HomeMy WebLinkAboutAGENDA REPORT 1992 0205 CC REG ITEM 08V ' 01'31'92 14:51 13'92132362700 BW&S LA MAIN 3. v , X1006'017
/ 1 CHERYL J. KANE, City Attorney
CITY OF MOORPARK; and
2 BURKE, wILLIAMS & SORENSEN
CHERYL J. KANE, State Bar No. 86198
3 PETER D. TREMBLAY, State Bar No. 142707
MARX D. HENSLEY, State Bar No. 142653
4 611 West Sixth Street
Suite 2500
5 Los Angeles, California 90017
(213) 236-0600
6
Attorneys for Plaintiff
7 CITY OF MOORPARK
8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
20 FOR THE COUNTY OF VENTURA
11
12 CITY OF MOORPARK, etc. , CASE NO. 115488
13 Plaintiff, [Consolidated with Case
Not. 115489, 115491 and
14 vs: 115492]
15 SOUTHERN CALIFORNIA EDISON STIPULATION
COMPANY, CAMROSA WATER (C.C.P. S 283)
18 DISTRICT, PACIFIC BELL and
SHELL OIL COMPANY, et al. ,
17 Defendants.
16
19
20
21 City of Moorpark ("City") , the Southern California Edison
82 Company, ("SoCal Edison") and UWC-Moorpark Investors, Ltd. ("UWc") ,
23 as of this day of December, 1991, hereby stipulate as
24 follows:
25 1. Pending resolution of Ventura County Superior Court
28 Case No. 115488, SoCal Edison shall relocate its facilities located
27 within Tierra Rejada Road as necessary to accommodate the scheduled
28 "Road Widening" and "Intersection Improvements" for Tierra Rejada
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01/31/92 14:52 t92132382706 BWAS LA MAIN ®009/017'
1 Road, as more particularly described in paragraph 2 hereinbelow
2 (collectively, the "Relocation") . SoCal Edison shall complete the
3 Relocation in a timely and workmanlike manner consistent with
4 City's timetables, plans and specifications and in cooperation with
6 City and its designees.
6 2. "Road Widening" means widening of Tierra Rejada Road
7 from approximately fifty feet east of centerline of Spring Road at
8 Tierra Rejada Road intersection to east limits of Tierra Rejada
g Road at Moorpark Road intersection, including transition to
10 existing improvements on Tierra Rejada Road and reconstruction of
11 Moorpark Road south of the centerline of the Tierra Rejada Road at
12 Moorpark Road intersection for approximately four hundred fifty
13 feet. "Intersection Improvements" means road improvements from
14 approximately fifty feet east of centerline of Spring Road at
15 Tierra Rejada Road intersection west to east boundary of Tract
18 2865, including transition to existing improvements at Tract 2865
17 east boundary and transition to existing improvements on spring
18 Road north of the centerline of the intersection for approximately
19 two hundred feet.
20 3. Pending resolution of Case No. 115488, at least
21 ninety (90) days prior to commencement of the Relocation, City
22 shall advance funds sufficient for completion of the Relocation by
23 SoCal Edison in accordance with paragraph 1 hereinabove.
24 4. SoCal Edison's completion of the Relocation is not
26 in any respect to be deemed, construed or treated as an admission
28 or a concession of any liability whatsoever by SoCal Edison for any
27 cause of action arising out of any facts alleged in pleadings filed
28 in Case No. 115488.
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1 5. City's advance of funds for the Relocation is not in
2 any respect to be deemed, construed or treated as an admission or
a concession of any liability whatsoever by City for any cause of
4 action arising out of any facts alleged in pleadings filed in Case
No. 115488.
g 6. It is the parties' intent in executing this
7 Stipulation that any cause of action arising out of Case No. 115488
g is not hereby resolved. City, SoCal Edison and UWC do not waive
g any rights they may otherwise have to seek relief in this matter or
10 to a hearing on the merits.
11 7. In the event City receives a judgment and/or
12 declaration from the Court in Case No. 115488 that SoCal Edison is
13 responsible and/or liable for the costs of Relocation, or for any
14 part thereof, Local Edison shall reimburse City for funds advanced
16 by City pursuant to paragraph 3 hereinabove to the extent
18 consistent with said declaration or judgment, together with simple
17 interest thereon at seven percent (7%) per annum calculated from
18 the date of SoCal Edison's receipt of the funds advanced pursuant
19 to paragraph 3 hereinabove. For example, if the Court finds and/or i
20 declares that SoCal Edison is responsible and/or liable for 100% of
21 the costs of Relocation, SoCal Edison shall reimburse City for all
22 of the funds City advanced to SoCal Edison pursuant to paragraph 3
23 hereinabove, plus interest thereon as described above. As a
24 further example, if the Court finds and/or declares that SoCal
26 Edison is responsible and/or liable for 50% of the Relocation
26 costs, then SoCal Edison shall reimburse City for 50% of the funds
27 advanced pursuant to paragraph 3 hereinabove, plus interest thereon
28 as described above. However, should the Court in Case No. 115488
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01/31/92 14:53 892132382700 BUS LA MAIN 21011/017'
1 find and/or declare that UWC is responsible and/or liable to SoCal
2 Edison based upon SoCal Edison's Cross-Complaint for the costs of
3 Relocation, or for any part thereof, SoCal Edison's responsibility
4 and/or obligation to reimburse City for such amounts advanced
6 pursuant to paragraph 3 hereinabove shall be offset consistent with
8 any judgment and/or declaration rendered on SoCal Edison's cross-
7 complaint. For example, if the Court finds and/or declares that
8 based on the City's Complaint SoCal Edison is responsible and/or
y liable for 100% of the costs of Relocation and that based upon
10 SoCal Edison's Cross-Complaint UWC is responsible and/or liable for
11 100% of the costs incurred by SoCal Edison for Relocation, the
12 SoCal Edison's obligation to reimburse the City for funds advanced
13 pursuant to paragraph 3 hereinabove would be completely offset by
14 the judgment and/or declaration on SoCal Edison's Cross-Complaint.
16 As a further example, if the Court finds and/or declares that based
16 on the City's Complaint SoCal Edison is liable for 100% of the
17 costs of Relocation and that based upon SoCal Edison's Cross-
18 Complaint UWC is liable for so% of the Relocation costs incurred by
19 SoCal Edison, then SoCal Edison's obligation and/or liability to
20 reimburse the City for funds advanced pursuant to paragraph 3
21 hereinabove shall be offset by 50%. It is the intent of the
22 parties that the City will not be reimbursed for any of the funds
23 the City advances pursuant to paragraph 3 herein until there has
24 been a final judgment or declaration rendered by the Court on the
26 Complaint and Cross-Complaint. Rights as between City and UWC
26 shall be resolved as they may agree or as a court may order.
27 ///
28 ///
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• 01/31/92 19.54 '@92132362700 BW&S LA MAIN 471012017
1 8. The undersigned represent and warrant that each is
2 fully authorized to execute this Stipulation on behalf of the
3 parties hereto.
4
5 CHERYL J. KANE, ESQ.
BURKE, WIL & SORENSEN
g Attarn CITY 77iRpm
7
8 / CHARD K. DURANT, ESQ.
WILLIAM E. DOBBERPUHL, ESQ.
9 AL SOADA, ESQ.
Attorneys for SOUTHERN
10 CALIFORNIA EDISON COMPANY
11
12 KENNETH B. BLEY, ESQ.
COX, CASTLE & NICHOLSON
13 Attorneys for UWC-MOORPARK
INVESTORS, LTD.
14
15
16
17
18
19
20
21
22
23
24
28
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01.31'92 14:47 092132362700 BUS LA MAIN �, I002/0/17
^ + V , IV
. F
1 CHERYL J. KANE, City Attorney
CITY OF MOORPARK; and
2 BURKE, WILLIAMS & SORENSEN
CHERYL J. KANE, State Bar No. 86198
3 PETER D. TREMBLAY, State Bar No. 142707 2Th RK, C,\LFfT.:-.
MARK D. HENSLEY, State Bar No. 142653 y Conti!
4 611 West Sixth Street of 2-/ 1991-
Suite 2500
5 Los Angeles, California 90017 ACTION: , iii
(213) 236-0600 0 i ' a"1,7T
8 frr � c tr c..
Attorneys for Plaintiff ev ��11��" mn
7 CITY OF MOORPARK
8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 FOR THE COUNTY OF VENTURA
11
12 CITY OF MOORPARK, etc. , CASE NO. 115488
13 Plaintiff, (Consolidated with Case
Nos. 115489, 115491 and
14 Vs. 115492)
15 SOUTHERN CALIFORNIA EDISON STIPULATION
COMPANY, CAMROSA WATER (C.C.P. S 283)
16 DISTRICT, PACIFIC BELL and
SHELL OIL COMPANY, et al. ,
17
Defendants.
18
' 19
20
21 city of Moorpark ("City") , Pacific Bell ("Pacific Bell")
22 and UWC-Moorpark Investors, Ltd. ("UWC") , as of this A/ day of
2S �' , 1991, hereby stipulate as follows:
24 1. Pending resolution of Ventura County Superior Court
25 Case No. 115491, Pacific Bell shall relocate its facilities located
25 within Tierra Rejada Road (the "Pacific Bell Relocation") as
27 necessary to accommodate the scheduled "Road Widening" and
28 "Intersection Improvements" for Tierra Rejada Road, as more
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01/31/92 14:48 $92132362700 BW&S LANAIS 1003/017'
1 particularly described in paragraph 2 hereinbelow (collectively,
2 the "Relocation") . Pacific Bell and City shall cooperate so as to
3 complete the Relocation in a timely and workmanlike manner
4 consistent with City's reasonable timetables, plans and specifi-
cations and in cooperation with each other and their respective
g designees.
7 2. "Road Widening" means widening of Tierra Rejada Road
8 from approximately fifty feet east of centerline of Spring Road at
9 Tierra Rejada Road intersection to east limits of Tierra Rejada
10 Road at Moorpark Road intersection, including transition to
11 existing improvements on Tierra Rejada Road and reconstruction of
12 Moorpark Road south of the centerline of the Tierra Rejada Road at
13 Moorpark Road intersection for approximately four hundred fifty
14 feat. "Intersection Improvements" means road improvements from
15 approximately fifty feet east of centerline of Spring Road at
Tierra Re ada Road intersection west to east boundary j df Tract
17 2865, including transition to existing improvements at Tract 2865
18 east boundary and transition to existing improvements on spring
lg Road north of the centerline of the intersection for approximately
20 two hundred feet. Pacific Bell shall be responsible only for the
21 Pacific Bell Relocation.
22 3. Pending resolution of Case No. 115491, and at least
23 thirty (30) days prior to commencement of the Pacific Bell
24 Relocation, City shall advance $388,600.00 (the "Deposit") to
25 Pacific Bell, the estimated cost of the Pacific Bell Relocation, in
28 accordance with paragraph 1 hereinabove. After the Pacific Bell
27 Relocation is completed, Pacific Bell shall render City a written
28 statement (the "Statement") of the actual costs of the Pacific Bell
631.7 -2-
01/31/92 14:49 n92132962700 BUSLA MAIN Q004417
. s
1 Relocation. Should the actual costs exceed the Deposit, City shall
2 advance Pacific Bell the difference within 30 days of the data of
3 the Statement, without interest. Should the actual costs be less
4 than the Deposit, Pacific Bell shall reimburse City the difference
within 30 days of the date of the Statement, without interest.
8 4. Pacific Bell's execution of this Stipulation and
7 undertaking and completion of the Pacific Bell Relocation are not
8 in any respect to be deemed, construed or treated as an admission
9 or a concession of any liability whatsoever by Pacific Bell for any
10 cause of action arising out of any facts alleged in pleadings filed
11 in Case No. 115491 or in any other case or proceeding.
12 5. City's execution of this Stipulation and advance of
13 the Deposit for the Pacific Bell Relocation are not in any respect
14 to be deemed, construed or treated as an admission or a concession
18 of any liability whatsoever by City for any cause of action arising
18 out of any facts alleged in pleadings filed in Case No. 115491 or
17 in any other case or proceeding.
18 6. It is the parties' intent in executing this
19 Stipulation that any cause of action arising out of Case No. 115491
20 is not hereby resolved. City, Pacific Bell and UWC do not waive
21 any rights they may otherwise have to seek relief in this matter or
22 to a hearing on the merits. Except as expressly stated herein,
83 neither this stipulation nor any act taken pursuant thereto by any
24 party shall be offered as or admissible as evidence for any purpose
25 in Case No. 115491 or in any other case or proceeding, including
28 specifically, but not limited to, evidence that the City has paid
27 for the Pacific Bell Relocation. This Stipulation and acts taken
28 ///
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01/31/92 14:49 $92132362700 B998S LA MAIN Q005/017
•
t
1 pursuant thereto shall be admissible as evidence to enforce its
2 terms, and for no other purpose.
3 7. In the event City receives a judgment and/or
4 declaration from the Court in Case No. 115491 that Pacific Bell is
6 responsible and/or liable for the costs of the Pacific Bell
8 Relocation, or for any part thereof, Pacific Bell shall reimburse
7 City for funds advanced by City pursuant to paragraph 3 hereinabove
8 to the extent consistent with said declaration or judgment,
9 together with simple interest thereon at seven percent (7%) per
10 annum on the amount to be reimbursed calculated from the date of
11 Pacific Bell's receipt of the funds advanced pursuant to paragraph
12 3 hereinabove to the date of reimbursement. For example, if the
13 Court finds and/or declares that Pacific Bell is responsible and/or
14 liable for 100$ of the costs of the Pacific Bell Relocation,
1$ Pacific Bell shall reimburse City for all of the funds City
16 advanced to Pacific Bell pursuant to paragraph 3 hereinabove, plus
17 interest thereon as described above. As a further example, if the
18 Court finds and/or declares that Pacific Bell is responsible and/or
19 liable for 50% of the Pacific Bell Relocation costs, then Pacific
20 Bell shall reimburse City for 50% of the funds advanced pursuant to
21 paragraph 3 hereinabove, plus interest thereon as described above.
22 However, notwithstanding the foregoing should the Court in Case
23 No. 115491 find and/or declare that UWC is responsible and/or
24 liable to Pacific Bell based upon Pacific Bell's Cross-Complaint
28 for the costs of the Pacific Bell Relocation, or for any part
26 thereof, Pacific Bell's responsibility and/or obligation to
27 reimburse City for such amounts advanced pursuant to paragraph 3
28 hereinabove shall be offset consistent with any judgment and/or
a�t.2 -4-
01/31/92 14:50 'e92132362700 BWRS LA HAIN W1006/017
•. 1
1 declaration rendered on Pacific Bell's Cross-Complaint. For
2 example, if the Court finds and/or declares that based on the
3 city's Complaint Pacific Bell is responsible and/or liable for 100%
4 of the costs of the Pacific Bell Relocation and that based upon
g Pacific Bell's Cross-Complaint UWC is responsible and/or liable for
8 100% of the costs incurred by Pacific Bell for the Pacific Bell
7 Relocation, then Pacific Ball's obligation to reimburse the City
e for funds advanced pursuant to paragraph 3 hereinabove would be
9 completely offset by the judgment and/or declaration on Pacific
10 Bell's Cross-Complaint, and Pacific Bell would have no obligation
11 to reimburse the City or pay interest to the City. As a further
12 example, if the Court finds and/or declares that based on the
13 City's complaint Pacific Bell is liable for 100% of the costs of
14 the Pacific Bell Relocation and that based upon Pacific Bell's
15 Cross-Complaint UWC is liable for 50% of the Pacific Bell
16 Relocation costs incurred by Pacific Bell, then Pacific Bell's
17 obligation and/or liability to reimburse the City for funds
18 advanced pursuant to paragraph 3 hereinabove shall be offset by
19 50%. Pacific Bell shall have no obligation to reimburse the City
20 for any of the funds the City advances pursuant to paragraph 3
21 herein until there has been a final non-appealable judgment or
22 declaration rendered on both the Complaint and Cross-Complaint.
23 Rights as between City and UWC shall be resolved as they may agree
24 or as a court may order.
25 ///
28 ///
27 ///
28 ///
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01/31/92 14:51 ' 92132362700 BW&S LA MAIN 007/017
. I
1 8. The undersigned represent and warrant that each is
2 fully authorized to execute this Agreement on behalf of the parties
3 hereto.
4
6
By
g CHERYL Z. KANE, Et0.
BURKE, WILLIAMS & SORENSEN
7 Attorneys for Plaintiff
CITY OF MOORPARK
8
9
By
14 PO Vi . ; ' s 'H , •Q.
Attor y for Def- .ant
11 and Cross-Compla ant
PACIPIc BELL
12
13
By
14 , KENNETH B. 9LEY, ESQ.
COX, CASTLE & NICHOLSON
15 Attorneys for Cross-Defendant
UWC-MOORPARK INVESTORS, LTD.
16
17
18
19
20
21
22
23
24
26
26
27
28
671.1 "6
V
01/31/92 14:54 T292132362700 BWBS LA MAIN i1013i017,
,',: 4.
CHERYL J. KANE, City Attorney
CITY OF MOORPARK; and
2 BURKE, WILLIAMS 6 SORENSEN
CHERYL J. KANE, State Bar No. 86198
3 PETER D. TREMBLAY, State Bar No. 142707
MARX D. HENSLEY, State Bar No. 142653
4 611 West Sixth Street
Suite 2500
5 Los Angeles, California 90017
(213) 236-0600
8
Attorneys for Plaintiff
7 CITY OF MOORPARK
8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 FOR THE COUNTY OF VENTURA
11
18 CITY OF MOORPARK, etc. , CASE NO. 115488
13 Plaintiff, [Consolidated with Case
Nos. 115489, 115491 and
14 vs. 115492]
15 SOUTHERN CALIFORNIA EDISON STIPULATION
COMPANY, CAMROSA WATER (C.C.P. S 283)
16 DISTRICT, PACIFIC BELL and
SHELL OIL COMPANY, et al. ,
17
Defendants.
18
19
20
21 City of Moorpark ("City") , Shell Oil Company ("Shell Oil")
22 and UWC-Moorpark Investors, Ltd. ("UWC") , as of this A. day of
23 January, 1992, hereby stipulate as follows:
24 1. Pending resolution of Ventura County Superior Court
26 case No. 115492, Shell Oil shall relocate its facilities located
28 within Tierra Rejada Road as necessary to accommodate the
27 scheduled "Road Widening" and "Intersection Improvements" for
28 Tierra Rejada Road, as more particularly described in paragraph 2
• 01/31/92 14:55 1392132382700 MUS1A MAIN 21014/017
1 hereinbelow (collectively, the "Relocation") . Shell Oil shall
2 complete the Relocation in a timely and workmanlike manner
3 consistent with reasonable timetables, plans and specifications
4 and in cooperation with City and its designees.
5 2. "Road Widening" means widening of Tierra Rejada Road
8 from approximately fifty feet east of centerline of Spring Road
7 at Tierra Rejada Road intersection to east limits of Tierra
B Rejada Road at Moorpark Road intersection, including transition
g to existing improvements on Tierra Rejada Road and reconstruction
20 of Moorpark Road south of the centerline of the Tierra Rejada
11 Road at Moorpark Road intersection for approximately four hundred
12 fifty feet. "Intersection Improvements" means road improvements
13 from approximately fifty feet east of centerline of Spring Road
14 at Tierra Rejada Road intersection west to east boundary of Tract
lg 2865, including transition to existing improvements at Tract 2865
le east boundary and transition to existing improvements on Spring
17 Road north of the centerline of the intersection for
18 approximately two hundred feet.
19 3. Pending resolution of Case No. 115492, at least ninety
20 (90) days prior to commencement of the Relocation, City shall
21 advance $182,500.00 to Shell Oil, the estimated cost of Shell
E2 Oil's portion of the Relocation, in accordance with paragraph 1
23 hereinabove. This sum is only an estimate and Shell Oil, upon
24 completion of its portion of the Relocation, shall be entitled to
28 prompt advancement for any costs incurred in excess of this
28 estimate. Should the actual cost be less than the estimate,
27 shell Oil shall reimburse the City for the difference within
28 thirty (30) days of completion of the Relocation.
637.2 -2-
01/31/92 14:55 V92132362700 BW&S LA MAIN a016i017
1 4. Shell Oil's completion of the Relocation is not in any
2 respect to be deemed, construed or treated as an admission or a
3 concession of any liability whatsoever by Shell Oil for any cause
4 of action arising out of any facts alleged in pleadings filed in
6 Case No. 115492.
8 5. City's advance of funds for the Relocation is not in
7 any respect to be deemed, construed or treated as an admission or
8 a concession of any liability whatsoever by City for any cause of
9 action arising out of any facts alleged in pleadings filed in
10 Case No. 115492.
11 6. It is the parties' intent in executing this Stipulation
12 that any cause of action arising out of Case No. 115492 is not
13 hereby resolved. city, Shell Oil and UWC do not waive any rights
14 they may otherwise have to seek relief in this matter or to a
le hearing on the merits.
18 7. In the event city receives a judgment and/or
17 declaration from the Court in Case No. 115492 that Shell oil is
18 responsible and/or liable for the costs of Relocation, or for any
19 part thereof, Shell Oil shall reimburse City for funds advanced
20 by City pursuant to paragraph 3 hereinabove to the extent con-
21 sistent with said declaration or judgment, together with interest
22 thereon, but only to the extent allowed by law. It is the intent
23 of the parties that no right to interest be created by this
24 stipulation. For example, if the Court finds and/or declares
25 that Shell Oil is responsible and/or liable for 100% of the costs
28 of Relocation, shell Oil shall reimburse City for all of the
27 funds City advanced to Shell Oil pursuant to paragraph 3
28 hereinabove, plus interest thereon to the extent allowed by law.
02.2 -3-
01'31'92 14:56 1492132362700 SIMLA MAIN e016/017
• .;
1 As a further example, if the Court finds and/or declares that
2 Shell Oil is responsible and/or liable for 502 of the Relocation
3 costs, then shell Oil shall reimburse City for 50% of the funds
4 advanced pursuant to paragraph 3 hereinabove, plus interest
thereon to the extent allowed by law. However, should the Court
8 in Case No. 115492 find and/or declare that UWC is responsible
7 and/or liable to Shell Oil based upon Shell Oil's Cross-Complaint
8 for the costs of Relocation, or for any part thereof, Shell Oil's
9 responsibility and/or obligation to reimburse City for such
10 amounts advanced pursuant to paragraph 3 hereinabove shall be
11 offset consistent with any judgment and/or declaration rendered
12 on Shell Oil's Cross-Complaint. For example, if the Court finds
13 and/or declares that based on the City's Complaint Shell Oil is
14 responsible and%or liable for 100% of the costs of Relocation and
15 that based on Shell Oil's Cross-Complaint UWC is responsible
18 and/or liable for 100% of the costs incurred by Shell Oil for
17 Relocation, then Shell Oil's obligation to reimburse the City for
18 funds advanced pursuant to paragraph 3 hereinabove would be
19 completely offset by the judgment and/or declaration on Shell
20 oil's Cross-Complaint. As a further example, if the Court finds
S1 and/or declares that based on the City's Complaint Shell Oil is
22 liable for 100% of the costs of Relocation and that based upon
23 Shell Oil's cross-Complaint UWC is liable for 50% of the
24 Relocation costs incurred by Shell oil, then Shell Oil's
25 obligation and/or liability to reimburse the city for funds
28 advanced pursuant to paragraph 3 hereinabove shall be offset by
27 50%. It is the intent of the parties that the City will not be
28 reimbursed for any of the funds the City advances pursuant to
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01/31/92 14:57 tr92132362700 BUS LA MAIN 2017/017'
1 paragraph 3 herein until there has been a final judgment or
2 declaration rendered by the Court on both the Complaint and
3 Cross-Complaint. Rights as between City and UWC shall be
4 resolved as they may agree or as a court may order.
a 8. The undersigned represent and warrant that each is
6 fully authorized to execute this Stipulation on behalf of the
7 parties hereto.
•8
9 By:
CHERYL J. KANE, ESQ.
10 BURKE, WILLIAMS & SORENSEN
Attorneys for Plaintiff
11 CITY OP MOORPARK
12
�3 By:
STE J. VINING, ES
la MCCLINTOCK, WESTON, SHO F,
ROCHEFORT, RUBALCAVA UISH
15 Attorneys for Defendant
SHELL OIL COMPANY
16
17
By:
18 KENNETH B. BLEY, ESQ.
COX, CASTLE & NICMOLSON
19 Attorneys for Cross-Defendant
UWC - MOORPARK INVESTORS, LTD.
20
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23
24
25
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