EXHIBIT C 

Case: 19-30088 Doc# 3177-3 Filed: 07/24/19 Entered: 07/24/19 16:50:47 Page 1

of 8
Pacific Gas and Electric Company

Community Pipeline Safety Initiative 

6111 Bollinger Canyon Rd., 3rd Floor 

San Ramon, CA 94583

PG&E Project: RW_C _####_XX

Page 1 of 7

CONFIDENTIAL SETTLEMENT AGREEMENT AND GENERAL RELEASE

This Confidential Settlement Agreement and General Release (“Settlement 

Agreement”), is made and entered into as of [DATE] by and between [NAME OF 

PROPERTY OWNER] as owner (“Owner”) of the property located at [ADDRESS OF 

PROPERTY] (“Property) and Pacific Gas & Electric Company, including any and all 

past, present and future parent companies, subsidiaries, holding or affiliated companies 

(“PG&E”). The parties to this Settlement Agreement may hereinafter be collectively 

referred to as the “Parties.”

Whereas, PG&E’s representatives and Owner have discussed the presence of certain 

structures and incompatible vegetation which are located within a PG&E gas 

transmission easement established by an earlier-executed Easement Agreement and 

which crosses the Property (the “Encroachments”); and

Whereas, PG&E determined that the Encroachments are impairing PG&E’s ability to 

safely maintain and operate its natural gas pipeline, including the ability to perform 

inspections, leak surveys, patrols and maintenance, and must be removed from the 

PG&E easement; and

Whereas, the Owner and PG&E understand the Easement Agreement contains a 

restriction prohibiting Encroachments within the easement and also provides for a 

shared responsibility to identify and maintain the PG&E right-of-way free of 

Encroachments; and 

Whereas, the Owner and PG&E wish to have the Encroachments removed from the 

Easement to fully resolve the matter, without admission or adjudication of any issues of 

fact or law, and without limitation in time, any claims that may arise from the presence 

or removal of the Encroachments from the Property (the “Claims”); 

NOW, THEREFORE, in consideration of and reliance upon the definitions, recitals, 

mutual promises, covenants, understandings representations and obligations set forth in 

this Settlement Agreement, and to which they intend to be legally bound, the Parties 

agree as follows: 

1. Settlement Payment: In consideration of the Actions to be taken and the

Release set forth herein and the other material provisions of this Settlement

Agreement, PG&E agrees to make a one-time payment in the amount of

$[number of amount] ([words of amount]) to Owner in full and final settlement

of the Claims (the “Settlement Payment”) after the completion of all Actions

described in Section 2 below.

Commented [A1]: Name of Owner

Commented [A2]: Address of Property

Commented [A3]: Limit wording to scope. If veg only project 

remove “structures” vice versa.

Commented [A4]: Incentive Amount

Case: 19-30088 Doc# 3177-3 Filed: 07/24/19 Entered: 07/24/19 16:50:47 Page 2

of 8
Pacific Gas and Electric Company

Community Pipeline Safety Initiative 

6111 Bollinger Canyon Rd., 3rd Floor 

San Ramon, CA 94583

PG&E Project: RW_C _####_XX

Page 2 of 7

2. Actions. In consideration of the payment of the Settlement Payment, Owner

agrees to take the following actions (the “Actions”), which shall begin no later

than fourteen (14) days and be completed no later than ninety (90) days after

the Settlement Agreement is fully executed:

a. Call 811 prior to beginning removal of the Encroachment to arrange with

USA a “locate and mark” of PG&E natural gas pipeline on the Property.

b. Arrange with a representative of PG&E to have a PG&E representative

present at the Property during the removal of items described below.

c. [Allow PG&E to Remove] [Remove], in a workmanlike manner and in

accordance with all applicable laws, ordinances and regulations, the

following items from PG&E’s easement:

1. [List items being removed and what, if anything will replace

it]

2.

3.

d. Sign, upon completion of the removals [by PG&E], an Owner

Acknowledgment Letter, the form for which is attached hereto as Exhibit

A.

3. Release: In consideration of the payment of the Settlement Payment,

Owner, from and after receipt of the settlement payment, on their own behalf,

and the behalf of any of their minor children, heirs, executors, administrators,

legal representatives, successors, beneficiaries and assigns, fully, forever

and irrevocably releases and discharges PG&E and its directors, agents,

principals, receivers, trustees, employees, contractors, clients,

representatives, insurers, predecessors or successors-in-interest and

assignees from any and all Claims. Owner hereby knowingly waives the

provisions of California Civil Code section 1542, which provides as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO

EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE

RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE

MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR

OR RELEASED PARTY.

4. Taxes. The payments set forth in this Settlement Agreement may be subject

to local, state or federal taxes. PG&E urges Owner to seek his own tax

advice to determine if the payments have any tax consequences. PG&E

Commented [A5]: Remove if PG&E is doing the work.

Commented [A6]: Remove if PG&E is doing the work.

Commented [A7]: Remove if PG&E is doing the work.

Commented [A8]: Bracketed for inclusion or removal, 

according to who will perform the work

Commented [A9]: Enter the scope of the work, what is being 

removed.

Commented [A10]: Bracketed for inclusion or removal, 

according to who will perform the work

Case: 19-30088 Doc# 3177-3 Filed: 07/24/19 Entered: 07/24/19 16:50:47 Page 3

of 8
Pacific Gas and Electric Company

Community Pipeline Safety Initiative 

6111 Bollinger Canyon Rd., 3rd Floor 

San Ramon, CA 94583

PG&E Project: RW_C _####_XX

Page 3 of 7

makes no representations as to the taxable nature of payments made under 

this Settlement Agreement. 

5. Term. This Settlement Agreement will commence on the Effective Date and

will continue until the Actions have been completed and payment of the

Settlement Payment has been made. The Confidentiality provisions, Release

provisions, and Future Encroachments provisions survive termination of the

Settlement Agreement.

6. Confidentiality. Owner agrees to keep confidential, and endeavor to cause

their agents, assigns, employees, attorneys, heirs, and successors, and to

keep confidential, the terms of this Settlement Agreement. In this connection,

Owner understands and agrees that the word “confidential” as used herein

means that Owner will not disclose the terms of this Settlement Agreement

except: (i) to the extent that such disclosure is necessary for their personal

legal and financial investment, or tax purposes; (ii) to governmental agencies,

including taxing authorities, having a legal right to the information; (iii)

pursuant to a valid subpoena; or (iv) by order of any court or administrative

authority. In the event that Owner is requested or required to disclose this

Settlement Agreement, prior to making such disclosure, shall provide

reasonable notice to PG&E by sending a certified letter to PG&E’s Sr.

Director of Litigation, P.O. Box 7442, San Francisco, CA 94120.

7. No Reliance. Each Party disclaims reliance on any representations, oral or

written of the other Party outside of the terms of this Settlement Agreement.

8. Force Majeure. No Party shall be liable for failure to perform its part of this

Settlement Agreement when failure is due to fire, flood, war, civil disorder,

insurrection, or other like causes that could not have been reasonably

anticipated.

9. Governing Law. The Parties agree that any disputes arising out of this

Settlement Agreement will be resolved according to the laws of the State of

California, without regard to any conflict-of-law principles that would apply the

laws of any other jurisdiction. Any proceedings arising out of or relating in any

manner to this Settlement Agreement shall be brought and conducted in the

state or federal courts of the State of California.

10. Severability. In the event that any part of this Settlement Agreement is

declared by any court or other judicial or administrative body to be null, void,

or unenforceable, said provision shall survive to the extent it is not so

declared, and all of the other provisions of this Settlement Agreement shall

remain in full force and effect.

Case: 19-30088 Doc# 3177-3 Filed: 07/24/19 Entered: 07/24/19 16:50:47 Page 4

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Pacific Gas and Electric Company

Community Pipeline Safety Initiative

6111 Bollinger Canyon Rd., 3rd Floor

San Ramon, CA 94583

PG&E Project: RW_C _####_XX

Page 4 of 7

11. Entire Agreement. This Settlement Agreement embodies the entire 

agreement between the Parties [as to the Encroachment on the Property]

[pertaining to PG&E’s obligation to pay for costs incurred as of the move 

required to facilitate the Construction]. 

12. Warranty of Authority. The parties represent that they have the authority to 

execute this Settlement Agreement. 

13. Amendments Waivers. This Settlement Agreement may be amended or 

modified, and any of the terms, covenants, representations, warranties, or 

conditions hereof may be waived, only by a written instrument executed by 

the Parties hereto, or in the case of a waiver, by the Party waiving 

compliance. Any waiver by any Party of any condition, or of the breach of any 

provision, term, covenant, representation, or warranty contained in this 

Settlement Agreement, in any one or more instances, shall not be deemed to 

be nor construed as further or continuing waiver of any such condition, or of 

the breach of any other provision, term, covenant, representation, or warranty 

of this Settlement Agreement.

14. Successors and Assigns. No Party shall assign this Settlement Agreement 

or any rights or obligations hereunder without the prior written consent of the 

other Parties and any such attempted assignment without such prior written 

consent shall be void and of no force and effect. This Settlement Agreement

shall inure to the benefit of and shall be binding upon the successors and 

permitted assigns of the Parties.

15. Counterparts. This Settlement Agreement may be executed in one or more 

counterparts, each of which shall be deemed an original, and all of which

shall be one instrument.

16. Future Encroachments. Owner and its successors shall maintain PG&E’s

Easement free of structures and certain vegetation that may impair PG&E’s 

ability to safely maintain and operate its natural gas pipeline in the Easement,

including the ability to perform inspections, leak surveys, patrols and 

maintenance.

[Signatures on the following page]

Commented [A11]: Use if settlement is related to owner selfperforming work and/or does not involve owner/tenant relocation

Commented [A12]: Use if settlement is related to owner/tenant 

relocation

Case: 19-30088 Doc# 3177-3 Filed: 07/24/19 Entered: 07/24/19 16:50:47 Page 5

of 8
Pacific Gas and Electric Company

Community Pipeline Safety Initiative 

6111 Bollinger Canyon Rd., 3rd Floor 

San Ramon, CA 94583

PG&E Project: RW_C _####_XX

Page 5 of 7

IN WITNESS WHEREOF, the Parties hereby execute this Confidential Settlement 

Agreement and General Release. 

Pacific Gas and Electric Company:

Stephen Hughes 

Supervisor, Land Management

Bob Jones 

Manager, Land Rights

Joe Echols 

Program Manager, Community Pipeline Safety Initiative

Date: 

Owner: 

Name: 

Date: 

Commented [A13]: Select the appropriate approver and delete 

the others:

If $100,000 or less, Stephen will sign.

If between $100,001 - $250,000, Bob will sign.

If over $250,000, Joe will sign.

Commented [A14]: Print Owner’s Name

Case: 19-30088 Doc# 3177-3 Filed: 07/24/19 Entered: 07/24/19 16:50:47 Page 6

of 8
Pacific Gas and Electric Company

Community Pipeline Safety Initiative

6111 Bollinger Canyon Rd., 3rd Floor

San Ramon, CA 94583

PG&E Project: RW_C _####_XX

Page 6 of 7

EXHIBIT A

July 9, 2019

«Customer_Name»

c/o [REPRESENTATIVE NAME]

«Mail_Address1»

«Mail_City» «Mail_State», «Mail_Postal»

Re: «Mail_Address1», «Mail_City» «Mail_State», «Mail_Postal»

Acknowledgement of Completion of Settlement Agreement

PG&E Project(s): RW-C/VC-xxxx-xx, RW-V-xxxx-xx

On behalf of Pacific Gas and Electric Company (PG&E), I would like to thank you for your patience and 

understanding during our recent gas safety work on your property. It is thanks to your cooperation that 

first responders and utility crews will have better access to the underground gas pipeline in the event of 

an emergency or for important maintenance work.

All safety work associated with the Settlement Agreement has been completed and reviewed with you at 

the property. This letter, when countersigned, will serve to confirm:

• All work described in the Settlement Agreement has been completed to your satisfaction.

• If you had requested replacement vegetation, you understand that you will be responsible for the 

future care and maintenance of all replacement vegetation that has been installed.

• Going forward, please do not plant any new trees or move any new structures into the area above 

the pipeline. Please see the next page of this letter for more information on safe landscaping and 

other uses near the gas pipeline. 

For the tree(s) that we have determined can remain in place, PG&E will monitor the tree(s) on at least an 

annual basis as part of our regular pipeline inspections and patrols. Should any such tree(s) develop into 

a safety concern in the future, PG&E will work with you to address the concern at that time.

We request that you acknowledge your agreement to these points by countersigning this letter in the 

space provided below. 

Sincerely,

[LAND AGENT NAME]

Land Agent / Land Consultant, Community Pipeline Safety Initiative

Phone: xxx-xxx-xxxx

ACKNOWLEDGED AND AGREED:

Print Name: _____________________________ Date: ___________________________

Signature: ______________________________

Print Name: _____________________________ Date: ___________________________

Signature: ______________________________

Commented [A15]: Use only if a representative is acting on 

behalf of Owner. If not, remove this line.

Commented [A16]: Include appropriate Project IDs.

Commented [A17]: Only if applicable.

Commented [A18]: Only if applicable.

Commented [A19]: Select appropriate title

Commented [A20]: Include your phone number.

Case: 19-30088 Doc# 3177-3 Filed: 07/24/19 Entered: 07/24/19 16:50:47 Page 7

of 8
Pacific Gas and Electric Company

Community Pipeline Safety Initiative 

6111 Bollinger Canyon Rd., 3rd Floor 

San Ramon, CA 94583

PG&E Project: RW_C _####_XX

Page 7 of 7

Case: 19-30088 Doc# 3177-3 Filed: 07/24/19 Entered: 07/24/19 16:50:47 Page 8

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