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ene-n08 vst "RY SETTLEMENT AGREEMENT AND RELEASE ‘This Settlement Agreement and Release ("Agreement"), dated and effective as of January 31, 2018 (the “Effective Date), is entered into by and betwoen the CITY OF GREEN, an Ohio ‘municipal corporation, having a mailing address of 1755 Town Park Boulevard, Green, OH 44685 (hereinafter, the “City”, for good and valueble consideration, the receipt and sufficiency of which is hereby acknowledged, paid by NEXUS GAS TRANSMISSION, LLC, a Delaware limited Tibilty company, having a principal place of business at 5400 Westheimer Court, Houston, Texas 77056 (*NEXUS"). For purposes ofthis Agreement, the City and NEXUS are individually referred to as “Party” and collectively referred to asthe “Parties.” RECITALS WHEREAS, NEXUS is involved in the construction, operation, and maintenance of an interstate natural ga pipeline system in Ohio and Michigan, including though the City (the “Projea") WHEREAS, on August 25, 2017, the Federal Energy Regulatory Commission (“FERC”) issued a Certificate of Public Convenience and Necessity to NEXUS in FERC Docket No. CP-16- 22.000 (*Centifcate, authorizing NEXUS to construct and operate the Project. WHEREAS, as par of the Project, NEXUS must acquire cersin casement interests in property owned in feeby the City and must erss andor ulze certain roads within the City WHEREAS, pursuant to 15 U.S.C. 7178), NEXUS filed «condemnation action against the City on October 2, 217 inthe Unite Stated District Cour for the Northem District of Ohio, Case ‘No. 5:17-ev-2062 (NEXUS Gas Transmission, LLC v. Cty of Green, Ohio, etal), seeking the scquisition by eminent domain of cetain easement interests from the City (the “Condemnation Action”) WHEREAS, on December 28, 2017, the District Court in the Condemnation Action ‘determined that NEXUS has the authority to condemn the easement interests NEXUS must acquire in the City’s property. WHEREAS, on January 2$, 2018, the City filed an appesl of the December 28, 2017 [pmes vo nash [0 [os rm = rr wows Gos fronemissan, Lc NEXUs. poo ae Exist "A" ) ma THE PROPERTY OF mame THE CITY OF GREEN | EXHIBIT "A" p [Ye Mies IY OF GREEN, SUMMIT COUNTY, OHIO TH2N, ROW: SECTION 27 90 te ee (= EXHIBIT "A" THE PROPERTY OF THE CITY OF GREEN NEXUS Gos [ronemisson, Uc Stag Renn OUR ruse VE CHS} POTN FYE ONE SHEAOE SPR on ‘Sunmntr COUNTY, OHIO le vessronnsecogeume mis, 2 ean a ORR -- | x ' (Se LE BON) AJ evs canny nevocame wane rust — ges ssanae nT USPSA Wy us: Eom on ono nL. (Smee eworyonneway HESUE ANON OEESSSUCOD EEE cra (= -Fere cenmricaep WORK SPACE (0.1980 Ac) MASSILLON_RO, TOESUMMIT COUNTY, 00 wae ores 10 pearse = [oor p05 Wo. SCA 1S SORT ‘Soumrr couNY, Ono 3 oe .02om fe MORNE FONE SAC FMR OC DY OOP DG PE [Desc EP Rev OA SUMMIT COUNT, OHIO en 1 unerersten itt Sh / aoa ane Tras ree tf iS i beeen eae sec war Melons S/N gear esd baw i commer ete eo ears i —---4 TERE cose | — KEY MAP. #83/2--N\@ i |S oR Ed : WORK SPACE (02489 AC) ws" Be ‘ | A STI i | | UN YN 5 S f «i RO SSE a017 WW > THURSBY_RD_CRO: TOS SUNT COUNTY, OHO. omer SB = [oma 008 7 [Ebro A 1S SOR —— 122m Meme AOU PRACT GSN FIBRO YON ANRO--85-A. 000 eae -Fere cern ‘WORK SUMMIT COUNTY, OHIO, masMo re) pre 6 Bawa Z secon as _/ reste on (see AAU Be.) nena 1CATED ‘SPACE (0.2195 AC) KOONS RD_CROSSING Toe SoRaNT_OOURTY OHI ARSE. 10. OH-SU-0BD.0000= D os PVE faster DOB [ewe vey — [ose TOA est FPL Sea 15 SHAN [ONG wO-TAND-P=BIST-A, rev0 | q \ - EE, be 5 j Snare eres i eS | 2 we Pg a | (mows mana) SiN om Yt caemmeee’ j te lisence [ete THE WLW STRCIER, .REVOCALEFANLY TRIST gunTT COUNTY, ONTO ‘oomre neous meena ow ee (-Ferc CERTIFICATED WORK SPACE (0.2362 AC) 2:590m_flne MN FFOREFOM SCIEN MTR \ OO-F2-1 S._ARUNGTON ROAD CROSSING RLINGTON RD TOE SOMA COUNTY, OHIO PACE. OH-SU=O70 DOOT=RD NEXus. fs[onuer pve 2] eae Dos => Ere YP_# [Oe 1-1 TeSCEPT SELES SOM ova NO-TAND-P-8152-A 0 =o | oroseo cuvert Se i ieee yp MESS, oavewar @ 0 GeO SE ‘SoMMIT COUNTY, OO Perv or ese nor Gane e0 aver CRETE) ‘morose cuvest —~"* = i ‘SEE A TIPS PER COUNTY ECTNER OTRECTION “Fowroun cere. ao | Tressecrion rome? | VIRGIUA L REED | (See ae ssiom Tewosare 1 Suen (2) 2:16am Flr PS POMPE RESIN TORO DOREY CEM #1 8G Ig i (= -Fere ceRTIICATED ‘WORK SPACE (0.1580 AC) KILLINGER ROAD CROSSING KILLINGER RD NEXus. z TOE SUNT COUNTY, OHIO __—[ovree¥o. OF -SU OTB DOOD-RO mLer SB_efae_[ omer DOS > [eve DOG ~ 7] on 7 WT OSE FPT ws [EAE IS SHOW [ova vo. WANO=P=81SS-A [SOB son nova ze ‘enanea ure | SSW wo 1 | ! ‘woey ooo? TONG ell : # Se \ INTRO oT ~ _— SEENOLE BEN) 2m ue eso a80rZaNeDA creworey onary sac REM UNGENFED aE -Ferc cermFicaTeD WORK SPACE (0.0772 Ac) CCHRISTMANRD_CROSSING TOESUMMMT COUNTY, OHIO —_[PRCELVS. OH=SU—CBSDOOO-RO. NEXUS. [ESF] Sr 0, 2171.00 Ae VE OEE, so PPR DRS CS SD aver SB [oss D8 [oe 008 [ome -an- 1] 0S FPT wo [SAE AS SHOWN [OG Wo. WANO-P=B154-A_ [Rev OA \ \ \summcoummy owe /5 4 Y oon . & “We STATE OF ar é ray Ibn Row ee (Serta) ceoace 1. scam spec (-Fere ceRTIFICATED (WORK SPACE (0.2372 AC) 1:9 Rime NS YEN CREE EMRE YOY HA AE COMET ROAD CROSS! TOE SUMAN COUNTY, OH. Dae se = [ouw 008] (ero SAE 1S SHOR F ae, L ‘mow tnreusatiecoeuny OED oy 216-1. ‘SUMMIT COUNTY, M10 gga “ob vy (7- Ferc ceRTIFICATED (WORK SPACE (0.2190 Ac) 4:129m_fowe GOI RAPE OHNE EERO LSP S._MAIN STREET CROSSING | [=a oT one SS AS SH worn onvensy ew / EEE" ses 8 MARGARET A, CED ceo. OF~SU=05,D000-RO [20:87 DOB | 6 DO =~ [ON WNT WG. HANO™-P=BTSE~A 2018-308 ‘Dalnit to Seetiemene Agromnent CITY OF GREEN ROADWAY USE AND MAINTENANCE AGREEMENT” BOR NEXUS PIPELINE PROJECT THIS AGREEMENT is entered into by and between the City of Green, Ohio, a political subdivision, whose mailing address is P.O, Box 278, Green, Ohio 44232 (hereinafter, the /),_ and NEXUS Gas Transmission, LLC, a Delaware limited liability company, having a al place of business at S400 Westheimer Court, Houston, Texas 77056, (collectively, hereinafter “Operator”). For purposes of this Agreement, the term “Operator” includes the company and its employee and contractors and their suocessor and assigns), shall ees follows: RECITALS WHEREAS, the City has control of certain public roads within the City and is required by law to keep such roads safe and in good repair, and WHEREAS, Operator is proposing to construct one (1) 36” diameter natural gas pipeline and associated facilities through portions ofthe ity the “Pipeline”), and WHEREAS, Operator intends to use portions of roads within the City for the purpose of constructing the Pipeline (hereinafter referred to collectively as the “Pipeline Activity"); and WHEREAS, the City and Operator desire to enter into an agreement, providing forthe repair and maintenance of said roads asa result of such anticipated trafic from the Pipeline Activity; NOW THEREFORE, in consideration of the good faith performance by each party of the ‘mutual covenants hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Operator and City agree as follows: |. __ The portions ofthe roads in the City to be utilized by Operator hereunder are set forth on Exhibit A attached hereto and incorporated herein (the “Approved Roads"), which may be ‘updated from time to time by the Operator. Approved Roads shall include the rights of way, roads, bridges, culverts, berms, shoulders, roadside ditches, drive aprons, guardrails, traffic control devices, light poles, curbs, gutters and road markings/striping used or affected by Operator, its ‘contractors, subcontractors, and all respective agents, employees, and representatives. Exhibit A’ shall also include the following information: (8) Designated haul rites; and (b) List of contractors with contact information. When available, NEXUS shall provide the City with alist of subcontractors working on its projec in the City. 2. The Approved Roads 10 be used by Operator hereunder shall be maintained by Operator, and any damages caused by Operator's Pipeline Activity to the Approved Roads shall be repaired by Operator, at Operator's sole cost and expense, thoughout the term of this ‘Agreement, to a level consistent with the condition of such road(s) atthe commencement of their tse by the Operator hereunder and/or as modified pursuant to Exhibit A, as determined by the Operator's engineer and the City Engineer. Acceptance of the plan for repairing any damage shall be subject to final approval ofthe City Engineer, which approval shall not be uareasonably withheld, conditioned or delayed, 3. The Operator shall provide the City a notice that it has completed its use ofthe Approved. Roads in the City for purposes ofits installation ofthe Pipeline. As soon as possible after receipt of such notice, the City and the Operator shall inspect said roads and their appurtenances, Following final inspection, the partes shall meet, and all restoration resulting from Opersor's Pipeline Activity shall be identified and thereater completed by the Operator, at Operator's sole expense. Following completion of all restoration work, and subject tothe requirement fora bond to be maintained for two (2) years thereafter as set forth below, this Agreement shall be terminated and of no further force or effect. 4. This Agreement will serve as the general permit allowing all vehicles and equipment used by the Operator, its contractors and subcontractors to exceed posted weight, load and size limits on Approved Roads identified on Exhibit A, but any such approvals necessary for bridges ‘on the Approved Roads shall be subject to the approval of Summit County who mainiains Jurisdiction over seid bridges. Further, no other local permits from the City relating to weight, load andlor size of vehicles andéor equipment shall be required from Operator or its conrasiors or subcontractors for use ofthe Approved Roads identified on Exhibit A. 5. Requests for road closures for repair work relating to the Pipeline Activity shall be ‘provided tothe City in writing by e-mail, fax mil, or personal delivery at lest five (S) business days in advance of such proposed closure, with said request including the time and expected uration of such closure. Roads shall not be closed for hauling activity. No roads shell be closed ‘without the approval ofthe City Engineer, which approval shall not be unreasonably withheld, conditioned or delayed. If the City Engineer approves such road closure, the Operator shall be notified of such approval. If such approval is not given by the City Engineer, the parties shall cooperate to reasonably find an altemative to the proposed closure or limited access or to otherwise minimize disruption to public rod traffic and Operator repair activites and schedule. 6. Operator will cooperate with local school district transportation supervisors, as applicable, to accommodate school buses traveling said Approved Rods 7. Operator shal furnish the City all necessary contact information, including a twenty-four (24) hour emergency contact number, forthe authorized local representative of the Operator, and such information shall be maintained and kept current at all times concemed hereunder. City shall furnish Operator with the primary contact numbers for City officials (oad, police, and fre). Operator will use reasonable efforts to notify those City officals when the Approved Roads will be primarily used for Pipeline Activity 8. Operator shall place color coordinated signs at the beginning and ending points of each Approved Road and at all intersections along its route that indicate which roads are approvec for travel and which roads are not approved for travel, The Operator shall be responsible for plasing and maintaining signage on the Approved Roads in compliance with applicable provisions of the Ohio Manual of Uniform Traffic Control Devices. If the City determines that any additional tafe signage is needed, or desired, asa result ofthis Agreement and in the interests of public safety then Operator shall provide for such signage at Operators sole cost and expense. In the event that any other safety concems should arise during the course of this Agreement, Operator and City agree that they will mutually discuss such concems and reach a resolution satisfactory: toall concemed. 9. All vehicles driven by the Operator shall abide by al applicable loca, state, and federal speed limits as posted, or ifnot posted, as otherwise applicable. All vehicles driven by Operator shall comply with the reasonable requests of the City Engineer and Service Director to take necessary precautions designed to protect the traveling public specifically as it relates to the timely removal of dirt, mud, dust, and debris caried onto the Approved Roads by Operaor's truck and trailers hauling material for Pipeline Activity. These road cleaning activities are required of Operator with or without notice from the City Engineer or Service Director, and will ‘occur on a regular basis. 10. (a) Operator will cause the Approved Roads to be videotaped, with a detailed video ‘ecord, prior fo such roads being used for purposes ofthis Agreement so that the pre-construction, condition of such Approved Roads can be memorialized, Operator has already performed the Videotaping of the Approved Roads and will provide a copy to the City as soon as reasonably practicable. The City shall be allowed to review the videotape. All costs associated with the ‘videotaping ofthe conditions of the roads shall be borne by Operator. () In addition to videotaping the Approved Roads, the parties shall prepare a written list, of the Approved Roads that were videotaped, and these shall be the only roads that Operator shall be responsible for restoring under the terms ofthis Agreement. 1, Within thirty (30) calendar days following execution of this Agreement, and prior tc the ‘commencement of any Pipeline Activity in the City, Operator shall deliver to the City a bord to cover the cost of any damages caused to the Approved Roads by Operator. The bond amount shall bea sum of Five Million Dollars ($5,000,000.00). ‘The performance assurance bond shall bbe made payable to the CITY OF GREEN and shall be issued by a corporation licensed to do business in Ohio and approved by the City Law Director, such approval not to be unreasonably withheld, conditioned or delayed. The performance assurance bond shall remain in full force and effect during the term of Operator's use ofthe Approved Roads under this Agreement, and will expire two (2) years after acceptance by the Cty of final restoration work under Paragraph 3 of | this Agreement, which acceptance shall not be unreasonably withheld, conditioned or delayed. This bond is intended to provide the City with assurance that it will be paid by the Operator for its obligations under this Agreement, but shall in no way limit the Operator's obligations or liabilities, as otherwise stated inthis Agreement. ‘The City may draw upon the bond only if and to the extent that Operator fails or refuses to comply with the terms of this Agreement to promptly perform repairs or to pay the cost of performing repairs. Upon certification from the Cty Engineer that: Operator filed or refused to comply with any term of this Agreement and to perform required repairs or to pay the cost of performing repairs; thatthe City has performed the repairs or caused such work be performed; that the ity has incurred expenses forthe performance of such repair work; and that the City has submitted such expense for payment to Operator without payment rendered, the bond funds may: bbe drawn upon by the Cty to cover such expenses, 12, NEXUS will provide written notice to the City of the completion of Pipeline Activity: within the City. Upon receipt of such writen notice, the City will inspect the Approved Roads for damage caused by Operator. The inspection of the Approved Roads will be completed within sixty (60) days of the notice above. The City will in good faith provide a list of damages, based ‘upon applicable Ohio Department of Transportation and City specifications, to the Approved Roads caused by Operator and Operator shall make the necessary repais so that the Approved Roads are restored fo as clove az reazonsbly practicable the condition as existed atthe time the Approved Roads were videotaped. It is agreed and understood that Operator shall be responsible for the restoration of the damage caused to the Approved Roads. The Operator shall not be responsible for damage occurred as the result of activities andior conditions unzelated to its activity in constructing the Pipeline. Such restoration work shall be completed as soon as reasonably practicable after thelist of damages is provided to Operator by the Cit. Operator shal provide written notice to the City Engineer that repair work under this Agreement hhas been completed. Upon receipt of the completion notice the City Engineer will have 14 calendar days to accept or reject the above work based upon applicable engineering standards, IF 4 rejection notice is tendered by the City Engineer, Operator stall promptly make the necessary ‘epairs as identified in the rejection notice, orto the extent Operator, disegrees as to the need for additional repairs, provide a written explanation as to why such repairs are not necessary. {In the event thatthe repair work is not completed within thy (30) days after the City provides its list of damages to Operator, or fails 1o thereafter mainin reasonable progress in the performance of the repairs, the City may make such repairs and shall invoice the Operator forall costs incurred in connection with such repairs, including for review time, inspection time and any time expended related to this Agreement. Operator shall pay such invoiced amounts witha thirty 30) days following receipt of such invoice. 13. Operator shall protect save, indemnify, and hold the City, its officals, employees and engineers harmless from any liability, claims, damages, penalties, charges, or costs which may arise or be claimed as a result of any violations of any applicaole laws, of any loss, damage or expense, including injury or death to any person, from any cause or causes whatsoever, arising cout of or in any way connected with the Operator's Pipeline Acivity and which is nat caused by the negligence or intentional misconduct of the City, its officials, agents, engineers andior employees. 14, The execution, delivery, and performance of this Agreement have been duly and validly authorized by all requisite action, corporate or otherwise, on tke part of the City and Operator, including formal written approval fom any goveming body of the City. Further, the party signing on behalf of City has authority to sign this Agreement and to bind the City. This ‘Agreement shall be binding upon Operator and City, and thir respective successors and assigns, 15. In the event that any clause, provision or remedy in this Agreement shall, for any reason, bbe deemed invalid or unenforceable, the remaining clauses and provisions shall not be affected, impaired or invalidated and shall remain in fll force and effect. 16. The failure of party to exercise any right under this Agreement shall not, unless ‘otherwise provided or agreed in writing, be deemed a waiver thereof; nor shall a waiver by a party of any provision herein be deemed a waiver of any future compliance therewith, and such, provisions shal remain in full force and effect. 17. This Agroement shall only be amended in writing properly executed by the partes. 18. This Agreement shall be govemed by the laws ofthe State of Ohio. Any disputes arising under this Agreement between the parties shall be decided by the United States District Court for the Northem District of Ohio, Easter Division. 19. Operator, and any contractors hired by Operator to perform work pursuant to this ‘Agreement, shall pay prevailing wage rates of the project locality to al applicable personnel performing labor on the project, to the extent thatthe project i subject to Ohio's prevailing wage laws. The City shall be responsible for providing the prevailing wage coordinator as set forth in ‘Ohio Revised Code Chapter 4115. This requirement shall also apply to any road modification and road improvement work performed by Operator under this Agreement, 20. In the event Operator is reasonably believed by the City to have caused damage to a portion of the Approved Roads of « magnitude sufficiently great to crete a hazard tothe public health and safety, which in the good faith opinion of the City warrants an immediate repair or road closing, the City shall notify Operator of the damage. If the Operator has failed to begin such repair work within forty-eight (48) hours of the notice from the City, the City may unilaterally make or authorize repair to the Approved Roads, and the casts incurred by the City ‘may be drawn against the performance bond above. Executed in duplicate on the dates set forth below. [Signatures on the following pages) Approved as to Form: Ciiy of Gres Law Director Dated; rator NEXUS GAS TRANSMISSION, LLC, ‘a Delaware limited liability company By Spectra Energy NEXUS Management, LLC, in ts capacity as operator By TTina Farace, Vice President Dated City of Green Appendi A End: interstate 77 Besdlione: jection: Bieri be Uasd Koons Road ‘Start: Masson Road 177 End: South Adington Road Tinga Road ‘Start: South Arington Road To End: Ghvstman Road ‘Christman Road ‘Start Klinger Road Tar End: Mt. Pleasant Street East Comet Read | Start: Christman Road Ts End: South Main treat "Thursby Road ‘Start: Koons Road oe End: End of Road Wise Road ‘Start iy Umit (Easy ry End: Masson Road Wine Road ‘Start: Greensburg Road oT End: South Avington Road Heckman Sect ‘Start: Mayfatr Road Too Ends hy Us (East) ‘South Arlington Road [Starts Cty mite (South) 2a End: ENimitils Road Greensburg Road | Start: ENimisla Road 3a Ends City Lis (East) Mayfair Road ‘Start: Heckman Road 320 End: Clty Units (South) Taby Road ‘Start: Greensburg Road 70 End: Cy Uits (South) South Main Sreet | Start Gty mits (South) Ts End: Yager Road ‘Warailon Road ‘Start: Koons Road 320 NEXUS" Contractor and NEXUS Contact NEXUS? Contractor: Michels Pipeline Construction A Division of MICHELS Corporation PO Box 128 | 817 Main Street Brownsville, WI 53006 office: 920.924.4300 Contact at NEXUS: "Andrew Black, Permit Supervisor NEXUS GAS TRANSMISSION, LLC {6050 Oak Tree Bivd, Suite 200 Independence, OH 44131 office: 216-393-6356 e-mail: Andrew Black@Enbridge.com test ane-r09 Dihit to Settlement Agrement ‘ra Felence UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION NEXUS GAS TRANSMISSION, LLC, (Case No. $:17-cv-2062 (Lead Case) 5:17-ev-2066 (Member Case) Plain, v 2 Judge John R. Adams CITY OF GREEN, et a, Defendants. JOINT NOTICE AND STIPULATION OF DISMISSAL BETWEEN NEXUS AND DEFENDANTS: 2.00 ACRES + PERMANENT EASEMENT, AND 3.2 ACRES ‘TEMPORARY EASEMENT OF LAND IN CITY OF GREEN, SUMMIT COUNTY, ‘OHIO; 0.0147 ACRES + PERMANENT EASEMENT AND 0.0 ACRES + TEMPORARY EASEMENT OF LAND IN CITY OF GREEN, SUMMIT COUNTY, OHIO; CERTAIN INTEREST(S) IN CHRISTMAN ROAD, COMET ROAD, GREENSBURG ROAD, KILLENGER ROAD, KOONS ROAD, MASSILLON / HWY 241 ROAD, MAYFAIR ROAD, S. ARLINGTON ROAD, S. MAIN STREET, THURSBY ROAD, AND WISE, ROAD IN CITY OF GREEN, OHIO; AND THE CITY OF GREEN, OHIO NOW COME Plaintiff NEXUS Gas Transmission, LLC (“NEXUS”) and the following Defendants: 2.00 Acres + Permanent Easement and 3.2 Acres + Temporary Easement of Land in City of Green, Summit County, Ohio; 0.0147 Acres + Permanent Easement and 0,0 Acres Temporary Easement of Land in City of Green, Summit County, Ohio Certain Interests in Christman Road, Comet Road, Greensburg Road, Killinger Rosd, Koons Ros, Massillon Road (HWY 241), Mayfair Road, S. Arlington Rosd, 8, Main tree, Thursby Road, and Wise Road, in the City of Green, Ohio; andthe City of Green, Obio (collectively, “Defendants”, by and through counsel and hereby stipulate ad agree as follows: 1, Defendant, the City of Green, Ohi (“City), was name asthe fee owner ofthe defendant-popenies more filly dere! at Exhibits Act and A-2 to the Complaint inthe above-captioned proceeding 2. Certain interests in the following road(s) located within the City of Green, Ohio (Mayfair Road, Greensburg Road, Massillon Road (HWY 241], Koons Read, Thursky Road, Koons Road, S. Arlington Rood, Killinger Road, Christman Road, Comet Road, S, Main Street, Wise Road, and Killinger Road) were named as defendants in the above-captioned proceeding, and which are more fully identified in Exhibit A-37 to the Complaint, in the above-captioned proceedings. 3. Defendants have entered into an easement agreement end other settlement ‘documents with NEXUS; and NEXUS and Defendants have otherwise resolved their dspute(). Accordingly, both parties have agreed to dismiss and/or withdraw, with prejudice, any pending: ‘causes of action, claims, counterclaims, motions, opposition(s, defenses, and/or other pleadings. in the above-captioned proceeding (collectively “Claims”. 4, The City shall dismiss with prejudice all pending lawsuits, appeals or other legal actions currently pending that are adverse to NEXUS, including but not limited tothe appeal to the Sixth Cireit from this lawsuit styled NEXUS Gas Transmission, LLC v. Cty of Green, Ohio, «at al, Case No, $:17-c¥-02062, N.D. of Ohio (Appeal Case No. 18-3112); City of Green, Ohio v Ohio Environmental Protection Agency and NEXUS Gas Transmission, LLC (Intervencr), Case No. 17-4016, U.S, Court of Appeals for the Sixth Ciruit; and City of Green v. Butler, Case No. RAC 17-6940, 5. The City shall refrain, directly or indirectly, from interfering with the NEXUS project. The City shall also refain from joining or appearing as @ party in any future regulatory ‘or other legal proceedings intended to oppose, delay, stay, and/or block the NEXUS project, ‘other than to enforce the terms ofthe parties’ easement and/or atherseftlement documents. 6 Pursuant to Fed, Civ. R.71.1()(1\B), Defendant and NEXUS hereby stipulate to the dismisal of Defendants from tis action, and stipulate to the withdrawal and/or dismissal of any ad all claims andor defenses, ifany, exerted by Defendants aginst NEXUS. 7. Alleratvely, the parties request the Court construe this Joint Notice and Stipulation of Dismissal as a motion to dismiss Defendants and the sboverited rosdway()/propetyiproperties pursuant to Fed, R Cv, P. 71.1(9(2) andlor Fed. R. Ci P. 2, and dismiss Defendants and the above-listed roadways) ropes properties accordingly 8 ‘The Cour shall retain juristiction for the limited purpose of enforing the terms ofthe panties’ stdement Respectfully submitted, 7 ‘eLDiane A Cale sr emai auth 227) dames J. Hughes, IIT (0036754) Diane A. Calta (0070433) Aennifer A. Flint’ (0059587) City of Green Director of Law Daniel E. Gerken (0088259) 1755 Town Park Boulevard Kara H. Hermstein (0088520) Green, Ohio 44232 Bricker & EcxLER LLP 7: 330,896.6615 100 8, Third Street, F:330,896.6606 Columbus, Ohio £3215 dealta@eityofireen org ‘Telephone: (614) 227-2300 Counsel for Defendant City of Green Facsimile: (614) 227-2390 “hughes @bricker com $fint@bricker.com dgerken@brickercom khermstein@brieker.com Counsel for Plaiif. NEXUS Gas Transmission, LLC esas (CERTIFICATE OF SERVICE hereby cetify that 2 copy of the preceding Joint Notice and Stipulation of Dismissal ‘was electronically filed through the Court's ECF system which, accordingly, will send notification ofsuch filing to the attorneys of record who have made an appearance in this action; ‘and I hereby certify that a copy of the preceding Joint Notice and Stipulation of Dismissal was served upon the following via ordinary U.S. Mai, postage prepaid, this day of February 2018; “Aqua Ohio, Tne William T, Trop ‘lo Corporation Se-vice Company, Cindy R. Tropt Statutory Agent 10625 Cleveland Ave. N.W. '50 W. Broad St, Sie. 1330 Uniontown, OH 44685 Columbus, OH 43215 “Huntington National Banke clo Richard A. Cheap, Statutory Agent 41S. High St Columbus, OH 43215, PNC Bank, NA. ‘lo Corporation Service Company 50 West Broad St, Ste. 1330 ‘Columbus OH 43315 Dean Nielson, Esq Chemical Bank 999 E. Main Street Ravenna, Ohio 44256 Counsel for Chemical Bank, successor in interest to First Plece Bank and Talmer Bank ‘and Trust Buckeye Pipe Line Company, LP, Successor incIntrest to Buckeye Pipe Line Company co Corporation Service Company, Satory ‘Agent 50 W. Broad St, Ste. 1330 Columbus, OH 43215 ‘sl Jennifer A, lint Jennifer A. Flint (0059587)

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