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City of Pleasanton
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CITY CLERK
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2010
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9/29/2010 2:46:54 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
10/5/2010
DESTRUCT DATE
15Y
DOCUMENT NO
14
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8.5 Except as otherwise expressly provided herein, nothing in this Settlement <br /> Agreement requires the City to undertake any obligation with respect to <br /> the Climate Action Plan, or the SEIR for the Climate Action Plan, in <br /> excess of the obligations generally imposed under CEQA or any other <br /> State law. <br /> 9. CEQA <br /> 9.1 As appropriate, the City will conduct environmental analysis in <br /> accordance with CEQA and CEQA Guidelines for the actions identified in <br /> this Settlement Agreement. <br /> 10. NO ADDITIONAL LITIGATION; PLAINTIFFS' WAIVER AND <br /> RELEASE <br /> 10.1 The City shall not pursue an appeal or further litigation of claims brought <br /> by Plaintiffs or Intervenor in the Urban Habitat Litigation or the General <br /> Plan/CEQA Litigation. <br /> 10.2 Upon entry of judgment in accordance with section 12.1, Plaintiffs and <br /> Intervenor shall voluntarily dismiss with prejudice the two remaining <br /> causes of action in the Urban Habitat Litigation (Seventh and Eighth <br /> Causes of Action) and the entire General Plan /CEQA Litigation. <br /> 10.3 Except as expressly provided herein, for and in consideration of the <br /> covenants made herein, Plaintiffs do hereby completely waive, release and <br /> forever discharge the City, and the City's predecessors and successors -in- <br /> interest, heirs, assigns, past, present, and future, Council members, staff, <br /> principals, agents, officers or directors, managers, employees, attorneys, <br /> insurers and all other persons or entities in any manner related thereto or <br /> acting on their behalf, from any and all claims, demands, actions, <br /> proceedings and causes of action of any and every sort, whether known or <br /> unknown, arising out of or relating to the Urban Habitat Litigation. <br /> Except as expressly provided herein, Plaintiffs further covenant not to sue <br /> the City for claims, damages and/or any and all other relief arising from or <br /> in any manner connected with the Urban Habitat Litigation, and promise <br /> and agree that they will not file, participate in, or encourage, assist or <br /> instigate the filing of any claims and/or causes of action in any state or <br /> federal court or any proceedings before any local, state, or federal agency, <br /> against the City arising out of the Urban Habitat Litigation. <br /> 10.4 Plaintiffs and the City intend this Settlement Agreement to be and <br /> constitute a full general release and to constitute a full and final accord <br /> and satisfaction extending to all claims arising out of or relating to the <br /> Urban Habitat Litigation, whether the same are known, unknown, <br /> suspected or anticipated, unsuspected or unanticipated. Accordingly, <br /> except as expressly provided herein, Plaintiffs, by signing this Settlement <br /> Settlement Agreement and Covenant Not to Sue - Page 9 of 15 2506199.1 <br />
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