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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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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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12.1 This Settlement Agreement shall be incorporated into a Judgment of the <br /> Court, in the form attached as Exhibit E, and shall be enforceable <br /> pursuant to Code of Civil Procedure Section 664.6. <br /> 12.2 The Court shall retain continuing jurisdiction to effectuate the provisions <br /> of the Settlement Agreement and Judgment until such time as the Parties <br /> have completely performed all the terms of the Agreement. <br /> 12.3 In the event that any Party believes that another Party is in breach of any <br /> of the terms set forth in this Settlement Agreement, that Party asserting a <br /> breach shall give written notice to the other Party of the breach and the <br /> Parties shall meet and confer within fourteen (14) business days of such <br /> notice before any party seeks judicial enforcement. <br /> 12.4 Nothing shall preclude Plaintiffs or Intervenor from seeking the <br /> imposition of permitting restrictions or other enforcement remedies if <br /> judicial enforcement of any provision of this Settlement Agreement is <br /> required. <br /> 13. ATTORNEYS' FEES AND LITIGATION COSTS <br /> 13.1 The City shall pay Public Advocates, Inc., on behalf of Plaintiffs and <br /> Plaintiffs co- counsel, the sum of One Million Nine Hundred and Ninety <br /> Thousand Dollars ($1,990,000.00) in full settlement of Plaintiffs' <br /> attorneys' fees and costs for prosecuting the Urban Habitat Litigation <br /> through the Date of Approval of this Settlement Agreement. Payment of <br /> this settlement amount shall be made in two equal payments, as follows: <br /> 13.1.1 The City shall make payment of one -half of the settlement <br /> amount, namely, Nine Hundred and Ninety -Five Thousand <br /> Dollars ($995,000.00), within thirty days of the Date of <br /> Approval. <br /> 13.1.2 The City shall make payment of one -half of the settlement <br /> amount, namely, Nine Hundred and Ninety -Five Thousand <br /> Dollars ($995,000.00), no later than July 31, 2011. <br /> 13.2 Intervenor shall not seek any recovery of attorneys' fees in connection <br /> with the Urban Habitat Litigation or General P1an/CEQA Litigation. <br /> 13.3 Except as expressly set forth herein, Plaintiffs, Intervenor and their <br /> attorneys shall have no other claim or right to, and hereby waive and <br /> release the City from, any and all other or additional consideration or <br /> payment of any kind in connection with or arising from the Urban Habitat <br /> Litigation and the General Plan/CEQA Litigation arising prior to the Date <br /> of Approval. If Plaintiffs, Intervenor or their attorneys, or any other <br /> person or entity acting on their behalf, makes any claim or assertion for <br /> additional or other attorneys fees or compensation of any kind arising <br /> Settlement Agreement and Covenant Not to Sue - Page 11 of 15 2506199.1 <br />
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