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Resolution No. 89-178 <br />Page Two <br /> <br /> 2. Will incorporate these height and other <br /> restrictions into.the Conditions of Approval <br /> for the subdivision; and <br /> <br /> 3. Will provide that no party shall be entitled <br /> to recover damages from the other party and <br /> that each party is to bear its own attorneys' <br /> fees and costs in connection with this matter; <br /> and <br /> <br /> 4. Will continue to provide that certain owners <br /> of the lots to the west of the subdivision are <br /> third party beneficiaries as to the height <br /> limitation and, as such, are entitled to <br /> enforce the provisions thereof. <br /> <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON <br />RESOLVES AS FOLLOWS: <br /> <br />Section 1: The appropriate City officials are authorized and <br /> directed to execute and deliver all settlement <br /> documents and other papers, in a form approved by <br /> the City Attorney, necessary to consummate this <br /> settlement on the terms expressed herein, subject <br /> to the condition precedent described in Section 2 <br /> below. <br /> <br />Section 2: As a condition precedent to this settlement, <br /> within ten (10) working days of the execution of <br /> the settlement documents by City, all persons or <br /> entities who have either purchased or contracted to <br /> purchase any of the Subject Lots have provided <br /> their written consent to the settlement documents <br /> and have executed a "Declaration Clarifying Height <br /> Restriction." <br /> <br />Section 3: This resolution shall become effective <br /> immediately upon its passage and adoption. <br /> <br /> <br />