Planning Commission Supplemental Material 09092026

-4- 1310\10\4000039.1 signing this Agreement, agrees and warrants that it has read, understood, and expressly releases and waives the provisions of California Civil Code Section 1542, which reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. 9.Evidence Code Section 1152. The terms of this Agreement, and all communications and drafts related to this Agreement, are subject to Evidence Code section 1152, and shall not be admissible, except in an action to enforce the terms of this Agreement. 10.Further Action. If the City adopts the Proposed Action described in Section 2 of this Agreement (i.e., completes the rezoning process for all three sites at the proposed density) by the Proposed Action Deadline, and subject to the exceptions in section 5 above, HAC will not pursue any litigation (other than any claim for breach or enforcement of this Agreement) against the City in any state or federal court or before any local, state or federal agency, with respect to the City’s 2023-2031 Housing Element. 11.No Precedent. The terms of this Agreement are the product of a compromise and entered into in order to resolve potential litigation. The terms have no precedential value otherwise. 12.No Admission of Liability. Nothing contained herein shall be construed as an admission or acknowledgment of any fact, legal issue, claim or defense on the part of any Party; any such interpretation of this Agreement is hereby expressly disclaimed. 13.Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same Agreement. Signatures provided by facsimile or electronic image shall have the same force and effect as original signatures.