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RE 2013-0611.3 RESOLUTION NO. 2013-0611.3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A SETTLEMENT AGREEMENT BY AND BETWEEN LUMINANT GENERATION COMPANY LLC AND THE CITY OF COPPELL; APPROVING THE TERMS AND CONDITIONS OF A RELEASE OF MEMORANDUM OF LEASE BY AND BETWEEN COPPELL LAND, LLC, CYPRESS WATERS LAND B, LTD, CYPRESS WATERS LAND C, LTD, THE CITY OF COPPELL AND LUMINANT GENERATION COMPANY LLC; APPROVING THE TERMS AND CONDITIONS OF A RELEASE OF MEMORANDUM OF ENVIRONMENTAL REMEDIATION AGREEMENT BY AND BETWEEN CBIC COPPELL LAND, LLC, CYPRESS WATERS LAND B, LTD, CYPRESS WATERS LAND C, LTD, THE CITY OF COPPELL AND LUMINANT GENERATION COMPANY LLC; AUTHORIZING THE CITY MANAGER TO SIGN, WHICH ARE ATTACHED HERETO AS EXHIBIT 1, 2 AND 3, RESPECTIVELY; REPEALING ALL RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has entered into a Settlement Agreement by and between Luminant Generation Company LLC; and WHEREAS, the City has entered into a Release of memorandum of Lease and a Release of memorandum of Environmental Remediation Agreement by and between Coppell Land, LLC, Cypress Waters Land B, LTD, Cypress Waters Land C, LTD and Luminant Generation Company LLC; and WHEREAS, the City Council find it is in the best interest of the City of Coppell and its citizens to approve said agreement(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS THAT: SECTION 1. The City Council hereby approves the terms and conditions of Settlement Agreement by and between the City of Coppell and Luminant Generation Company, LLC. and hereby authorizes the City Manager to execute said agreement, as provided in Exhibit 1 which is attached hereto and incorporated herein by reference. SECTION 2. The City Council hereby approves the terms and conditions of a Release of Memorandum of Lease and Release of Memorandum of Environmental Remediation Agreement by and between the Coppell Land, LLC, Cypress Waters Land B, LTD, Cypress Waters Land C, LTD and Luminant Generation Company LLC. and hereby authorizes the City Manager to execute said releases, as provided in Exhibit 2 and 3, which are attached hereto and incorporated herein by reference. TM 60776 9LL09 TALL (wdcu/Hj) • Mauro JAiij.TD 'loam.g pagou • 7 ;'#':#i 1y • ': I e S a i Oaddv kimonos ID `soumad Ia�sr.ru r11901717/ ifr„ :lsa ly Jo.nJAJ`�unH oglog uat:x :a , O. .dV •EIOZ —a�►-n(1 Jo ke� I alp sttp.uo `suxaI `Iiaddoj Jo�I3 aril jo tiounoD ID age ifq panoJddu pun Q SS�d X711 •paniosaa Xinp s! pun `o ussud S ! zauu pun Luoij kfompauruzi Toojjo a)Iu} hugs uopniosoi s!ITZ •S NOILDaS •aiguranas oq pa.reioap igoiog aau suor rod 2u!ureuza.r Lions puu `.Sgoloq papajju oq lou hugs Japureunar age `uosuar ATM .roj menu! ag oq uogniosoi srrl jo /Cue pinolS 'b mOI ,Dos •pa)Ionoi puu painadai i goioq a.ru uogniosag sire.ur pauruluoo suotsrnoid logjuoo ut itouno3 AIj aril Jo uogniosoi Jorad fuy •£ MOLLDaS Exhibit 1 Settlement Agreement TM 60776 Exhibit 2 Release of Memorandum of Lease TM 60776 Exhibit 3 Release of Memorandum of Environmental Remediation Agreement TM 60776