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alleged occurrence before the approval of the Settlement Agreement, the City's obligation to make any remaining payment shall cease and Plaintiffs shall be obligated to reimburse the City for any payment already made (a strong incentive for not engaging in additional litigation against the City of Pleasanton.) Plaintiffs and Intervener are not waiving rights to claims for alleged wrongdoing by the City occurring after approval of this Settlement Agreement. Article 14 (Other Provisions). No party admits liability or fault by entering into the Settlement Agreement. No third party may rely upon the Settlement Agreement to claim a benefit under the agreement, i.e. the parties do not intend for the Settlement Agreement to confer rights upon a third party that such third party might seek to enforce against the City or other parties. The remaining provisions in this article are standard clauses in release agreements and are appropriate for inclusion in the Settlement Agreement. OTHER RELATED MATTERS In recognition of the complexity associated with implementation of this Settlement Agreement and the importance of transparency in its execution, staff will be recommending to the City Council the establishment of a Settlement Agreement/Growth Management Sub - Committee comprised of two Council members and City staff. The goal of this sub - committee will be to monitor ongoing implementation of the Settlement Agreement and provide quarterly updates to the public. The group will also be charged with reviewing, researching and investigating altemative growth management strategies for consideration and implementation by the City, prior to and or following adoption of the new Housing Element. Establishment of the subcommittee will be presented to the City Council for its consideration in September. CONCLUSION Staff, City legal counsel and the City Council negotiating team believe this Settlement Agreement meets the goals the City Council set in order to address this situation and settle the litigation pending against the City. The Settlement Agreement places considerable obligations upon the City which must be met within very short time periods. Still, this Settlement Agreement results in greater certainty for the City, residents, future residents, businesses and property owners. It will allow the City to proceed with updating its Housing Element and adopting a Climate Action Plan in accordance with State law. Submitted by: Approved by: ath-o reita-y Jonathan P. Lowell Nelson Fialho City Attorney City Manager Attachments 1. Settlement Agreement signed by Plaintiffs and Intervener, with attachments 2. July 20, 2010 City Council Agenda Report concerning Urban Habitat litigation, with attachments 3. July 20, 2010 City Council Agenda Report approving agreement with Environmental Sciences Associates to prepare Climate Action Plan and EIR, with attachments Page 7 of 7