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STATEMENT OF <br /> AND RET.~.~SE <br /> <br /> This Statement of Settlement and Release is made this <br /> <br /> day of , 1992, by and between plaintiffs DONAT~ <br /> <br /> PEDERSON, MELISSA PEDERSON, CHA~S SUER and JOAN SUER <br /> ("plaintiffs") and defendant CITY OF P~SANTON ("City"). <br /> <br /> WHEREAS, there is no pending in the Superior Court of Alameda <br /> County the matter of Donald Pederson, et al v. City of Pleasanton, <br /> Case No. V-001947-7, which action, among other things, seeks <br /> declaratory and injunctive relief, and damages against the City <br /> <br /> arising out of the City's adoption of Resolution ~Nos. <br /> <br /> 90- and 90- , in August 1990; and <br /> <br /> WHEREAS, City denies any wrongful conduct in taking the <br /> <br /> actions it did; and <br /> <br /> WHEREAS, the parties desire to resolve all disputes; and <br /> <br /> WHEREAS, this settlement is of disputed claims and is not, in <br />'any way, an admission of any liability, fault or wrongdoing on the <br /> <br /> part of the City; <br /> <br /> NOW, THEREFORE, IT IS HEREBY AGREED, WARRANTED AND REPRESENTED <br /> as a matter of settlement and compromise of the above-mentioned <br /> matters as follows: <br /> <br /> 1. Plaintiffs and City shall sign the attached Agreement(s) <br /> Concerning Regrading and Construction. <br /> <br /> 2. Plaintiffs on behalf of themselves, their heirs, <br /> executors, administrators, successors and assigns, hereby release <br /> and forever discharge City and each of ':'its Councilmembers, <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 /> <br /> <br />