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<br />, <br />( <br /> <br />3. CITY shall enclose the detention ponds with a fence with a locked gate in order to <br />keep animals and unauthorized persons from having access to the ponds. <br /> <br />4. Owner on behalf of itself and its successors and assigns hereby release and <br />forever discharge CITY, its Councilmembers, officers, agents, and employees, and each of them <br />separately and collectively, from any and all claims, liens, demands, causes of action; <br />obligations, damages and liabilities, litigation costs, expenses and attorneys' fees known or <br />unknown, that it ever had, now has or may hereafter claim to have against CITY arising directly <br />or indirectly out of, or in any way connected with or based upon, or related in any way to the <br />matters contained in the Agreement and the CITY's temporary use of 36,350 square feet of <br />OWNER's property as set forth in Recital D, except as follows: On a portion of OWNER's <br />property ("the additional topsoil area") located adjacent to and east of the culvert crossing on <br />Westbridge Lane, CITY shall deposit and spread an additional six inches of topsoil (totaling <br />approximately 100 cubic yards). The additional topsoil area runs parallel to the property line <br />fence that separates the OWNER's property from CITY's property and the width and length of <br />the additional topsoil area are 16 and 350 feet, respectively. Except for the work to be performed <br />in the additional topsoil area, OWNER waives all rights under Civil Code, ~ 1542, which section <br />provides as follows: <br /> <br />"A release does not extend to claims which the creditor does not know <br />or suspect to exist in his favor at the time of executing the release, which if <br />known by him must have materially affected is settlement with the debtor." <br /> <br />5. OWNER warrants that no promise, inducement or agreement not expressed <br />herein has been made to it in connection with this Settlement Agreement and that this Settlement <br />Agreement constitutes the entire agreement between it and CITY. OWNER acknowledges and <br />agrees that it has been represented by the attorney of its choice with respect to the matter which <br />is the subject of this Settlement Agreement and its attorney has discussed this Settlement <br />Agreement with it and has fully advised it with respect to the rights and obligations it assumes by <br />executing this document. <br /> <br />IN WITNESS WHEREOF, the parties have executed this Settlement Agreement effective <br />as of the date written above. <br /> <br />A VS RANCH LLC <br /> <br />$u <br /> <br /> <br />By: Alex V. Spot <br /> <br />CITY OF PLEASANTON <br /> <br />Nelson Fialho, City Manager <br /> <br />2 <br />