ~U~ZA, l~J., a corporation and CH2M }-TTI'.T,, IN~., a corporaUion SUPERIOR .... COURT OF CALIFORNIA, COUNTY OF ~ ..DORA[X) ......... {SUPERIOR. MUNIC, IPaL, Ot JUSt'ICE1 (Name O! Idu~ic.oal or Julhca_Courl Dill,act De 3t ~¢lmC~ coati. ,I any) m3,~,,~s)' ~ ~ ~C ~ D[~ CASE NUMaER 30164 a p~lic utili~ dis~ct co~oraCi~, et ~ ~;. ~T.T~, ~C., a ~raC~, ~d ~ ~, ~C., a ~at~, Cross-~l~ts, ~ST A. ~, ~., e~ al, ~oss-~~ts. TO THE CLERK: Please dismiss this action as follows: (Check ap~Hcable boxes.) I. ~ With orejudice ~ Without ~rejudice 2. ~ Entire action ~ Complaint only ~ Petitio~ only ~ Other: (S~ecify}' REQUEST FOR DISMISSAL TYPE OF ACTION ~ Personal Injury Property Damage and Wrongful Oeall~: [--J Motor Vehicle [] Other [] Domestic Relations [] Eminent Domain ~ Other: fSpecity) ]~..~C['~ .OF..~ .......... FJ:~T Cross-comolaint FOR CCMP~ INDEM~IITY FA~.T A, BI~UN & MA~mk'Tr. Dated: ............................................... 'la oism,$sal ,sQuealed is of $OeCitief oarlies only. o( IOeCilied ctu3,ea of action only Of Of I~cit,ed CrOll-COmOliiflla Only, I0 tO ~ dllmiued. At,or,e¥(s) to, .De. ~ .e-.~...c~...t:.s..,..C.T.o. ss..-~!.~.~..na~..tiS=..~d C corporation and CH2M ~Lt INC., a corporation TO THE CLERK: Consent to the above dismissal is here~y given." Dated: ............................................... ''When i CrOll-COmOllinl lot ReiOofllO CMarrisge! seeking afflrmi. five salter) il on file. the afforfliyiil for the CrOll-COmOiltfllfll ~(~). (2} or (~). Attorney(a) for ............................................. (Type or print attorney(s) name(i}) (To be compleled by cJeckJ C] Dismissal entered aa requested Off ................................................................................... C::} Dismissal entered o~ ..................................... aa to ~'tly ................................................. C:::] DI,mfss. al not entered aa r~quealed for the fo{lowing reaso~(i), ofld attorney(a) notified o~ ................................... Dated ............................................. By ...... ..... C~erk ,. C~,~ty ~. ~uo,c,.. co..c,, o, ca,,,..,. F-12~ REQUEST FOR DISMISSAL ~ SII. eEC.: Rula 1233 ,. ,~,.,e, Ad~e,e .ad ~Me~ea, e I~,,~be* et All--er {Il ~ E. ~RIS DOUGHS R. YOUNG F~L~, B~UN & ~TEL ~35 Montgomery Street, Suite 3000 _Jan Francisco, CA 94104 Telephone: (415) 981-3722 ~,,o,~m ,o,D~~s~ .~oss-~l~ts, ~ Cross-~f~ts ~ ~'¥'~'J'. ~"~, ~u~, '~., a co~rati~'~d*'~ ~.T,, ~., a co~orati~ ... $~OR ...... coumT o~ CAU~O.~A, COUntY O~ ~ .~ ......... p,~,.,,.m' SOUTH TAHOE PUBLIC UT~YI"f DL.~CT a public utility district Oefen,~-n,¢s): ~ p177.7. CA?.TFORNIA, INC., a corporation, et al. ' ERNEST A. PESTANA, INC., a corporation, et; Cross-Complainants, vs. CH2M HILL CALIPORNIA, INC., et at., Cross-Defendants. TO THE CLERK: Please dismiss Ibis action as follows: (Check applicable boxes.) 1. ~:~ With preiudice r"~ Withoul prejudice 2. ~ Entire action [] Complaint only [] Petition only [] Other: {Specify)' c,~sE NUUaER 30164 REQUEST FOR DISMISSAL TYPE OF ACTION Personal Injury Property Damage and Wrongful Oeafh: [] Up,o, Venicl, ~ Om,, .~ Done,tic Relations ~ Eminent Oomil, Omen: (S~eci~) .~ .0~ .~ ......... Cross-complaint FOR Oiled: ............................................... cau~ pi actiom only et ef i~c~he~ cro.l-Com~la~ll only. ~o lo ~ d~misjed. MEHEA~G & De~EG 2.o,ney(,) ,o, .[~f....e~...d~n...t.s.,..QrOSs.-Compla.'.lmmnt. s.,..and Cr Defendants ERNEST A. PESTANA, INC. and UNITED PACIFIC IN~ MARK A. ~/~' p,,n, atto,ney(,) name(,)) TO THE CLERK: Consent to the above dismissal is hereby given." · 'Whef~ I croli. COmPliinl (or RelOOnta |Ida.alga) leaking iffltml. MI(1). (2) o, (SI. Attorney(I) for ............................................. (Type or print altorney(s) name(a)) (To b~ Complelad by clack) C::] Dismissal anf&/Td ii requested on ................................................................................... ~--] Dlimialll enlerad ~'t ..................................... aa to only ................................................. [] Dismissal not entel'ed I1 requested foe the following reasOn(l), and itlorne¥(s} notified off ................................... Oiled. ~ f41. elc.: ALAN E. HARRIS DOUGLAS R. YOUNG FARELLA, BRAUN & MARTEL 235 Montgomery Street, Suite 3000 an Francisco, CA 94104 Telephone: (415) 981-3722 A.orme¥($) to, Defendants., .Cross-C__nmp] m~nants; an~ Cross-Defendants CH~ hl/.l. C~t.i~U~AA, ~NU., a corporation and"~ ~.T,, INC., a corporation SUPERIOR ..... COURT OF CALIFORNIA, COUNTY OF EL .~....RADO.. ......... ISuPGRIOR. IMUHICIIO&I,. or INarme Of IduniC,D3il or Jushce Court C)~slr~cl or Of De·nth court. ,I ·nyJ CASE NUMBER 30164 p,,,n,,,tm' SOUTH TAHOE PUBLIC UTILITY DISTRICT a public utility d.ist:~ct REOUEST FOR DISMISSAL TYPE OF ACTION Personal Injury Property Damage and Wrongful Oeath: [] Motor Vehicle [] Other Domestic Relations [] Eminent Domain Other: (Spec.y) BRF_~CE .OF .~ ......... Cross-complaint AMD FOR IND~ o,,,nd,n,I$):CH2M }~Tr.T. CALIFORNIA, INC., a corporation, et al. UNi'lko" STATES Pi~: & FOUNDKY COMPANY, a corporation, Cross-Complainant, vs. O-L~.f ~.~., INC., a corporation, e~ al., Cros s-Defen~nts. TO THE CLERK: Please dismiss this action as follows: (Chec.~ applicable boxes.) 1. ~ With 0reiudice [] Without prejudice 2. ,~ Entire action ~ Complaint only [] Petition onty [] Other: (Soecify)' POi~T~., SCOTT, WEIBERG & DEI22{A.NT Oared: ............................................... '1~ ~IS~I~'$SIi ,IQUIllld II Of Soeclfiec~ DIrtie· O~ty, OI specified Clusel OI lCliOn oflly or of I~Cd~e4 crols-Comolllnls only. A,orn,y(s) for..De~f, endant;,..C=oss.-Defendant..and.Cnoss- Complainant UNITED STA2M~ PIPE &' FOUNDRY CC~PA~ corporation (Type or print attorney(s) name(s)) TO THE CLERK: Consent to the above dismissal is herel~y given." Dated: ............................................... ''When · CrOtl-COmC)llinl tot Iqeaoon.e (MerfilgiJ leeklng tive c.liet) ~l O~ lill. the IIIOrnlyfll' for 1~4 CtOll-CO~Olll~lhl MI(I). (2) o~ Attorney(i) for ............................................. (Type or print attorney(s) (To be comoleted by clerk) [] Dismissal entered II r~3uelted on ..................................................................... ' ............. [] Olemii-al enleled Oh ..................................... as lo only ................................................. [] Dismiss. al not enlered a~ reqUelttd for till lollowtng racoon(s). =nd atlorne¥(s! nolified o41 ................................... Deled ............................................ By ......... Clerk T,..,,,,,~,.. cou,,c,, o, c,,,,~,,,,, F-12~ REQUEST FOR DISMISS&L ~ SA1, ITC.: Cal. Aulet ol Court AFFIDAVIT OF PUBLICATION Affidavit of Publication of South Tahoe PUD Box AU South Lake Tahoe, Ca 97-705 JTH DISTRfCT STATE OF CALIFORNIA County of El Dorado I am a citizen of the United States and a resident of the County foresaid: I am over the age of eighteen years, and not a part to or interested in the above- entitled matter. I am the principal clerk of the printer of The Tahoe Daily Tribune - Tahoe Sierra Tribune a n,ewspaper of general circulation, printed and published daily in the City of South lake Tahoe, County of El Dorado, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of El Dorado, State of California, under the date of March 6 1970 Case Number 18569, that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: sept 3 all in the year 19 82 I certify (or declare) under penalty that the foregoing is true and correct. Dated at South Lake Tahoe California, this 3rd dateof sept ~9 82 Signature E~t E. United' said settlement ore Mutual Mutual: Release by ~1~ Taf~e: Public Utility DiStrict in conge~fl0n ~'nerewith, SOuth P~stafi~, Irene U tilted PacifiC: ln~r~e Coml~ny, ~d U.S. Pipe anti ~o~ C:~any. A copy of said MutUit Release and Settlement Agronmt~t ts on file with the Clerk of the SoOth TaheePublic Utility District. 4~ Upon ~d0pti0n, this 0,rdin~nce stroll least to the expiration of thiily.;t , Tribune, a circulation District; one/(1) time to thirty held 12th Keshuba AFFIDAVIT OF POSTING ORDINANCE NO. 34~5 STATE OF CALIFORNIA COUNTY OF EL DORADO ) )ss ) I, BOB E. EPPLER, deposes and says: being first duly sworn, That for and on behalf of the Clerk and ex- Officio Secretary of the SOUTH TAHOE PUBLIC UTILITY DISTRICT affiant posted copies of ORDINANCE NO. 345 in form attached hereto and by reference made a part hereof, in three public places in the District, as follows: 1. City Of South/Lake Tahoe Administration Bldg. South Lake Tahoe, Ca. 2. Bijou Post Office Station South Lake Tahoe, California 3. Tahoe Valley Post Office Station South Lake Tahoe, California That said posting was completed on the~~ Subscribed and sworn ~o before me this ~~ day of~~~ ~o~r~ ~bl±c in and for ~he ~ount7 of E1 D°raVdo, State of California. My Commission Expires 11/19/~2.