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14
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2010
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100510
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14
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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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Agreement, agree and warrant that they have read, understand and <br /> expressly release and waive the provisions of California Civil Code <br /> Section 1542, which reads as follows: <br /> A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS <br /> WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT <br /> TO EXIST IN HIS OR HER FAVOR AT THE TIME OF <br /> EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM <br /> OR HER MUST HAVE MATERIALLY AFFECTED HIS OR <br /> HER SETTLEMENT WITH THE DEBTOR. <br /> Plaintiffs understand and acknowledge that the significance and <br /> consequence of this release and waiver of California Civil Code Section <br /> 1542 is that, except as expressly provided herein, even if Plaintiffs should <br /> eventually suffer additional damages or losses arising out of or relating to <br /> the Urban Habitat Litigation, or should there exist other undisclosed <br /> rights, obligations or liabilities arising out of or relating to the Urban <br /> Habitat Litigation or the General Plan/CEQA Litigation, Plaintiffs may not <br /> make any claim for those damages, losses or obligations. <br /> 10.5 In consideration of the City's satisfaction of its obligations under this <br /> Settlement Agreement, Plaintiffs and Intervenor will not pursue additional <br /> litigation against the City in any state or federal court or before any local, <br /> state or federal agency with respect to any claims existing as of the Date of <br /> Approval, known or unknown, with respect to the matters alleged in the <br /> Urban Habitat Litigation and the General Plan/CEQA Litigation. <br /> Plaintiffs shall not encourage or assist any other person or entity to do so. <br /> 10.6 This Settlement Agreement shall not extend to any claim or cause of <br /> action arising from any transaction or occurrence subsequent to the Date <br /> of Approval, including without limitation any claim that Plaintiffs or <br /> Intervenor may assert in connection with the City's new Housing Element <br /> update or the City's Climate Action Plan prepared pursuant to Section 8 of <br /> this Agreement. <br /> 11. CITY PERMITTING AUTHORITY <br /> 11.1 Effective on the Date of Approval, all restrictions on the City's non- <br /> residential permitting authority imposed by the Court's March 12, 2010 <br /> Order shall be lifted, and the City's full permitting authority shall be <br /> restored completely and without limitation or restriction of any kind. The <br /> City's rights under this paragraph shall be and are automatic and self - <br /> effectuating, and shall not require any additional approval by Plaintiffs, <br /> Intervenor and/or the Court. <br /> 12. JUDGMENT AND ENFORCEMENT <br /> Settlement Agreement and Covenant Not to Sue - Page 10 of 15 2506199.1 <br />
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