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HomeMy WebLinkAboutResolution No. 5680RESOLUTION NO. 5680 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael a contract, lease or agreement with SETTLEMENT OF LAW SUIT WITH GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a REGULAR meeting of the City Council of said City held on MONDAY the 7th day of MAY , 1979 by the following vote, to wit: AYES: COUNCILMEN:Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 'qf"�'h. S2� . - �w.. "NE M. LEONCINI, City Clerk 1/78 -CC ORIDIGINAL The undersigned hereby executes the Settlement Agreement settling and compromising the Mallick and the County suits (more particularly described in said agreement): City of San Rafael Dated: May 7, 1979 g Name: LAWRENCE E=ULRYAN Title: Mayor ATTEST: NNE M. LEONCINI, C'ty Clerk -32- "I - W-1100 = SETTLEMENT AGREEMENT This Agreement is entered into by and between John Mallick (hereinafter "Mallick"), County of Marin, Town of Fairfax, Town of Belvedere, Town of Corte Madera, Town of Larkspur, City of Mill Valley, City of Novato, Town of Ross, Town of San Anselmo, City of Sausalito, City of San Rafael, City of Tiburon, City of Cotati, City of Petaluma, City of Santa Rosa, Robert Roumiguiere, Barbara Boxer, Denis T. Rice, Gary Giacomini, Arnold Baptiste, Sherry Levit, Al J. Malvino, Edgar B. Ross, Robert Flahive, Woody Capurro, Larry Mulryan, Albert Gately, Robin Sweeney, Robert Burke, Roy Farrington Jones and Ivan Poutiatine, (hereinafter "County suit plaintiffs") and the Golden Gate Bridge, Highway and Transportation District (hereinafter "District") in the City and County of San Francisco, State of California. A. District is a bridge, highway and transportation district, organized and existing under the laws of the State of California, and owns and operates the Golden Gate Bridge and bus and ferry transit services (hereinafter "transit services") between the City and County of San Francisco and the Counties of Marin and Sonoma. B. on September 29, 1977, the Board of Directors approved a Final Environmental Impact Report ("EIR") under the California Environmental Quality Act ("CEQA") concerning various alternative combinations of increased bridge tolls and transit service fares (as well as an alternative of no increased tolls and fares), and adopted Ordinance Number 199, which enacted "Alternative 2" of the EIR, and which also contained a certain section 9 concerning a setting aside of funds for potential use for transportation activities in the City and County of San Francisco. C. On October 24, 1977, Mallick filed a lawsuit in the Superior Court, County of Marin, against District attacking the validity of said Ordinance Number 199 (herein- after "Mallick suit"). Venue of said suit was transferred to the County of San Mateo (Superior Court, County of San Mateo, Action No. 217298). On October 28, 1977, the County suit plaintiffs filed a lawsuit in the Superior Court, County of Marin, against District, attacking the validity of said Ordinance Number 199 (hereinafter "County suit"). Venue of the Count suit was also transferred to the County of San Mateo (Superior Court, County of San Mateo, Action No. 217299). The County of Sonoma was originally a plaintiff in the County suit, but withdrew and was dismissed without prejudice as a plaintiff on April 24, 1978. D. On March 10, 1978, the Board of Directors of District adopted Ordinance Number 205, repealing section 9 of Ordinance Number 199. -2- E. On April 24, 1978, the Superior Court of the State of California in and for the County of San Mateo entered judgments against District in both the Mallick and the County suits, inter alia declaring Ordinance Number 199 to be invalid and ordering repayment of and restitution of the increased tolls and fares collected thereunder. F. District filed a notice of appeal in the Mallick' suit and Mallick filed a notice of cross-appeal. The appeal and cross-appeal have been fully briefed and are currently pending in the Court of Appeal, State of California, First Appellate District, Division One (1 Civil No. 44224). G. District filed a notice of appeal in the County suit, and that appeal has been fully briefed and is currently pending in the Court of Appeal, State of California, First Appellate District, Division One (1 Civil No. 44926). H. Mallick also filed a petition for writ of mandamus in the Court of Appeal, State of California, First Appellate District, Division One (1 Civil No. 45217, herein- after "Mallick petition") seeking, inter alia, to overturn certain trial court orders in the County suit denying his motions to intervene in that action, to vacate the judgment in that action, and to decertify it as a class action. On or about February 16, 1979, the Court of Appeal issued a peremptory writ of mandamus in said proceeding. MIC I. On August 11, 1978, the Board of Directors of District, after preparation and approval of another EIR, adopted Ordinance Number 208, which enacted new tolls and fares, effective August 12, 1978. Ordinance Number 208 also reduced the 20 percent discount on transit ticket books for transit services to 10 percent, effective October 1, 1978. J. On September 28, 1978, the Board of Directors of District enacted Ordinance Number 211 which extended the 20 percent discount on transit ticket books for an additional thirty days, to and including October 31, 1978. On October 27, 1978, the Board of Directors of District enacted Resolution Number 10,057 which provided that outstanding 20 percent transit ticket books which had been sold in October, 1978 would continue to be honored through the month of November 1978. It was understood and agreed that the additional dis- count in effect rebated to transit users sums equal to the additional 10 percent transit discount for said months and that said sums would be credited against any obligation of District to rebate funds to transit users under any subsequent settlement. The amount so rebated during October and November 1978 is the sum of $48,800. K. The parties have engaged in prolonged and extensive settlement discussion and negotiations toward the end of reaching a settlement and compromise, which, when considered with the legal positions and contentions of the -4- parties, would be at the same time acceptable to them and fair, reasonable and equitable to, and in the best interests of the classes represented by the plaintiffs in the Mallick and County suits. The parties have reached such a settlement, and by means of this Agreement, subject to court approval, and desire to finally and forever settle and compromise said lawsuits. Therefore, the parties mutually agree as follows: A. Subject to court approval, the Mallick and the County lawsuits and each of them, shall be finally and forever settled and compromised on the following terms and conditions: 1. District shall refund the sum of $500,000, without interest, less a reserve for attorneys fees of $56,300.00, as provided for in paragraph A.4 of this Agree- ment, and less pro rata costs of suit and settlement costs as provided in paragraph E of this Agreement, to users of the Golden Gate Bridge by means of temporarily reducing bridge tolls from the current toll for two axle motor vehicles with single rear wheel (except buses) and housecars of $1.00 per crossing to $.75 (75 cents) per crossing for that number of days necessary so that the total cumulative amount of the reduction of tolls shall equal the net amount to be refunded under this paragraph. Said number of days is currently estimated to be 40 days. When the total tolls so refunded -5- equals the net amount to be refunded hereunder, the toll of $1.00 per crossing established under current District Ordinance Number 208 shall again become effective immediately, without further action of the Board of Directors of District. 2. District shall refund the sum of $166,000, without interest, less a reserve for attorneys fees of $18,700, as provided for in paragraph A.4 of this Agreement, less pro rata costs of suit and settlement costs as provided in paragraph E of this Agreement, and less a credit of $48,800 representing sums already rebated to transit users as set forth in Recital J of this Agreement, to users of the Dis- trict's transit services by means of temporarily instituting a 20 percent discount for purchase of transit ticket books, instead of the presently effective discount of 10 percent. The temporary 20 percent discount shall be applied to a total number of books sufficient to render the cumulative total of the additional amounts discounted equal to the net amount to be refunded under this paragraph. It is currently estimated that said net refund will be accomplished by selling two consecutive monthly transit ticket book series for the various transit zones. District shall have the right to reasonably limit the number of transit books purchased by any individual or entity during any particular period of time, to specify the outlets at which said books will be sold, and to adopt other reasonable conditions and regulations, so as to spread as equitably as possible the benefits of said additional discount. When the requisite number of transit books at a 20 percent discount have been sold so that the total amount of additional discounts equals the net amount to be refunded under this paragraph, the 10 percent discount effective under the current Ordinance Number 208 for purchase of transit ticket books shall again become immediately effective without further action of the Board of Directors of District. 3. District shall set aside the sum of $333,000.00 as 20 percent matching funds for the acquisition of additional new transit vehicles equipped with features providing accessibility to the handicapped in wheelchairs (hereinafter called "Special Transit vehicle Reserve"). a. The method of -allocating such funds and the source of the funds comprising the Special Transit Vehicle Reserve shall be within the sole discretion of District's Board of Directors, and may come from current revenues, existing reserves, or other funds of the District, provided that, once set aside, the Special Transit Vehicle Reserve shall be used only for the purposes herein des- cribed, and the Special Transit Vehicle Reserve shall not be part of, contained within, or shown upon the books of District as being part of or contained within, any other reserve, set aside or fund of the District. The Special Transit Vehicle Reserve shall be created within 30 days after_ _7_ the filing of the order approving this Settlement Agreement, (hereinafter called "Approval Order"), unless a stay order or writ of supersedeas having the effect of staying the provisions of this sentence is issued by a higher court, (hereinafter called "Stay Order"). b. The above sum of $333,000.00 shall bear simple interest of 7 percent per annum from the date of the filing of the Approval Order, and the accrued interest shall be segregated with and become part of the Special Transit Vehicle Reserve. When District orders such transit vehicles as described above, interest will cease to run on that portion of the Special Transit Vehicle Reserve repre- senting the District's share of funds to be expended with respect to such order. The parties agree that any new acces- sible transit vehicles ordered after April 1, 1979 shall apply toward District's obligation hereunder to acquire new accessible transit vehicles, and the amount of District's funds to be expended with respect to any such order shall be credited toward its obligation to set aside the sum of $333,000.00 hereunder, notwithstanding the fact that such order may be issued prior to the filing of the Approval Order. C. District shall exercise best efforts to obtain delivery of as many of such transit vehicles described above, (using all of the Special Transit Vehicle Reserve and the UMTA grant described below), within the earliest practicable time from the date of the filing of the Approval Order, as set forth below in sub -paragraphs d. through h. d. Within 4 months of either the date of the filing of the Approval Order or the date when all appeals from the Approval Order become final, whichever is later, District shall file an application or applications with the United States Urban class Transportation Administra- tion, (hereinafter called "UMTA"), for a grant for acquisition of such transit vehicles, in an amount equal to 4 times the amount of the Special Transit Vehicle Reserve (after appli- cation of any credit for funds respecting vehicles already ordered, referred to in paragraph A.3.b., above.) Such application shall request UMTA to expedite its decision upon said application. e. If the Metropolitan Transportation Commission ("MTC") or UMTA does not approve the District's application or applications, or if within 26 months of either the date of the filing of the Approval Order, or the date when all appeals from the approval Order become final, whichever is later, District has not entered into a contract or contracts for the procurement of such transit vehicles as provided herein, then, upon any such event, any party hereto may apply to the court for instructions as to how to expend the balance of funds then remaining in the Special Transit Vehicle Reserve for transit purposes consistent with the purpose of this -9- paragraph A.3., which may include, by way of example and not by limitation, use of such remaining funds directly (without matching grants) for acquisition of such transit vehicles, retrofitting existing transit vehicles, to the extent feasible and practical, with features providing accessibility to the handicapped in wheelchairs, or other transit purpose consistent with the spirit of paragraph. f. Any of the time limits mentioned in this paragraph A.3 shall be postponed for the period or periods specified in any stipulation or stipulations filed with the court, signed by all counsel of record in the Mallick and Countv actions. In the event a Stay Order is issued which has the effect of staying any of the provisions of paragraph A.3, the time for the performance of the act so stayed shall recommence to run upon the date that the decision of the appellate court thereon becomes final. graph A.3. g. Time is of the essence in this para- h. Any surplus funds left in the Special Transit Vehicle Reserve after delivery of such transit vehicles, shall be used for purposes relating to such vehicles or the provision of transit services thereby, but in no event for driving or operating such buses or for construction of buildings or fixtures. -10- i. It is understood that appeal in respect to counsel fees provided in paragraph A.4. shall not constitute an appeal of the Approval Order within the meaning of paragraph A.3. 4. Attorney's fees, if any, to the attorney for Mallick shall be fixed by the court in an amount not to exceed $75,000.00 and shall be payable from the amounts reserved for that purpose under paragraphs A.1 and A.2. In the event that the amount of attorneys fees awarded by the court is less than $75,000.00, the difference between $75,000.00 and the amount awarded shall be deposited in the Special Transit Vehicle Reserve referred to in paragraph A.3, above. 5. Attorney's fees have heretofore been waived by the County suit plaintiffs and said waiver is hereby confirmed. 6. All challenges, claims or contentions concerning the validity or legality of Ordinance Number 199, the Final EIR approved in connection with said ordinance, and the bridge tolls and transit fares collected under said ordinance shall be deemed withdrawn and abandoned. 7. The refunds and attorneys fees provided for in this paragraph A of this Agreement shall not be paid or made until 30 days following the expiration of the time for any appeal or attack of the court order approving this -11- settlement provided for in paragraphs C, D and E of this Agreement, and then only in the event that there has been no such appeal or attack. In the event that there has been a timely appeal of or attack upon the court order approving this settlement, then the obligations of District respecting such refunds and attorneys fees shall arise only after affirmance of said order and said order has become final. The parties hereto waive any and all rights to appeal or otherwise attack the court order approving this Settlement Agreement, provided, however, that this waiver does not apply to any court order respecting the application for attorneys' fees referred to in paragraph A.4 of this Agreement, as to which order each party reserves his, her, or its right to appeal or otherwise attack. In the event of such appeal or attack, District agrees to pay interest at the rate of seven (7) percent per annum upon the amount ultimately confirmed, on appeal or otherwise, as attorneys' fees to counsel for Mallick, from and after the date of the court's order determining the same upon application therefor under paragraph A.4. 8. District shall serve upon all counsel of record a copy of all applications to MTC and UMTA for approvals required to perform paragraph A.3 herein, all MTC and UMTA aprovals thereof, and all contracts entered into for acquisition of such transit vehicles. -12- 9. The court issuing the Approval Order shall retain jurisdiction to enforce the terms of this Settlement Agreement. 10. District shall serve upon all counsel of record, and file with the court issuing the Aproval Order, a declaration or declarations showing compliance with the provisions of paragraphs A.1, A.2, and A.3, within 30 days of the respective performances thereof. B. The parties hereto believe with good faith that the settlement set forth herein is fair, reasonable and equitable to the members of the class represented by Mallick and by the County suit plaintiffs, and in the best interests of the public. C. This Agreement is expressly conditional upon approval of the court, as hereinafter provided, and if not approved by the court, it shall be null and void and without any force or effect, and the parties may proceed with the appellate proceedings hereinabove described. D. Promptly upon execution of this Agreement, the parties shall jointly request the Court of Appeal, First Appellate District, Division One, to conduct settlement pro- ceedings in the Mallick and County suits pursuant to the authority under Rule 19.5 of the California Rules of Court and to refer the matter to the trial judge, the Honorable Melvin E. Cohn, Judge of the Superior Court in and for the -13- County of San Mateo, as a referee to conduct such settlement procedures and to report to the Court of Appeal with respect thereto. In the event the Court of Appeal does not so invoke its authority pursuant to Rule 19.5, the parties shall jointly request the Court of Appeal either (1) to remand the Mallick suit and the County suit to the trial court for the sole purpose of conducting settlement procedures, including hearings and approval or disapproval of the settlement, and shall further request the Court of Appeal to expressly retain jurisdiction over each of the appeals and to stay or withhold action thereon pending resolution by the trial court of the settlement procedures, or (2) otherwise conduct such settlement procedures itself. Upon entry of a court order approving the settlement ("Approval Order") and after expiration of the time to appeal from or attack such Approval Order, and there having been no such appeal or attack, the parties agree to dismiss and abandon their respective appeals and cross-appeal, with prejudice, and Mallick shall dismiss the Mallick petition, with prejudice, and each party will bear his, her or its own costs in connection with said proceedings. In the event of an appeal or attack of the Approval Order, the appeals and cross-appeal of the parties shall not be dismissed and abandoned until the Approval Order has been affirmed and has become final. If the court disapproves of this settlement, the parties agree to request immediate hearings on the appeals -14- in the Mallick and County suits, and, if they have been trans- ferred or referred to the trial court, retransfer of the Mallick and County suits to the Court of Appeal. E. The parties shall take all steps, institute all proceedings and execute all documents and papers necessary or appropriate to secure court approval of this Settlement Agreement. Costs of suit, costs of giving notices to the class and of other settlement procedures shall be paid from and deducted pro rata from the respective settlement funds provided for in paragraphs A.1 and A.2 of this Agreement. F. County suit plaintiffs, Mallick and Lynn S. Carman, his attorney of record in the above described lawsuits, and each of them, represent and warrant that they have not and agree that they will not in any manner challenge or contest District Ordinance Number 208, enacted August 11, 1978, the EIR adopted in connection therewith, or the validity, legality or propriety of the tolls collected thereunder, nor will they, or either of them, directly or indirectly cooperate with, assist, participate with or represent any other person, firm or entity in any such challenge or contest. G. District shall undertake a good faith effort to continue to allocate surplus bridge tolls for expenditures on regional transit purposes in the Golden Gate Corridor_ at levels not less than the level expended for such purposes during the fiscal year 1978-1979, at least during fiscal -15- year 1979-80. Nothing herein contained limits, modifies, abrogates or controls the governmental powers of District to determine appropriate levels of expenditures, based upon fiscal, governmental and economic criteria, nor shall anything contained herein be construed to limit, modify, abrogate or control the governmental power and sole discretion of District to determine the amounts of expenditures or the nature of the particular purposes, projects or matters for which expenditures will be made. The provisions of this paragraph G are severable from the remainder of this Agreement, and in the event this paragraph or any part thereof is deemed invalid or not approved by the court, such ruling of invalidity or failure to approve shall not affect the validity or the court's approval of the remainder of this Agreement or the rights, duties, obligations and promises of the parties thereunder. H. Upon execution of this Agreement and its approval by the court, it shall be deemed that District, on the one hand, and Mallick and the County suit plaintiffs, and each of them, on behalf of themselves and the members of the classes they represent, on the other hand, have (except as provided in this Agreement), released, acquitted and dis- charged each other, and the officiers, directors, supervisors, councilmen, employees, agents, attorneys, heirs, executors, administrators, assigns, personal representatives, successors -16- and predecessors of each other, from any and all claims, demands, actions, causes of action, damages, obligations, liabilities, costs and expenses (including costs of suit and attorney's fees) arising out of, or in any way connected with or related to District Ordinance Number 199, the Final EIR adopted in connection therewith, and the bridge tolls and transit fares collected thereunder, or any of the facts, matters, events, happenings, occurrences, claims or contentions raised or asserted in the lawsuits referred to above. This release shall apply whether or not the matters herein released are presently known or are hereinafter. discovered. that: I. Each party hereto further covenants and agrees 1. This Settlement Agreement is made and executed to finally settle and compromise disputed claims and contested litigation and is not an admission by any party of liability, fault or wrong, which the parties continue to deny, and this Agreement shall not be used nor shall it be admissible in any action or proceeding of any kind what- soever_ as such an admission. 2. Each party understands and waives the provisions of California Civil Code section 1542, which reads: "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 -17- materially affected his settlement with the debtor." 3. Each party has read and understands this Agreement, has been represented and advised by counsel in connection therewith, and executes this Agreement freely and voluntarily, upon advice of counsel and not upon any representation, statement, or claim of any other party or any other person whatsoever concerning the merits or legal liability relating to the matters herein being settled and compromised. 4. This Agreement is entire and represents the full and complete agreement of the parties. It supersedes all prior representations, negotiations, promises and agree- ments, whether oral or written. 5. This Agreement is intended to, and upon approval of the court, shall be, binding upon and innure to the benefit of each of the parties hereto, each member of the classes represented by Mallick and the County suit plain- tiffs in the lawsuits referred to above, and the predecessors, successors, heirs, executors, administrators, personal repre- sentatives and assigns of each of the foregoing. 6. Each public entity party hereto warrants and represents that it has duly approved this Settlement Agreement, and that the person executing this Agreement on its behalf has been duly authorized to do so, and each person signing this Agreement on behalf of a public entity party warrants and represents that the public entity has duly -is- approved this Agreement and has duly authorized such person to execute it on its behalf. 7. This Settlement Agreement may be executed in counterpart originals, and upon separate execution of a copy hereof by each party hereto, this Settlement Agreement shall be deemed fully executed, notwithstanding that the copy signed by a particular party has not been signed by the other parties hereto. All counterparts of this Settlement Agreement shall consitute one and the same original agreement. In addition to signing a counterpart original, each party shall sign an additional signature page which, along with all of the other additional signature pages, will be appended to a master counterpart original to be kept by District for the purpose of maintaining one counterpart original with the signature of all parties. -19- The undersigned hereby executes the Settlement Agreement settling and compromising the Mallick and the Countv suits (more particularly described in said agreement): GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT Dated: By Name: Title: -20- The undersigned hereby executes the Settlement Agreement settling and compromising the Mallick and the County suits (more particularly described in said agreement): Dated: -21- JOHN MALLICK The undersigned hereby executes the Settlement Agreement settling and compromising the Mallick and the County suits (more particularly described in said agreement): County of Marin Dated: By Name: Title: -22- The undersigned hereby executes the Settlement Agreement settling and compromising the Mallick and the County suits (more particularly described in said agreement): Town of Fairfax Dated: By Name: Title: -23- The undersigned hereby executes the Settlement Agreement settling and compromising the Mallick and the Countv suits (more particularly described in said agreement): Town of Belvedere Dated: By Name: Title: -24- The undersigned hereby executes the Settlement Agreement settling and compromising the Mallick and the County suits (more particularly described in said agreement): Town of Corte Madera Dated: By Name: Title: -25- The undersigned hereby executes the Settlement Agreement settling and compromising the Mallick and the County suits (more particularly described in said agreement): Town of Larkspur Dated: By Name: Title: -26- The undersigned hereby.executes the Settlement Agreement settling and compromising the Mallick and the County suits (more particularly described in said agreement): City of Mill Valley Dated: By Name: Title: -27- The undersigned hereby executes the Settlement Agreement settling and compromising the Mallick and the County suits (more particularly described in said agreement): City of Novato Dated: By Name: Title: MWIM The undersigned hereby executes the Settlement Agreement settling and compromising the Mallick and the County suits (more particularly described in said agreement): Town of Ross Dated: By Name: Title: -29- The undersigned hereby executes the Settlement Agreement settling and compromising the Mallick and the County suits (more particularly described in said agreement): Town of San Anselmo Dated: By Name: Title: -30- The undersigned hereby executes the Settlement Agreement settling and compromising the Mallick and the County suits (more particularly described in said agreement): City of Sausalito Dated: By Name: Title: -31- The undersigned hereby executes the Settlement Agreement settling and compromising the Mallick and the County suits (more particularly described in said agreement): City of San Rafael Dated: By Name: Title: -32- The undersigned hereby executes the Settlement Agreement settling and compromising the Mallick and the County suits (more particularly described in said agreement): City of Tiburon Dated: By Name: Title: -33- The undersigned hereby executes the Settlement Agreement settling and compromising the Mallick and the County suits (more particularly described in said agreement): City of Cotati Dated: .By Name: Title: -34- The undersigned hereby executes the Settlement Agreement settling and compromising the Mallick and the County suits (more particularly described in said agreement): City of Petaluma Dated: By Name: Title: Qc16710 The undersigned hereby executes the Settlement Agreement settling and compromising the Mallick and the County suits (more particularly described in said agreement): City of Santa Rosa Dated: By Name: Title: -36- •The undersigned hereby executes the Settlement Agreement settling and compromising the Mallick and the County suits (more particularly described in said agreement): Dated: Robert Roumiguiere -37- The undersigned hereby executes the,Settlement Agreement settling and compromising the Mallick and the County suits (more particularly described in said agreement): Dated: Barbara Boxer CKM The undersigned hereby executes the Settlement Agreement settling and compromising the Mallick and the County suits (more particularly described in said agreement): Dated: Denis T. Rice -39- The undersigned hereby executes the Settlement Agreement settling and compromising the Mallick and the County suits (more particularly described in said agreement): Dated: Gary Giacomini CHIC The undersigned hereby executes the Settlement Agreement settling and compromising the Mallick and the County suits (more particularly described in said agreement): Dated: Arnold Baptiste -41- The undersigned hereby executes the Settlement Agreement settling and compromising the Mallick and the County suits (more particularly described in said agreement): Dated: Sherry Levit -42- The undersigned hereby executes the Settlement Agreement settling and compromising the Mallick and the County suits (more particularly described in said agreement): Dated: Al J. Malvino -43- The undersigned hereby executes the Settlement Agreement settling and compromising the Mallick and the Countv suits (more particularly described in said agreement): Dated: Edgar B. Ross -44- The undersigned hereby executes the Settlement Agreement settling and compromising the Mallick and the Countv suits (more particularly described in said agreement): Dated: Robert Flahive -45- The undersigned hereby executes the Settlement Agreement settling and compromising the Mallick and the County suits (more particularly described in said agreement): Dated: Woody Capurro -46- The undersigned hereby executes the Settlement Agreement settling and compromising the Mallick and the County suits (more particularly described in said agreement): Dated: Larry Mulryan -47- The undersigned hereby executes the Settlement Agreement settling and compromising the Mallick and the County suits (more particularly described in said agreement): Dated: Albert Gately -48- The undersigned hereby executes the Settlement Agreement settling and compromising the Mallick and the County suits (more particularly described in said agreement): Dated: Robin Sweeney -49- The undersigned hereby executes the Settlement Agreement settling and compromising the Mallick and the County suits (more particularly described in said agreement): Dated: Robert Burke -50- The undersigned hereby executes the Settlement Agreement settling and compromising the Mallick and the County suits (more particularly described in said agreement): Dated: Roy Farrington Jones -51- The undersigned hereby executes the Settlement Agreement settling and compromising the Mallick and the County suits (more particularly described in said agreement): Dated: Ivan Poutiatine -52- APPROVED AS TO FORM: The undersigned hereby approves as to form the Settlement Agreement settling and compromising the Mallick and the County suits (more particularly described in said agreement): Dated: DAVID J. MILLER Attorney for Golden Gate Bridge, Highway and Transportation District =1910 APPROVED AS TO FORM: The undersigned hereby approves as to form the Settlement Agreement settling and compromising the Mallick and the County suits (more particularly described in said agreement): Dated: DOUGLAS J. MALONEY, County Counsel County of Marin By Attorney for all County Suit Plaintiffs, and the County Suit Class -54- APPROVED AS TO FORM: The undersigned hereby approves as to form the Settlement Agreement settling and compromising the Mallick and the County suits (more particularly described in said agreement): Dated: LYNN S. CARMAN Attorney for John Mallick and the Mallick Suit Class -55-