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Home My WebLink AboutAgreement A-16-526 with Verizon California Inc..pdf Settlement Agreement & Release Page 1 of 6 SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS This Agreement and Release of Claims (the “Settlement Agreement") is made effective (the "Effective Date"), by and between Verizon California Inc. (“Verizon California”), Verizon Communications Inc. (“Verizon Communications”), California State Board of Equalization (“SBE”), and the Counties of Calaveras, Fresno, Humboldt, Imperial, Inyo, Kern, Kings, Los Angeles, Madera, Marin, Mendocino, Merced, Mono, Monterey, Nevada, Orange, Placer, Riverside, Sacramento, San Benito, San Bernardino, San Diego, San Joaquin, San Luis Obispo, Santa Barbara, Santa Clara, Santa Cruz, Sonoma, Stanislaus, Sutter, Trinity, Tulare, Ventura, and Yolo (collectively, the “County Defendants”). Each entity listed in this paragraph is referred to herein separately as "Party," and are referred to herein collectively as the "Parties." There are no other parties to this Settlement Agreement. WHEREAS, a dispute has arisen between the Parties arising from SBE’s valuation of Verizon California’s unitary property in tax years 2007 through 2014 (the “Dispute”); WHEREAS, Verizon California filed eight suits against SBE and the County Defendants (not all of whom are sued in each year) in the Sacramento Superior Court, Case Nos. 34-2011-00116029-CU-MC-GDS (2007 tax year), 34-2013-00138191 (consolidated 2008 and 2009 tax years); 34-2014-00171512 (2010 tax year); 34-2015- 00175631 (2011 tax year); 34-2015-00175609 (2012 tax year); 34-2015-00175621 (2013 tax year); 34-2015-00175627 (2014 tax year) (all cases consolidated on July 6, 2015, under case number 34-2011-00116029) (the “Action”); WHEREAS, on December 16, 2015, the Court granted summary adjudication in favor of the Defendants on tax years 2008-2012 (case numbers 34-2013-00138191; 34- 2014-00171512; 34-2015-00175631; and 34-2015-00175609); WHEREAS, on March 22, 2016, a bench trial commenced on tax years 2007, 2013, and 2014; WHEREAS the Parties wish to resolve their disputes as to tax years 2007, 2013, and 2014, including all claims that were brought or could have been brought by Verizon California relating to the Dispute and/or the Action as to those years without prejudice to Verizon California’s right to appeal the Court’s December 16, 2015 summary adjudication order regarding tax years 2008 through 2012; WHEREAS, Verizon California’s corporate parent, Verizon Communications, no longer owns Verizon California, but continues to own the following state-assessed companies: Los Angeles SMSA Ltd. Partnership, Fresno MSA Limited Partnership, Cellco Partnership, California RSA #4 partnership (all doing business as Verizon Wireless), MCI Communications Services, Inc., MCI Metro Access Transmission Settlement Agreement & Release Page 2 of 6 Services, Inc., Verizon Select Services, Inc., and Verizon Online, LLC (collectively, the “Verizon Affiliates”). NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Tax Credit to Verizon Affiliates Following execution of this Settlement Agreement, SBE shall cause the 2016 Board Roll of State Assessed Property for some or all of the Verizon Affiliates to be adjusted such that their 2016 tax burden is reduced by a total amount of $8,000,000. SBE shall implement this adjustment in the ordinary course of business subsequent to its adoption of an initial 2016 Roll reflecting the unadjusted values of the Verizon Affiliates. Specifically, SBE shall cause a roll change to be issued pursuant to its authority under Revenue and Taxation Code Sections 744 and 864 that will reduce the value of the state assessed property of the Verizon Affiliates in the various Defendant Counties by the amounts specified in Exhibit A for each county, resulting in a reduction of total tax due of $8,000,000, which amount shall not be increased pursuant to Revenue and Taxation Code section 744(c). SBE represents and warrants that under Revenue and Taxation Code Section 744 (a) SBE has the authority to determine and implement this valuation adjustment without the approval of the Board of Supervisors of any County Defendant and (b) SBE has the authority to enter in this Settlement Agreement on behalf of any County Defendant that does not sign the Settlement Agreement. SBE further agrees to indemnify and hold harmless Verizon California and Verizon Communications from any claim brought by a County Defendant regarding this valuation adjustment. Verizon Communications represents and warrants that the Verizon Affiliates have no objection to being third party beneficiaries under this Settlement Agreement for purposes of implementation of the valuation adjustment discussed in this paragraph. 2. Mutual Release Each Party specifically releases, waives, and forever discharges the other Party, its successors in interest, its past, present and future assigns, officers, directors, board members, current and former employees, agents, subsidiaries, affiliates, and attorneys from any and all claims, demands, judgments, actions, liabilities, liens, indebtedness, audits, assessments, and causes of actions, of every kind and character, whether asserted or unasserted, whether known or unknown, suspected or unsuspected, whether civil or administrative in nature, in law or in equity, for or by reason of any matter, cause or thing whatsoever, that were asserted or could have been asserted relating to SBE’s assessment of Verizon’s unitary property for tax years 2007, 2013, and 2014, excepting only the obligations created by and the representations, warranties and covenants made in this Settlement Agreement. This mutual release explicitly Settlement Agreement & Release Page 3 of 6 includes any claim for interest, whether pursuant to Revenue and Taxation Code section 744, subd. (c) or any other basis. 3. Waiver of Rights under California Civil Code Section 1542 It is understood and agreed that this Settlement Agreement is intended to cover and does cover all claims or possible claims related to the SBE’s assessment of Verizon California’s unitary property for tax years 2007, 2013, and 2014 whether known or unknown, suspected or unsuspected, or hereafter discovered or ascertained, and all rights under Section 1542 of the Civil Code of California ("Section 1542") are hereby expressly waived with respect to those claims. Each Party acknowledges that it is familiar with Section 1542, which reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Each Party expressly, knowingly, and intentionally waives and relinquishes any and all rights it has under Section 1542 with respect to Verizon California’s unitary property for tax years 2007, 2013, and 2014, as well as under any other similar state or federal statute or common law principle. 4. Dismissal of Action and Entry of Judgment Within five business days after execution of this Settlement Agreement, the Parties shall file a fully executed stipulation substantially in the form attached hereto as Exhibit B, or in such other form as required for approval by the Court to effectuate the dismissal, dismissing with prejudice the consolidated Action with respect to tax years 2007, 2013 and 2014 [case numbers 34-2011-00116029-CU-MC-GDS, 34-2015- 00175621, and 34-2015-00175627], with each Party to bear its own fees and costs, and stipulating to entry of judgment for the Defendants in accordance with the Court’s December 16, 2015 order granting summary adjudication for the years 2008-2012. The stipulation for judgment shall be as to the ministerial act of judgment only, and Verizon California shall retain all rights to pursue the 2008-2012 claims summarily adjudicated against it by the Court, including but not limited to all rights to appeal the Court’s December 16, 2015 order granting summary adjudication for tax years 2008 through 2012. 5. No Admission of Liability Each Party acknowledges and agrees that this Settlement Agreement is a compromise of disputed claims, and neither this Settlement Agreement, nor any consideration provided pursuant to this Settlement Agreement, shall be taken or Settlement Agreement & Release Page 4 of 6 construed to be an admission or concession by any Party of any kind with respect to any fact, liability, or fault. 6. No Assignment of Claims to Third Parties Each Party represents and warrants that it has not assigned or transferred, or purported to assign or transfer, to any person or entity any claim or cause of action released hereunder, and further agrees to indemnify the other Party against any liability, loss, damage, cost or expense, including reasonable attorneys’ fees arising out of any breach of this representation and warranty. Notwithstanding anything to the contrary contained herein, the sale of Verizon California to Frontier Communications Inc. or its affiliates will not be considered an assignment of claims to third parties. 7. Parties’ Costs and Fees The Parties agree to bear their own costs and attorneys’ fees for all matters related to the Action and/or the Dispute with respect to the tax years 2007, 2013, and 2014 and to the negotiation and consummation of this Settlement Agreement. 8. Entire Agreement This Settlement Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof, and there are no inducements, representations, warranties, or understandings that do not appear within the terms and provisions of this Settlement Agreement. This Settlement Agreement may be modified only by a writing signed by all Parties. 9. Authorization Each individual signing this Settlement Agreement warrants and represents that he has the full authority and is duly authorized and empowered to execute this Settlement Agreement on behalf of the Party for which he signs. This representation includes a representation by the persons signing on behalf of the public entity Parties that all required public approvals of this Settlement Agreement have been obtained. 10. Governing Law and Forum The parties agree that this Settlement Agreement shall be construed, interpreted, governed, and applied in accordance with the laws of the State of California, without regard to its rules with respect to conflicts of laws. Any suit hereunder will be brought solely in a Superior Court of California. Each party agrees to subject itself to the personal jurisdiction of such court and shall not contest such jurisdiction or the venue of such court or the convenience of the forum. Settlement Agreement & Release Page 5 of 6 11. Severability and Construction Except as provided herein, if any provision of this Settlement Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, such provision shall be modified or deleted, whichever change is less significant, so as to make the term, condition, or provision valid and enforceable to the fullest extent permitted by law and the remaining provisions shall remain in full force and effect. This Settlement Agreement has been negotiated by the Parties and their respective counsel and shall be interpreted fairly in accordance with its terms and without any strict construction in favor of or against any Party. 12. Binding Effect. This Settlement Agreement shall be binding on the Parties, their successors in interest, and present and future subsidiaries, assignees or acquirers, including any acquirer of substantially all of the assets of a Party. IN WITNESS HEREOF, the Parties have caused their duly authorized representatives to execute this Settlement Agreement to be effective as of the Effective Date. VERIZON CALIFORNIA INC. By (Sign) Name (Print) Title Date Dated: Dated: Dated: Settlement Agreement & Release CALIFORNIA STATE BOARD OF EQUALIZATION t:J~iJ JwwuxP B'y(Sign) ~ f?iJ Mi"'-7 tv . r-AH tUg- Name (Print) ~S17f-,Jr Ct-hff GOWN5SL Title Date COUNTY OF ALPINE By: ________________________ ___ Title:--------------------------- COUNTY OF CALAVERAS MEGAN K. STEDTFELD COUNTY COUNSEL By: -------------------------- DAVID E. SIRIAS Assistant County Counsel Attorneys for COUNTY OF CALAVERAS COUNTY OF DEL NORTE By: ________________________ ___ Title: ------------------------ Page 6 of6 Dated: Dated: Settlement Agreement & Release CALIFORNIA STATE BOARD OF EQUALIZATION By (Sign) Name (Print) Ti tle Date COUNTY OF ALPINE By: __________________________ _ Title:---------------------------- COUNTY OF CALAVERAS ~~~~~TE DTFEM By: ~ DAVIDE.RJ Assistant County Counsel Attorneys for COUNTY OF CALAVERAS COUNTY OF DEL NORTE By: __________________________ __ Title: ---------------------------- Page 6 of 6 Dated: ~ • a3, d-.D I l9 ATTEST: BERNICE E. SEIDEL , Clerk Board of Supervisors By ~Sl>vr--? ~;;:b Deputy ~ Dated: Dated: Dated: Dated: Settlement Agreement & Release COUNTY OF FRESNO By : Ernest Buddy Mendes Title: Chairman. Boal!d of Supervisors COUNTY OF HUMBOLDT By: ______________________________ _ MARK LOVELACE Chair, Humboldt County Board of Supervisors COUNTY OF IMPERIAL By: __________________________ __ Title: ------------------------------ COUNTY OF INYO By : ____________________________ _ Title: ----------------------------- COUNTY OF KERN By: ____________________________ __ TH ERESA A. GOLDNER, County Counsel Page 7 of 6 Dated: Dated: ·[!j-ll·l6 Dated: Dated: Da~ed: Settlement Agreement & Release COUNTY OF FRESNO By: --------------------------- Title : --------------------------- COUNTY OF HUMBOLDT By:~~~ MARK LOVELACE Chair, Humboldt County Board of Supervisors COUNTY OF IMPERIAL By : _________________________ _ Title: --------------------------- COUNTY OF INYO By=-----~------------------- Title:-------------------------- COUNTY OF KERN By: _____________ ~----~--~- THERESA A. GoLDNER, County Counsel Page 7 of6 Dated: Dated: Dated: Dated: Dated: Settlement Agreement & Release COUNTY OF FRESNO By: __________________________ __ Title: ----------------------------- COUNTY OF HUMBOLDT By: ____________________________ _ MARK LOVELACE Chair, Humboldt County Board of Supervisors Title: County Counsel COUNTY OF INYO By: ____________________________ _ Title: ---------------------- COUNTY OF KERN By: ____________________________ _ THERESA A. GOLDNER, County Counsel Page 7 of6 Dated: Dated: Dated : COUNTY OF FRESNO By: __________________________ _ Title: ----------------------------- COUNTY OF HUMBOLDT By : __________________________ __ MARK LOVELACE Chair, Humboldt County Board of Supervisors COUNTY OF IMPERIAL By : __________________________ __ Title:---------------------------- Dated: COUNTY OF INYO ?~c;:::::. By : Kevin D. Carunchio Title: Inyo County Administrative Officer Dated: COUNTY OF KERN Settlement Agreement & Release By : ________ ~--------~--~~ THERESA A. GoLDNER, County Counsel Page 7 of6 Dated: COUNTY OF FRESNO By : ---------------------------- Title : ---------------------------- Dated: COUNTY OF HUMBOLDT By : _________________________ __ MARK LOVELACE Chair, Humboldt County Board of Supervisors Dated : COUNTY OF IMPERIAL By : _____________________ _ Title :--------------------------- Dated: COUNTY OF INYO By : ______________________ __ Title :-------------------------- Dated: COUNTY OF KERN Settlement Agreement & Release Page 7 of6 Settlement Agreement & Release Page 8 of 6 COUNTY OF KINGS Erik D. Kaeding, Deputy By (Sign) County Counsel Title Date Dated: COUNTY OF LAKE ___________________________________ By: ___________________________________ Title: ___________________________________ Dated: COUNTY OF LOS ANGELES MARY C. WICKHAM County Counsel By: ____________________________________ ALBERT RAMSEYER Principal Deputy County Counsel Attorneys for COUNTY OF LOS ANGELES MADERA COUNTY Dated: _______________________________ Chairman, Board of Supervisors Attest: Dated: _______________________________ Clerk, Board of Supervisors Approved as to Legal Form: COUNTY COUNSEL Dated: _______________________________ REGINA A. GARZA Dated: Dated: A-\j .. tB 1 '2ol6 Dated: Dated: Dated: Settlement Agreement & Release By: Title: COUNTY OF KINGS Erik D. Kaeding. Deputy By (Sign) County Counsel Title Date COUNTY OF LAKE ---------------------------- ---------------------------- COUNTY OF LOS ANGELES MARY C. WICKHAM CountyCou~e By: 14 ALBERT RAMSEYER Principal Deputy County Counsel Attorneys for COUNTY OF LOS ANGELES MADERA COUNTY Chairman, Board of Supervisors Attest: Clerk, Board of Supervisors Approved as to Legal Form: COUNTY COUNSEL REGINA A GARZA Page 8 of6 Dated: Dated: Dated: Ou/0 7 /ozo/~ Settlement Agreement & Release COUNTY OF KINGS Erik D. Kaedin g. Deputy By (Sign) County Counsel Title Date COUNTY OF LAKE By: ________________________ __ Title:--------------------- COUNTY OF LOS ANGELES MARY C. WICKHAM County Counsel By: ____________________ __ ALBERT RAMSEYER Principal Deputy County Counsel Attorneys for COUNTY OF LOS ANGELES Approved as to Legal Form: ~ty Page 8of6 Dated: Dated: Dated: Dated: Dated: Dated: Settlement Agreement & Release COUNTY OF MARIN COUNTY OF MENDOCINO KATHARINE L . ELLIOT, County Counsel By : __________________________ __ BRINA A . LATKJN , Deputy COUNTY OF MERCED By : __________________________ _ Title:-------------- COUNTY OF MONO STACEY SIMON, Acting County Counsel By: _____________ _ STEPHEN M. KERINS , Deputy County Counsel Attorneys for Defendant COUNTY OF MONO COUNTY OF NEVADA By : __________________________ __ RICK HAFFEY, County Executive Officer MARCIA SALTER, Auditor-Controller Approved as to Form: RHETIA VANDER PLOEG Deputy County Counsel Page9of6 Dated: Dated: ~u.s+-\2, lt>\ l,e1 Dated: Dated: Dated: Dated: Settlement Agreement & Release By: Title: By: COUNTY OF MARIN --------------------------- --------------------------- COUNTY OF MENDOCINO KATHARINE L. ELLIOT, County Counsel BRINA A . LA TKIN, Deputy 00C:::::::::::: COUNTY OF MERCED By: __________________________ _ Title:--------------------------- COUNTY OF MONO STACEY SIMON, Acting County Counsel By: ______________________ __ STEPHEN M. KERINS, Deputy County Counsel Attorneys for Defendant COUNTY OF MONO COUNTY OF NEVADA By: __________________________ __ RicK HAFFEY, County Executive Officer MARCIA SALTER, Auditor-Controller Approved as to Form: RHETIA VANDER PLOEG Deputy County Counsel Page9 of6 Dated: Dated: COUNTY OF MARIN By: __________________________ ___ Title: ---------------------------- COUNTY OF MENDOCINO KATHARINE L. ELLIOT, County Counsel By: ____________________________ __ BRINA A. LA TKfN, Deputy Title : County Executive Officer COUNTY OF MONO Dated: STACEY SIMON, Acting County Counsel Dated: Dated: Settlement Agreement & Release By: ________________________ _ STEPHEN M. KERINS, Deputy County Counsel Attorneys for Defendant COUNTY OF MONO COUNTY OF NEVADA By: __________________________ _ RICK HAFFEY, County Executive Officer MARCIA SA LT ER , Auditor-Controller Approved as to Form: RHETT A VA NDER PLOEG Deputy County Counsel Page 9 of6 Dated : Dated: Dated: Dated: Avf qt \1-1 1-o \ (, Dated: Dated: Settlement Agreement & Release COUNTY OF MARIN By: ---------------------------- Title: By: By: Title : ---------------------------- COUNTY OF MENDOCINO KATHARINE L. ELLIOT, County Counsel -----------------------------BRINA A . LATKIN , Deputy COUNTY OF MERCED ---------------------------- ---------------------------- COUNTY OF MONO STACEY SIMON, Acting County Counsel By:~~ STEPHEN M . ERIN S , Deputy County Counsel Attorneys for Defendant COUNTY OF MONO COUNTY OF NEVADA By =----------------------~---- RlcK HAFFEY , County Executive Officer MARCIA SALTER, Auditor-Controller Approved as to Form : RHETT A VANDER PLOEG Deputy County Counsel Page 9 of6 Dated: Dated: Dated: Dated: Dated: Dated: Settlement Agreement & Release By: Title: COUNTY OF MARIN ---------------------------- ---------------------------- COUNTY OF MENDOCINO KATHARINE L. ELLIOT, County Counsel By: __________________________ ___ BRINA A . LA TKIN, Deputy COUNTY OF MERCED By: __________________________ __ Title : ---------------------------- COUNTY OF MONO STACEY SIMON, Acting County Counsel By: ---------------------------STEPHEN M . KERINS, Deputy County Counsel Attorneys for Defendant COUNTY OF MONO COUNTY OF NEVADA Page 9 of6 Dated: A-o~usf. &,'2.olb Dated: Dated: Dated: Dated: Settlement Agreement & Release COUNTY OF ORANGE LEON J. PAG E, County Counsel By:~ <2. rtJQ STEVEN C. MILLER, Senior Deputy Counsel Attorney for Defendant, County of Orange COUNTY OF PLACER By: __________________________ _ Title: ---------------------------- COUNTY OF RIVERSIDE By: __________________________ _ Title: ---------------------------- COUNTY OF SACRAMENTO By: __________________________ __ STEVEN PAGE Manager, Risk and Loss Control Division Approved as to Form: RICK HEYER Supervising Deputy County Counsel County of Sacramento Page 10 of6 Dated: Dated: Dated: Dated: Settlement Agreement & Release COUNTY OF ORANGE LEON J. PAGE, County Counsel By: __________________________ __ STEVEN C. MILLER, Senior Deputy Counsel Attorney for Defendant, County of Orange COUNTY OF RIVERSIDE By: __________________________ __ Title:-------------------------- COUNTY OF SACRAMENTO By: __________________________ __ STEVEN PAGE Manager, Risk and Loss Control Division Approved as to Form: RICK HEYER Supervising Deputy County Counsel County of Sacramento Page 10 of 6 Dated: Dated: Dated : Dated : Au8f)S-l-lfa I W(b Dated: f( . 1 G, , !G Settlement Agreement & Release COUNTY OF ORANGE LEON J . PAGE, County Counsel By: __________________________ ___ STEVEN C. MILLER, Senior Deputy Counsel Attorney for Defendant, County of Orange COUNTY OF PLACER By : __________________________ __ Title :--------------------------- COUNTY OF RIVERSIDE By: ________________________ ___ Title:-------------------------- COUNTY OF SACRAMENTO sill~ofr: DA VlD VILLANUEVA Chief Deputy County Executive Approved as to Fonn: Supervising D uty County Counsel County of Sacramento Page 10 of6 Dated: Dated: Dated: Settlement Agreement & Release COUNTY OF SAN BENITO By: rt:::::r 1l----- -"f\obert .. Rivas 'chair, lloard ofvSuper~isors COUNTY OF SAN BERNARDINO By: ~--------------------------GREGORY C. DEVEREAUX Chief Executive Officer Date: ---------------------------- APPROVED FOR RELEASE: By: __________________________ _ Date: JEAN-RENE BASLE County Counsel ---------------------------- COUNTY OF SAN DIEGO By: _________________________ __ Title:------------------------- COUNTY OF SAN FRANCISCO By: _________________________ __ Title: --------------------------- Page 11 of 6 Dated: COUNTY OF SAN BENITO By :~----~------------------ BARBARA THOMPSON Acting Assistant County Counsel COUNTY OF SAN BERNARDINO By~:f2.Sl~ G . DEVEREAUX Chief Executive Officer Date : 8' ;/ o~ 6 I I APPROVED FOR RELEASE: B~~ iE=RENEBASI: ounty Counsel Date: t -I 0 .... 1 ' Dated: COUNTY OF SAN DIEGO By: __________________________ _ Title:--------------- Dated: COUNTY OF SAN FRANCISCO By : _____________________ _ Title:---------------- Settlement Agreement & Release Page 11 of6 Dated: Dated: Settlement Agreement & Release COUNTY OF SAN BENITO By: - BARBARA THOMPSON Acting Assistant County Counsel COUNTY OF SAN BERNARDINO By: ______________________ ___ GREGORY C. DEVEREAUX Chief Executive Officer Date:---------------- APPROVED FOR RELEASE: By: _____________________ ___ JEAN-RENE BASLE County Counsel Date:-------------- CQUNTY OF SAN DIEGO "1~ s C. Alewrfg~..::J COUNTY OF SAN FRANCISCO By: _____________________ ___ Title:------------------ Page 11 of6 Dated i /II /! 6 Dated: Dated: Dated: Dated: Settlement Agreement & Release By: By: Deputy County Counsel COUNTY OF SAN LUIS OBISPO RrTAL. NEAL COUNTY COUNSEL --~------------------------- ANNDUGGAN Deputy County Counsel Attorneys for COUNTY OF SAN LUIS OBISPO COUNTY OF SANTABARBARA MICHAEL GHIZZONI, COUNTY COUNSEL ----------------------------- MARIE A. LA SALA Senior Deputy County Counsel Attorneys for COUNTY OF SANTA BARBARA COUNTY OF SANTA CLARA By: ____________________________ _ JAMES R. WILLIAMS Acting County Counsel COUNTY OF SANTA CRUZ By: ____________________________ _ BRUCE MCPHERSON Chair, Board of Supervisors Page 12 of6 Dated: Dated: f / f' j !lt:' Dated: Dated: Dated: Settlement Agreement & Release By: COUNTY OF SAN JOAQUIN ----------------------------ROBERT E. O'ROURKE Deputy County Counsel COUNTY OF SAN LUIS OBISPO RITAL.NEAL C~~~EL · By: V/VlMfl)u ANNDUGGAN Deputy County Counsel Attorneys for COUNTY OF SAN LUIS OBISPO COUNTY OF SANTA BARBARA MICHAEL GHIZZONI, COUNTY COUNSEL By: __________________________ __ MARIE A. LA SALA Senior Deputy County Counsel Attorneys for COUNTY OF SANTA BARBARA COUNTYOFSANTACLARA By: __________________________ __ JAMES R. WILLIAMS Acting County Counsel COUNTY OF SANTA CRUZ By: __________________________ __ BRUCE MCPHERSON Chair, Board of Supervisors Page 12 of6 Dated: Dated: Dated: Dated: Dated: Settlement Agreement & Release By: By: COUNTY OF SAN JOAQUIN ~---------------------------ROBERTE.O'ROURKE Deputy County Counsel COUNTY OF SAN LUIS OBISPO RITAL. NEAL COUNTY COUNSEL --~~-----------------------ANNDUGGAN Deputy County Counsel Attorneys for COUNTY OF SAN LUIS OBISPO COUNTY OF SANTA BARBARA MICHAEL GHIZZONI, CO Y COUNSEL Senior Deputy County Counsel Attorneys for COUNTY OF SANTA BARBARA COUNTY OF SANTA CLARA By: ____________________________ _ JAMES R. WILLIAMS Acting County Counsel COUNTY OF SANTA CRUZ By: ____________________________ _ BRUCE MCPHERSON Chair, Board of Supervisors Page 12 of 6 Dated: Dated: Dated: Dated: ~~~~/G Dated: Settlement Agreement & Release By: COUNTY OF SAN JOAQUIN ~--------------------------ROBERT E. O'ROURKE Deputy County Counsel COUNTY OF SAN LUIS OBISPO RlTAL. NEAL COUNTY COUNSEL By: __________________________ ___ ANN DUGGAN Deputy County Counsel Attorneys for COUNTY OF SAN LUIS OBISPO COUNTY OF SANTA BARBARA MICHAEL GIDZZONI, COUNTY COUNSEL By: __________________________ ___ MARIE A. LA SALA Senior Deputy County Counsel Attorneys for COUNTY OF SANTA BARBARA COUNTY OF SANTA CLARA By :~.::P ~ JAMES R. WILLIAMS Acting County Counsel COUNTY OF SANTA CRUZ By: __________________________ ___ BRUCE MCPHERSON Chair, Board of Supervisors Page 12 of6 Dated: Dated: Dated: Dated: Settlement Agreement & Release COUNTY OF SAN JOAQUIN By: __________________________ ___ By: ROBERT E. O'ROURKE Deputy County Counsel COUNTY OF SAN LUIS OBISPO RITAL.NEAL COUNTY COUNSEL -----------------------------ANNDUGGAN Deputy County Counsel Attorneys for COUNTY OF SAN LUIS OBISPO COUNTY OF SANTA BARBARA MICHAEL GHIZZONI, COUNTY COUNSEL By : __________________________ ___ MARIE A . LA SALA Senior Deputy County Counsel Attorneys for COUNTY OF SANTA BARBARA COUNTY OF SANTA CLARA By : __________________________ ___ JAMES R. WILLIAMS Acting County Counsel COUNTY OF SANTA ~RUZ J By: a#tf?z;&c~J BRUCE McPHERSON Chair, Board of Supervisors Page 12 of 6 Dated: Dated: { f \}-/tid'- Dated: .. Dated: . ·.; 'I I'', j . \. ·. ·_ .. · . Dated: Dated: Settlement Agreement & Release COUNTY OF SONOMA By : =----------------------------EFREN CARRILLO, Chair Board of Supervisors SONOMA COUNTY COUNSEL Bruce D. Goldstein By: i1&~ .{¥ JENNIFER C. KLEIN, Deputy County Counsel COUNTY OF STANISLAUS JOHN P. DOERING, County Counsel By: __________________________ _ DEIRDRE McGRATH, Deputy Attorneys for Defendant County of Stanislaus COUNTY OF SUTTER · ·: : I • ~ -·-~ : ) I I I ! ' . By: ____________ ._·_. ___________ __ Title: ----------------------------- COUNTY OF TRINITY By: ________________________ ___ Title: __________________________ _ COUNTY OF TULARE By: ________________________ ___ Title: _________________________ ___ Page 13 of6 Dated: Dated: Dated: Dated: Dated: Dated: Settlement Agreement & Release By: By: COUNTY OF SONOMA =---~------~--------------EFREN CARRILLO, Chair Board of Supervisors SONOMA COUNTY COUNSEL Bruce D. Goldstein ~----~~--~-------------- JENNIFER C. KLEIN, Deputy County Counsel COUNTY OF SUTTER By: __________________________ __ Title: ---------------------------- COUNTY OF TRINITY By: __________________________ _ Title: ---------------------------- COUNTY OF TULARE By: __________________________ __ Title: ---------------------------- Page 13 of6 Dated: Dated: Dated: Dated: Dated: Settlement Agreement & Release By: COUNTY OF SONOMA =---~----~~~-----------EFREN CARRILLO, Chair Roard of Supervisors SONOMA COUNTY COUNSEL Bruce D. Goldstein By: __ _ JENNIFER C. KLEIN, Deputy County Counsel COUNTY OF STANISLAUS JOHN P. DOERING, County Counsel By: =---~~~--~-------------DEIRDRE McGRArn, Deputy Attorneys for Defendant County of Stanislaus COUNTY 0}' SUTTER By:~~ Title: J ~ fwlltlf ~lsi( *""""~'~~"' COUNTY OF TRINITY By: ________________________ __ Title: --------------------------- COUNTY OF TL"LARE By: ________________________ ___ Title: Page 13 of6 Dated: Dated: Dated: Dated: Dated: Dated: Settlement Agreement & Release COUNTY OF SONOMA By: =-----------~--------------- By: EFREN CARRILLO, Chair Board of Supervisors SONOMA COUNTY COUNSEL Bruce D. Goldstein ~---------------------------JENNIFER C. KLEIN, Deputy County Counsel COUNTY OF STANISLAUS JOHN P. DOERING, County Counsel By: ____________________________ _ DEIRDRE MCGRATH, Deputy Attorneys for Defendant County of Stanislaus COUNTY OF SUTTER By: __________________________ __ Title : ---------------------------- COUNTY OF TRINITY ----------, ~~ --~~----;;r COUNTY OF l'ULARE By: __________________________ __ Title:---------------------------- Page 13 of 6 Dated: Dated: Dated: Dated: Dated: Dated: Settlement Agreement & Release COUNTY OF SONOMA By: ____________________________ _ EFREN CARRILLO, Chair Board of Supervisors SONOMA COUNTY COUNSEL Bruce D. Goldstein By: __________________________ __ JENNIFER C. KLEIN, Deputy County Counsel COUNTY OF STANISLAUS JOHN P. DOERING, County Counsel By: -----------------------------DEIRDRE MCGRATH, Deputy Attorneys for Defendant County of Stanislaus COUNTY OF SUTTER By: __________________________ __ Title: ---------------------------- COUNTY OF TRINITY By: __________________________ __ Title: ---------------------------- COUNTY OF TULARE Ke..v~·" S +,'~.,c./ ( Oerr'-11'1 J Title: Cov.11 ry CUv. 11 a .. / Page 13 of6 Dated: 1) v;/1(17 Dated : Settlement Agreement & Release COUNTY OF YOLO By : ____________________________ _ E RIC M AY Senior Deputy County Counsel Page 14 of 6 Dated : COUNTY OF VENTURA By: ----------------------------- Title: ----------------------------- Dated: ~~2..0/p Settlement Agreement & Release Page 14 of 6 Dated: Dated: 7 -1£, -(& Dated: ~/ j_ {,!// tP . I Settlement Agreement & Release STEPHEN L. AGNINI Assessor-County Clerk-R er Ql:lr:;£J~~ Risk Manager , · 'e.- Charles J. McKee .. County C.~~ By: . U ' "'ILL1AM LITT Oeputy County Counsel Page 10 of 10 SETILEMENT AGREEMENT AND RELEASE OF CLAIMS Exhibit A County 2015 Tax Rate Share of Settlement Value Adjustment Calaveras 1.48700% $50 .26 $3,380 Fresno 1.27699% $51,293.79 $4,016,766 Humboldt 1.39300% $11,591.54 $832,128 Imperial 1.41710% $6,287 .41 $443,682 In yo 1.15608% $19,479 .04 $1,684,920 Kern 1.39822% $76,224.80 $5,451,571 Kings 1.21484% $3,977.94 $327,446 Los Angeles 1.12741% $2,983,795.66 $264,659,322 Madera 1.14465% $27.33 $2,387 Marin 1.53020% $35,682.40 $2,331,878 Mendocino 1.26200% $5,683 .54 $450,360 Merced 1.37930% $3,927.26 $284,728 Mono 1.39623% $18,404.05 $1,318,125 Monterey 1 .09422% $2,228.83 $203,692 Nevada 1.04970% $656.62 $62,553 Orange 1.19386% $444,229.54 $37,209,517 Placer 1.53310% $4,430.22 $288,972 Riverside 1.56301% $1,696,315.65 $108,528,778 Sacramento 1.65190% $2,076 .27 $125,690 San Benito 1.03542% $2.08 $201 San Bernardino 1.32720% $1,474,691.45 $111,112,979 San Diego 1.47330% $648 .86 $44,041 San Joaquin 1.44140% $51,821.85 $3,595,244 San Luis Obispo 1.05288% $7,391.64 $702,040 Santa Barbara 1.20767% $379,547.72 $31,428,099 Santa Clara 2.01397% $181,479.94 $9,011,055 Santa Cruz 1.13539% $3,356.27 $295,605 Sonoma 1.58890% $8,989.16 $565,748 Stanislaus 1.27567% $159 .08 $12,470 Sutter 1.11138% $511.90 $46,060 Trinity 1.06390% $13,666 .64 $1,284,575 Tulare 1 .32190% $22,362 .10 $1,691,663 Ventura 1.43197% $488,424 .72 $34,108,491 Yolo 1.16610% $584.45 $50,120 Total $8,000,000 $622,174,286