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F. On June 16, 1994, the Court issued its Ruling on the Lawsuit, upholding the Petitioners' claims in part and denying them in part. G. On July 18, 1994, the Court issued a Judgment and Peremptory Writ of Mandate ordering the County to set aside its certification of the EIR and the 1992 Approvals; on July 30, 1994, the Court issued an Amended Peremptory Writ of Mandate correcting errors contained in the original Peremptory Writ. H. On September 19, 1994, Pleasanton and the other remaining petitioners filed a notice of appeal. The County, Shapell and Windemere subsequently filed cross appeals. I. Pleasanton has reviewed the Danville Settlement Agreement, a draft Development Agreement, dated May 24, 1994, between the County and Shapell (the "Shapell Development Agreement a draft Development Agreement, dated March 10, 1994, between the County and Windemere (the "Windemere Development Agreement draft Ordinances rezoning land in the San Ramon Area from Agricultural District to Planned Unit District (P -1) ["2992 RZ and 2993 -RZ draft Preliminary Development Plans in connection with said Ordinances "PDP and draft Conditions of Approval for 2992 -RZ and 2993 -RZ "Conditions of Approval J. The parties hereto desire to resolve the Lawsuit without prosecuting the appeals to their conclusion. Agreement In consideration of the terms and conditions of this Agreement, the parties hereto agree as follows: 1. Mitigation of Traffic Impacts Windemere and Shapell shall pay to Pleasanton $150 for each residential unit in the Project other than for the 1216 units in the Country Club at Gale Ranch portion of the Project. The purpose of this payment is to mitigate the impacts on Pleasanton which the Project's traffic is likely to cause. This amount will be collected from Windemere or Shapell by the County at the time the County issues a building permit for each unit if the unit is then in the unincorporated area of the County. To ensure that the amount per unit continues to be collected if an area of the Project is annexed to a city, (a) County, Windemere and Shapell shall include this obligation to collect this amount as a part of any development agreement into which the County enters with Windemere and Shapell; (b) County shall request that the Contra Costa County Local Agency Formation Commission impose this obligation as a condition of annexation of the Project area, or any part thereof; and (c) Windemere and Shapell shall include this obligation as part of any preannexation or annexation agreement into which it enters with an annexing city. If the 2