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the interests of the Pleasanton community while meeting the housing needs of lower - income families. The City has agreed to satisfy the obligations set forth in this Settlement Agreement. The City has welcomed, and welcomes, the participation of Plaintiffs and Intervenor in all public processes relating thereto. 1.12 In July 2010, the Parties agreed in concept on a tentative settlement. That tentative settlement was memorialized by a Term Sheet and attachments thereto. PlaintitTs and Intervenor approved the Tenn Sheet and attachments on July 14, 2010; the City Council approved the Term Sheet and atachmcnts on July 20, 2010. For purposes of reference, the Tenn Sheet and attachments are attached hereto as Exhibit B. L 13 The Parties desire to fully settle and resolve the merits of the Urban Habitat Litigation and General Plan /CEQA Litigation, without further litigation on the terms set forth herein. 2. DEFINITIONS 2.1 "DATE. OF APPROVAL" means the first date on which all of the parties have executed this Agreement. 2.2 "PLAINTIFFS" means Urban Habitat Program and Sandra De Gregorio. 2.3 "INTERVENOR" means the People of the State of California, ex rel. Edmund G. Brown Jr. Attorney (ienend. 2.4 "DEFE..NDANTS" and "C'ITY" may be used interchangeably herein, and mean the City of Pleasanton and its City Council. 2.5 "URBAN HABITAT LITIGATION" means the action filed by Plaintiffs on or about October 17, 2006 known as Urban Habitat Program, et at V. City o/ Pleasanton, et at, Case No. RG 06 293831, in which the People of the State of California, ex rel. Edmund G. Brown Jr., Attorney General intervened on or about June 24, 2009. 2.6 "GENERAL PLAN" means the City's updated General Plan for the period 2005 -2025, adopted on or about July 21, 2009. 2.7 "GENERAL PLAN/C'EQA LITIGATION" means the action filed by The State of California on or about August 21, 2009 known as People of the State of Cailfornia, ex rel. Edmond G. Brown Jr., Attorney General v. City of Pleasanton, et al., Case No. RG 09 469878. 2.8 "HOUSING CAP" means the City's maximum housing buildout of 29,000 units within its Planning Area, as currently designated in Policy 24 and Programs 24.1, 24.2, and 24.3 of the Land Ilse Element of the General Plan of the City of Pleasanton. Settlement Agreement and Covenant Not to Sue - Page 3 of 15 2506199'