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NOW, THEREFORE, IT IS HEREBY AGREED, WARRANTED AND <br /> REPRESENTED as a matter of settlement and compromise of the <br /> above-mentioned matters as follows: <br /> <br /> 1. City shall pay to plaintiffs the sum of $25,000. <br /> <br /> 2. Based on the City's visual inspection of the project <br /> site, City represents that the improvements and tenant <br /> improvements are consistent with Measure X, as modified by the <br /> City,'and as modified during construction. <br /> <br /> 3. In the event that plaintiffs subsequently desire to <br /> locate a bank or similar financial institution at the project <br /> site, City shall process a conditional use permit for such use, <br /> notwithstanding the provisions of Pleasanton City Council <br /> Resolution 87-541. In the event such conditional use permit is <br /> granted, plaintiffs shall, as a condition of approval, refund to <br /> the city the $25,000' referenced in paragraph 1 of this Agreement. <br /> No building permit for tenant improvements, if any, and/or no <br /> certificate of occupancy shall be granted'for this use until the <br /> $25,000 is paid in full. <br /> <br /> 4. Plaintiffs on behalf of themselves, their heirs, <br />executors, administrators, successors and assigns, hereby release <br />and forever discharge City and each of its Coun¢ilmembers, <br />managers, officers, agents, employees, attorneys, servants, <br />consultants, affiliates, successors and assigns, and each of them <br />separately and collectively, from any and all claims, liens, <br />demands, causes of action, obligations, damages and liabilities, <br />litigation costs, expenses and attorneys' fees known or unknown, <br />that they ever had, now have or may hereafter claim to have <br />against the City arising directly or indirectly out of, or in any <br /> <br /> 2 <br /> <br /> <br />