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Home My WebLink About980415.tiff_ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. RESOLUTION RE: APPROVE SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF ALL CLAIMS AND AUTHORIZE CHAIR TO SIGN -WYMER WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Settlement Agreement and Mutual Release concerning the Steven D. Wymer litigation between the County of Weld, State of Colorado, as a co-complainant with various public entities, and the American National Can Company, Carpenters Pension Trust for Southern California, C.I.S. Technologies, Inc., City of Hemet, H.E. Butt Investment and Retirement Plan Trust, Memphis Light, Gas and Water Division for the Use and Benefit of the Retirement and Pension System, Pioneer Citizens Bank, and United Food and Commercial Workers Union Local 711 and Retail Food Employers Benefit Fund, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Settlement Agreement and Mutual Release concerning the Steven D. Wymer litigation between the County of Weld, State of Colorado, as a co- complainant with various public entities, and the American National Can Company, Carpenters Pension Trust for Southern California, C.I.S. Technologies, Inc., City of Hemet, H.E. Butt Investment and Retirement Plan Trust, Memphis Light, Gas and Water Division for the Use and Benefit of the Retirement and Pension System, Pioneer Citizens Bank, and United Food and Commercial Workers Union Local 711 and Retail Food Employers Benefit Fund, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. 980415 CA0008 SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF ALL CLAIMS - WYMER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of March, A.D., 1998. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATT E` gP da441? U �c� Constance L. Harb rt, Chair W. H. W bster, ro-T7 BY: ett �ePut �e Board eorge . Baxter OV S M: Dale . Hall ounty Attorne //cam. Barbara J. Kirkmeye 980415 BORCHARD & WILLOUGHBY ATTORNEYS AT LAW E A PROFESSIONAL CORPORATION S�__.i021997 ° D COII.NTY February 26, 1998 EY'S &1FFICE Lee Morrison, Esq. Weld County 915 Tenth Street Greeley, Colorado 80631 Re: 0CM Litigation Dear Lee: Enclosed are copies of correspondence explaining a minor revision to the most recent 0CM settlement agreement, along with the revised pages. Please replace the corresponding pages of the prior version and return the executed agreement to me as soon as possible. Best regards. Sincerely, Michael L. Willoughby for BORCHARD & WILLOUGHBY, P.C. MLW:amg Enclosures 980415 18881 Von Kaman Avenue, Suite 1400, Irvine, California 92715 • (714) 644-6161 • Telefax (714) 263-1913 .+u\1 Ul •11V11fAtIll ,i Jlhi. „♦ 9 G <J Lit) 1 1 •VO ❑VIINRI❑ 6[ Jp111❑- /lYGUiII ALJr$ 2/ 6 HOWARTH 8 SMITH ATTORNEYS AT LAW Co t3/4:, y, 700 SOI Sti FL2t ao 57RF.ET stint 2:100 LOS ANCELES.CALIFORNIA 90017 OF COUNSEL TELEPHONE;(213)955-9400 ROBERT D. BRAIN FAX:(213)6r•o791 February 25, 1998 VIA FACSIMILE AND U.S. MAIL CONFIDENTIAL - ATTORNEY SORK PRODUCT ATTORNEY-CLIENT PRIVILEGED COMMUNICATION Michael L. Willoughby, Esq. Cyril a. Dantchev, Es Borchard & Willoughby Lorenz, Alhadeff, q 18881 Von Karmen Avenue Cannon & Rose Suite 1400 550 West C Street Irvine, CA 92715 19" Floor Mary Gilstrap, Esq. San Diego, CA 92101-3540 Best, Best & Krieger Allyn Wale, Cit 39700 Bob Hope Drive. City of Indio y Manager Suite 312 100 Civic Center Mall Rancho Mirage, CA 92270 Post Office Box 1788 Dolores M. Donohoe, Esq, Indio, CA 92202 Gibbons, Lees & Conl•ey John F. Cannon, Esq. 1850 Mt. Diablo Boulevard Stradling, Yocca, Carlson Walnut Creek, CA 94596 & Rauth 660 Newport Center Drive David A. De Berry, Esq. Suite 1600 City Attorney Irvine, California 92660 City of Orange 300 East Chapman Avenue Orange, CA 92666 Re: OCM Litigation - City of orange, et al. v. Alabama Treasury Program, et al. Los Angeles Superior Court Case No. BC 106 461 Dear Counsel: We received the enclosed fax from Desmond Lee describing a minor wording change (caused by a word processing error according to Mr'. Lee) in the proposed settlement agreement we recently sent you;'involving American National Can, Carpenters Pension Trust, C. IS Technologies, City of Hemet, H.E. Butt Investment, Memphis Light, Gas, & Water, Pioneer Citizens Bank, and UFCW, Local 711 ,Benefit Fund. As you will see, Mr. Lee has also provided, and we have also enclosed, a copy of the two affected paragraphs with the revised language. I understand 98:4{3206.144 98041.5 LnI z-Lo-n0 ; 1b:Ui r nuoaxin & JMI In-r r141b;11913;# 3/ 6 All Counsel February 25, 1998 Page 2 Michelle Orhyn from our office has been in touch with you to explain the change and to confirm that you will return an executed copy of the° settlement agreement to us by February 27 . Should you have any questions, please let me know. Sincerely, Robert D. Brain RDB/ww Enclosure cc: Don Howarth, Esq. (w/o encl. ) Suzelle M. Smith, Esq. (w/o encl. ) Katy Jacobs, Esq. (w/o encl. ) Arezou Kohan, Esq. (w/o encl. ) • 981432min 98041.5 JLA1I DI •IIVrLYzVII m yn• 111 , L. GJ-Q0 , SO•U/ , rIURAKIn H Jltllln-' (14L0010101$ g/ t) John T. DeCarlo DeCarlo, Connor & Selvo Patrick T. Connor Washington Gerald V. Sele° A PROFESSIONAL CORPORATION D.C. Margaret R. Gifford ATTORNEYS AT LAW Lee S Feldman 500 SOUTH VIRGIL AVENUE, r-DUn'1'H FLOOR Moe Daniel J. Hall DRArrvtrifl C. I RR LOS ANGELES, []C(IF0RNIA 90020.1430 Telephone Enrique Gutierrez p Brian F. Quinn" Telephone: (213,173S-7959 (2(12)!547-6300 Willow J. Prell"• Fax: 1213)738-1813 Daniel M. ShepleyFax Joyce M. Lee 1202)5479303 "Licensed to practice in r,enrgie and Weehington. O.C. nnly --LicE d to practice February 23, 199k ,eo in Virginia and Washington, D,C, only VIA FACSIMILE AND FIRST CLASS MAIL Robert Brain, Esq. HOWARTH & SMITH 700 South Flower Street, Suite 2900 Los Angeles, California 90017-4216 Re: City of Orange et at v. Carpenters Pension Trust for Southern California Case No, BC 106461 Dear Mr. Brain: ,This will confirm the fact that the phrase "past, present and future" in ¶¶ 2 1(a) & (h) of the settlement agreement will be moved from its current placement between the words "trustees" and "subcontractors" to its new place between the words "their" and "shat'eholders." 1 will contact you if any of member of the Group has a problem with his change. A copy of the two amended paragraphs arc enclosed. If any of the foregoing conflicts with your understanding of this matter, please contact me immediately. Very truly yours, • DeCARLO, CONNOR & SELVO, a Professional Corporation Desmond C. Lee DCL: enclosure �+ I UI •uv"n.vu u au, ,,, r lU.u/ r ❑V RHRI❑ p Jm1 In- r1zGUJ1 DIJ;$ b/ 6 SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF ALL CLAIMS This Release and Settlement Agreement ("Agreement") is made by and between Plaintiffs the City of(range, City of Big Bear Lake, City of Indio, City of Palm Desert, Palm Desert Redevelopment Agency, City of Torrance, City of La Quinta, La Quinta Redevelopment Agency, City of Loma Linda, I.oma Linda Redevelopment Agency, Coachella Valley Joint Powers Insurance Authority, City of Sanger, Sanger Redevelopment Agency, and Francis M. Loustalet, as Treasurer for Weld County and Board of County Commissioners of Weld County, (hereinafter "Releasors"), and defendants American National Can Company, Carpenters Pension Trust for Southern California (erroneously sued as Carpenters Pension Trust), C.I.S. Technologies, Inc. (erroneously sued as Computer Information Services Technologies, Inc.), City of Hemet, H.E. Butt Investment and Retirement Plan Trust, Memphis Light, Gas & Water Division for the Use and Benefit of the Retirement and Pension System, Pioneer Citizens Rank, and United Food & Commercial Workers Union Local 711 and Retail Food Employers Benefit Fund (erroneously sued as United Food & Commercial Workers, Local 711 Benefit Fund), (hereinafter "Joint Settlement Group"), (Releasors and Joint Settlement Group hereinafter collectively referred to as "Parties"), with reference to the fol lowing: 1.0 RECITALS 1.1 Certain civil litigation has been filed in the Superior Court of the State of California for the County of Los Angeles bearing Los Angeles Superior Court Case No. BC1064o1 entitled City ofOrungY, er at v. Alabama Treasury Advisory Program, et at (hereinafter "The Litigation"). 1.2 Subject to the terms and conditions of this Agreement, Joint Settlement Group and Releasors wish to enter into a settlement with respect to the facts, circumstances and events referred to in the pleadings in The Litigation, or raised during the course of The Litigation. 2.0 MUTUAL RELEASE AND COVENANTS 2.1 Upon execution of this Agreement by all Parties and receipt by plaintiffs of the sum of$3X7,048.65, receipt of which is hereby acknowledged, and entry by the Court of the Dismissal of The Litigation with prejudice against all members of the Joint Settlement Group, substantially in the form of Exhibit "A" hereto: a. Releasors, for themselves and their successors and assigns, hereby irrevocably and unconditionally release and forever discharge the Joint Settlement Group and their parent(s) or subsidiary entities, and all of their past, present and future shareholders, officers, directors, elected and appointed officials, agents, employees, former employees, trustees, subcontractors, attorneys, insurers, reinsurers, servants, accountants, financial advisors, predecessors, successors and assigns, defendant Carpenters Pension Trust for Southern California's ("CPT") plan administrator Carpenters Southern 980415 Juvl w .IIVIInIII/ tt am , I,' r e-eta-uu r 1V Vo , nU11HKln @ Jtnllnr li*4UJ1,71Jr$ b/ tJ California Administrative Corporation and any of its successor entities, and all of CPT's fiduciaries, trustees, and all of its sponsoring or contributing employers or unions, defendant United Food & Commercial Workers Union Local 711 and Retail Food Employers Benefit Fund's ("Local 711 Fund") plan administrator JAS Inc. and any of its successor entities, and all of Local 711 Fund's fiduciaries, trustees, and all of its sponsoring or contributing employers or unions, American National Can Master Retirement Trust and its plan trustees, plan sponsors, plan administrators, and plan fiduciaries, defendant hI.E. Butt Investment and Retirement Plan Trust's ("H.E. Butt Trust") plan administrator and plan sponsor H.E. Butt Grocery Company and all of I1.E. Butt Trust's fiduciaries and trustees, defendant Memphis Light, Gas & Water Division for the Use and Benefit of the Retirement and Pension System's plan trustees, plan sponsors, plan administrators and plan fiduciaries, from any and all demands, damages, attorneys' fees and costs, expenses, actions, claims, complaints, and causes of action, debts, guaranties, sums of money, rights, actions, obligations and liabilities, of whatsoever nature, known or unknown, suspected or unsuspected, which arc included within or could have been included within the Litigation and any matter related thereto, no matter how capable of asserting, so long as tied to the factual matrix of the Litigation. b. The Joint Settlement Group, for themselves and their successors and assigns, hereby irrevocably and unconditionally release and forever discharge Releasors and their parent(s) or subsidiary entities, and all of their past, present and future shareholders, officers, directors, elected and appointed officials, agents, employees, former employees, trustees, subcontractors, attorneys, insurers, reinsurers, servants, accountants, financial advisors, predecessors, successors and assigns, from any and all demands, damages, attorneys' fees and costs, expenses, actions, claims, complaints, and causes of action, debts, guaranties, sums of money, rights, actions, obligations and liabilities, of whatsoever nature, known or unknown, suspected or unsuspected, which are included within or could have been included within the Litigation and any matter related thereto, no matter how capable of asserting, so long as tied to the factual matrix of the Litigation (the claims described in ¶ 2.1(a) above and those claims described in this paragraph hereinafter collectively referred to as "Released Claims"). 3.0 WAIVER OF CIVIL CODE 4 1542 3.1 All Parties acknowledge that they have been advised by legal counsel and are familiar with the provisions of Section 1542 of the California Civil Code which 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. 2 980415 SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF ALL CLAIMS This Release and Settlement Agreement ("Agreement is made by and between Plaintiffs the City of Orange, City of Big Bear Lake, City of Indio, City of Palm Desert. Palm Desert Redevelopment Agency, City of Torrance, City of La Quinta, La Quinta Redevelopment Agency, City of Loma Linda, Loma Linda Redevelopment Agency, Coachella Valley Joint Powers Insurance Authority. City of Sanger. Singer Redevelopment Agency. and Francis M. Loustalet, as Treasurer for Weld County and Board of County Commissioners of Weld County, (hereinafter "Releasers"), and defendants American National Can Company, Carpenters Pension Trust for Southern California (erroneously sued as Carpenters Pension Trust), C.I.S. Technologies, Inc. (erroneously sued as Computer Infbmiat on Services Technologies, Inc.). City of Hemet, H.E. Butt Investment and Retirement Plan Trust, Memphis Light, Gas & Water Division for the Use and Benefit of the Retirement and Pension System, Pioneer Citizens Bank. and United Food & Commercial Workers Union Local 7 1 1 and Retail Food Employers Benefit Fund (erroneously sued as United Food .f- Commercial Workers,. Local 711 Benefit Fund), (hereinafter "Joint Settlement Group"). (Releasers and Joint Settlement Group hereinafter collectively referred to ac "Parties"), with reference to the following: 1.0 RECITALS 1 .1 Certain civil litigation has been filed in the Superior Court of the State of California for the County of Los Angeles bearing Los Angeles Superior Court Case No. BC 106461 entitled Ciry O'' Orange. et al v. Alabama Treasury Advisory Program. et al. (hereinafter "The Litigation"). 1 .2 Subject to the terms and conditions of this Agreement, Joint Settlement Group and Releases wish to enter into a settlement with respect to the facts, circumstances and events referred to in the pleadings in The Litigation, or raised during the course of The Litigation. 2.0 MUTUAL RELEASE AND COVENANTS 2.1 Upon execution of this Agreement by all Parties and receipt by plaintiffs of the sum of 5 87.048.65. receipt of which is hereby acknowledged, and entry by the Court of the Dismissal of The Litigation with prejudice against all members of the Joint Settlement Group, substantially in the form of Exhibit "A" hereto • a. Releasers, for themselves and their successors and assigns. hereby irrevocably and unconditionally release and forever discharge the Joint Settlement Group and their parent(s) or subsidiary entities, and all of their shareholders, officers, directors, elected and appointed officials, agents, employees. former employees, trustees, past, present and future, subcontractor;, attorneys, insurers, reinsurers, servants, accountants, financial advisors, predecessors, successors and assigns. defendant Carpenters Pension Trust for Southern California's ("CPT") plan administrator Carpenters Southern 950415 California Administrative Corporation and any of its successor entities, and all of CPT's fiduciaries, trustees. and all of its sponsoring or contributing employers or unions, defendant United Food & Commercial Workers Union Local 711 and Retail Food Employers Benefit Fund's ("Local 711 Fund') plan administrator LAS Inc and any of its successor entities, and all of Local 711 Fund's fiduciaries, trustees, and all of its sponsoring or contributing employers or unions, American National Can Master Retirement Trust and its plan trustees, plan sponsors, plan administrators. and plan fiduciaries. defendant H.E. Butt Investment and Retirement Plan Trust's ("H.F_.. Butt Trust") plan administrator and plan sponsor H.E. Butt Grocery Company and all of H.E. Butt Trust's fiduciaries and trustees, defendant Memphis Light: Gas &: Water Division for the Use and Benefit of the Retirement and Pension System's plan trustees, plan sponsors, plan administrators and plan fiduciaries, from any and all demands, damages, attorneys' fees and costs, expenses. actions, claims, complaints, and causes of action, debts, guaranties, sums of money, rights. actions. obligations and liabilities, of whatsoever nature, known or unknown. suspected or unsuspected, which are included within (Jr could have been included ++ithin the Litigation and any matter related thereto. no matter how capable of asserting, so long as tied to the factual matrix of the Litigation h. The Joint Settlement Group. for themselves and their successor and assign;. hereby irrevocably and unconditionally release and forever discharge Releascois and their parent(s) or subsidiary entities. and all of their shareholders. officers. director., elected and appointed Oircials. agents, employees, former employees, trusieEs, past, present and future, subcontractors, attorneys. - insurers, reinsurers, servants_ accountants, financial advisors, predecessors, successors and assigns, from any and all demands, damages, attorneys' fees and costs. expenses. actions. claims, complaints, and causes of action, debts, guaranties, suns of money. rights. actions, obligations and liabilities, of whatsoever nature, known or unknown, suspected or unsuspected, which are included +ithin or could have been included within the Litigation and any matter related thereto, no matter how capable of asserting; so long as tied to the factual matrix of the Litigation (the claims described in '" 2.1(a) above and those claims described in this paragraph hereinafter collectively referred to as "Released Claims"). • 3.0 WAIVER OF CIVIL CODE & 1542 3.1 All Parties acknowledge that they have been advised by legal counsel and are familiar with the provisions of Section 1 542 of the California Civil Code which 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 :he release. which if known b) him must have materially affected his settlement \+ith the debtor. 98©41.5 ;.1 The Parties hereto and each of them being aware of said code section hereby expressly waive any and all rights that they may have thereunder. The Parties understand and acknowledge that the significance and the consequence of this specific waiver of California Civil Code § 1542 is that es en if any Party to this Agreement should eventually suffer additional damages or liabilities in aiiy way related to or resulting from the facts and claims which are the subject of this Agreement. they will not be permitted to make any claim for those damages. Furthermore, all Parties acknowledge that they intend these consequences even as :o claims for any injuries, damages, losses or liabilities in any way related to or resulting from the facts and claims which are the subject of this Agreement that may exist as of the date of the Agreement but which the Parties do not know exist, and which, if knows, would materially affect any Party's decision to execute this release, regardless of whether any Party's lack of knowledge is the result of ignorance, oversight, error, negligence, or any other cause. 4.0 NO ADMISSION 4.1 This Settlement Agreement is not intended to be an admission of liability, or an admission as to contested issues of fact, or lava by any Party hereto. 4.2 It is expressly understood and agreed by and between the Parties hereto that this Settlement Agreement is the result of a compromise of disputed chums and that each of the Parties denies any liability whatsoe\.er to the other Parties, but in executing this Agreement, it is the intention of the Parties to fully and finally dispose of any and all Released Claims. 5.0 COSTS AND ATTORNEY'S FEES 5.1 The Parties hereby agree that each Party to this Agreement shall pay is own costs: expenses and attorneys fees in connection with the prosecution of, or defense against any claim asserted in The Litigation. All Parties hereto further agree :hat for purposes of costs and fees, or other damages or expenses, there shall he no prevailing party in The Litigation. 5.2 If an action is instituted by any Party to this Agreement for breach of this Agreement, or its terms, or for breach of any warranty or representation, or to interpret or enforce this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees and other costs, including all attorney's fees and costs of suit incurred in connection with said litigation, including the execution and collection upon final judgment, in addition to any other relief. 6.0 COUNTERPARTS 6.1 This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and which taken together shall constitute one and the same instrument and Agreement. A photocopy of a signed counterpart may be used in lieu of an original for all purposes for which an original may be used. 98041.5 7,0 AUTHORITY; WARRANTIES 7.1 The Parties, and each of them. recognize that it is the intent of all Parties. in entering into this Agreement, to resolve, as between these Parties, the Released Claims. a. Accordingly, Releasors, and each of them. warrant and represent as follows: i. Releasors hereby represent and warrant that the Released Claims are owned by each of them asserting the same, and have not been assigned, transferred or sold and are free of any encumbrance; and ii. Each of the persons and entities executing this Agreement on behalf of any Releasor is authorized and empowered to do so. b. Further. the Joint Settlement Group and each of them, warrant and represent as follows: i The Joint Settlement Group, and each of them, hereby represent and warrant that the Released Claims are owned by each of them asserting the same, and have not been assigned, transferred or sold and are free of any encumbrance:a d ii. Each of the persons and entities executing this Agreement on behalf of any members of the Joint Settlement Group hereto is authorized and empowered to do so. 8.0 MISCELLANEOUS 8.1. The Parties hereto agree and covenant not to institute any lawsuit against the other which is based on any claims released or resolved by this Agreement or which is in derogation of this Agreement. 8.2 The Parties hereto, and each of them, represent and warrant that in agreeing to the terms of this Agreement, they have read the Agreement, they have received independent legal advice from the counsel of their choice with respect to the advisability of making this Agreement, they are aware of the content and legal effect of this Agreement and have full knowledge of all rights which they may have, and they are acting with the advice of counsel of their choice. 8.3 The Releasors and the Joint Settlement Group have not made any statement, representation, or promise to the other, other than as set forth herein, in entering into this Agreement and ail Parties acknowledge that in entering into this Agreement they have not relied upon any representations. promises. Or conditions not specifically set forth herein. Any representation, warranty-, promise, or condition, whether written or oral, not specifically incorporated herein shalt not he binding upon any of the Parties hereto. 980415 4 8.4 The terms hereof are severable, and the invalidity of any tent hereof shall not affect the validity of any other term. • 8.5 This Settlement Agreement shall inure to the benefit of and he binding upon the heirs, administrators, executors; successors and assigns of the respective Parties hereto, and each of them. 8.6 Time is of the essence of all terms hereof. 8.7 Each Party shall sign or will direct their attorneys to sign all docurn.ents, and do all other things reasonably necessary to carry our the purpose, intent, a.id terms of this Agreement. 8.8 This Agreement is made and entered into in the State of California and sisal: he interpreted, applied, and enforced under and pursuant to the laws of said State. 8.9 This Agreement constitutes a single, integrated, %%riitten contract and expresses the entire agreement between the Parties pertaining to the subject matter contained in it and supersedes any and all prior or contemporaneous agreements, representations, or understandings of the Parties. No supplement. modification, Or amendment of this Agreement shall be binding unless executed in writing by all of the Parties. 8.10 The consideration hereinabove recited is contractual and not mere recital. I CERTIFY THAT I HAVE READ THE FOREGOING AGREEMENT TN ITS ENTIRETY, INCI.i_`DTNG CIVIL CODE SECTION 1542 CITED HEREIN, THAT I FULLY UNDERSTAND ALL OF THE LANGUAGE CONTAINED HEREIN, AND THAT I AGREE TO BE BOUND BY .A.LL THE TERMS AND CONDITIONS SET FORTH HEREIN. IN WITNESS WHEREOF, the Parties hereto have entered into and executed this agreement as of the date first mentioned. For Plaintiffs • DATED. , 1998 Authorized Representative of the CITY OF ORANGE DATED:ED: . 1998 _ Authorized Representative of the CITY OF BIG BEAR LAKE 9801'1, '.5 5 DATED: 1998 Authorized Representative of the CITY OF INDIO DATED: . 1998 Authorized Representative of the CITY OF PALM DESERT DATED: , 1998 Authorized Representative of PALM DESERT REDEVELOPMENT AGENCY DATED: , 1998 Authorized Representative of the CITY OF TORRANCE DATED: _ , 1998 Authorized Representative of the CITY OF LA QUINTA DATED: , 1998 Authorized Representative of LA QUINTA REDEVELOPMENT AGENCY DATED: , 1998 Authorized Representative of the CITY OF LOMA LINDA DATED: , 1998 Authorized Representative of LOMA LINDA REDEVELOPMENT AGENCY DATED , 1998 Authorized Representative of COACHELLA VALLEY JOINT POWERS INSURANCE AUTHORITY 980415 6 DATED: . 1998 _ Authorized Representative of the CITY OF SANGER DATED: , 1998 Authorized Representative of SANGER REDEVELOPMENT AGENCY DATED: March 9 1998 �ryt —41 - Authorized Representative of FRANCIS M. LOUSTALET. AS TREASURER FOR WELD COUNTY AND BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY Constance L. Harbert, Chair (03/09/98) FOR DEFENDANT American National Can Company DATED: , 1998 Authorized Representative of American National Can Company FOR DEFENDANT Carpenters Pension Trust for Southern California DATED . 1998 Authorized Representative of Carpenters Pension Trust for Southern California 980415 7 FOR DEFENDANT C.I.S Technologies, Inc. DATED: ._. . 1993 Authorized Representative of C.I.S. Technologies, Inc. FOR DEFENDANT City of Hemet DATED: , I998 Authorized Representative of City of Hemet FOR DEFENDANT H. E. Butt Investment and Retirement Plan Trust DATED: . 1998 Authorized Representative of H.E. Butt Investment and Retirement Plan Trust FOR DEFENDANT Memphis Light, Gas & Water Division for the Use and Benefit of the Retirement and Pension System DATED , 1998 Authorized Representative of Memphis Light. Gas & Water Division for the Use arid Benefit of the Retirement and Pension System 980415 8 FOR DEFENDANT Pioneer Citizens Bank DATED: . 1Q98 .Authorized Representative of Pioneer Citizens Bank FOR DEFENDANT United Food & Commercial Workers, Local 711 Benefit Fund DATED: , 1998 Authorized Representative of United Food & Commercial Workers, Local 711 Benefit Fund The signators below represent that they have provided advice to their clients as to the contents of the foregoing agreement. HOWARTH & SMITH DATED. , 1998 Attorney for Plaintiffs CITY OF ORANGE, CITY OF BIG BEAR LAKE. CITY OF INDJO, CITY OF PALM DESERT, PALM DESERT REDEVELOPMENT AGENCY, CITY OF TORRANCE, CITY OF LA QUINTA, LA QUINTA REDEVELOPMENT AGENCY, CITY OF LOMA LINDA, LOMA LINDA REDEVELOPMENT AGENCY, COACHELLA VALLEY JOINT POWERS INSURANCE AUTHORITY, CITY OF SANGER, SANGER REDEVELOPMENT AGENCY, AND FRANCIS M. LOUSTALET, AS TREASURER FOR WELD COUNTY AND BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY 980415 9 DATED: , 1998 Richard Nessary, Esq. Attorney for Defendant American National Can Company DATED: , 1998 Marsha D. Galinsky Attorney for Defendant Computer Information Services Technologies, Inc. DATED: 1998 Desmond C. Lee, Esq. Attorney for Defendant Carpenters Pension Trust for Southern California DATED: . 1998 Benjamin P. Fay Attorney for Defendant City of Hemet DATED: , 1998 Belinda K. Orem Attorney for Defendant H.E. Butt Investment and Retirement Plan Trust DATED: 1998 Irvin S. Evans Attorney for Defendant Memphis Light, Gas & Water Division for the Use and Benefit of the Retirement and Pension System 980415 10 DATED . 1998 Thomas E. Schuck Attorney for Defendant Pioneer Citizens Bank DATED _ _ , 1998 Lawrence J. McLaughlin Attorney for Defendant United Food & Commercial Workers, Local 711 Benefit Fund 98©415 11 PUBLIC ENTITY VERFICATION I , , declare : I am authorized on behalf of Plaintiff Francis M. Loustalet, as Treasurer for Weld County and Board of County Commissioners of Weld County, and I am familiar with the contents of the foregoing document . I further declare that the matters set forth in said OBJECTIONS AND RESPONSES TO DEFENDANT SAN DIEGO COUNTY EMPLOYEES RETIREMENT ASSOCIATION' S FIRST SET OF INTERROGATORIES are true and correct to the best of my information and belief, and on that basis allege them to be true and correct . I declare under penalty and perjury under the laws of the State of California that this Corporate Verification was executed on 1996 , at and the foregoing is true and correct . 9804".S 96;?3=39ES.635 Hello