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~" OI'~~ICE Ot`'PH~'I'OWN CLERK <br />MGR ~f , ~J~' 1 '`7~ <br />IHI-I <br />GENERAL RELEASE oRD <br />REC <br />In consideration of the promises made by the TOWN OF LOS GATOS~ ~~ribed herein, the ~~/ ~5 <br />undersigns WILLIAM F. HIRSCHMAN .and ELIZABETH K. DO'DS (coITectiv-may,-t"T e-`~"" <br />"Undersigns") hereby forever releases, waives and discharges the TOWN OF LOS GATOS, its <br />officers, employees, agents, successors and assigns ("Town"), :and all other persons and entities, of <br />and from any and all claims, demands, actions., causes of action, known or unknown, suspected or <br />unsuspected, relating in any mariner whatsoever to or arising from the dispute described as fo{lows: <br />On April 5, 1999., the Town Council adopted Ordinance No. 2060 approving a PD <br />(Planned Development) zoning for the property located at 1:5089 Los Gatos <br />Boulevard. Ordinance No. 2D60 allows construction of two buildings. The north <br />building would have three. floors with the second floor at ground level. The south <br />building has a single floor. The development as proposed and ultimately approved <br />was designed to accommodate a mix of both retail and office uses consistent with the <br />then Town General Plan .and the Los Gatos Boulevard Plan. Ordinance No. 2060 <br />states in subsection 4 of section II that "uses permitted are those specified in the CI I <br />(Restricted Highway Commercial) zone." Section V of the Ordinance includes <br />within the "Official Development Plan" the eight sheets of development plans <br />submitted by the applicant (Exhibit B to the Ordinance), including sheet 2, detailed <br />floor plans of each proposed building showing retail uses located at the Los Gatos <br />Boulevard frontage of the .ground level floors of each proposed structure. <br />The Undersigns entered into a lease agreement dated January 5, 2001 under which <br />they agreed to lease the northbuilding for "administrative office and testing" uses for <br />a period of seven (7) years, with a option granted to the .lessee to extend the .lease an <br />additional five (S) years thereafter ("Lease"). On January 3'0, 200 t, Town staff <br />erroneously approved tenant improvements for the north btrildirlg that are <br />inconsistent with sheet 2 of Exhibit B of the Ordinance in that the improvements <br />would only accommodate office uses on the second floor, ratherthan a mix of office <br />and retail uses. The total value of tenant improvements on all three floors of the <br />north building was estimated at $578,667;00. <br />The Undersigns believe that Ordinance No. 206.0 was intended to approve any arse <br />allowed in the CH zone without specifying which use would go into any ~~iven <br />location. However, on March 19, 2001, the Town Council of Town determined that <br />Ordinance No. 2060 requires that retai and office uses be distributed iii the north and <br />south buildings in a manner consistent with sheet 2 of Exhibit B of the Ordinance. <br />A consequence of Town's interpretation of Ordinance No. 2060 is that a part of the <br />use specified in the Lease shall be inconsistent with the requirement for retail uses <br />in certain designated areas of the north building. <br />The Undersigns further agree to the special considerations which fo low: <br />Page l of <br />