DUBLIN SAN RAMON SERVICES PHASE OUT

pating, have reached a proposed settlement to that litigation; and WHEREAS, the DISTRICT and CITY have tentatively agreed to execute an agreement to provide for contribution by the CITY to the cost of settlement as a part of the phaseout and consolidation Agreement. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: Section 1. The agreement between the CITY and DISTRICT of May 30, 1978 (Agreement) shall be amended by adding the following section: "SECTION 23. VOLK McLAIN- DISTRICT SETTLEMENT. PAR- TICIPATION OF CITY. (a) CITY agrees to pay to the DISTRICT the sum of $450,000, that sum being equal to 1/2 the cost of the settlement between the DISTRICT and Volk- McLain. (b) Upon receipt of the payment of said $450,000 from CITY, DISTRICT shall promptly execute the attached settlement agreement between the DISTRICT and Volk- McLain. (c) DISTRICT agrees that the CITY shall not be respon- sible in any way for any additional costs, expense, or charges due to any contractual agreement past or present between the DISTRICT and Volk- McLain with regard to connections to the DISTRICT's sewer treatment plant. (d) DISTRICT and CITY declare that the payment made pursuant to this section is additional and essen- tial consideration to the Agreement, in that without such consideration there could be no certainty as to future costs for connections at the DISTRICT's plant and without this amendment the Agreement would have been voided by one or both parties. (e) DISTRICT agrees to include in its settlement agreement with Volk McLain at paragraph relating to Contract Obligations Forgiven, the following, or substantially similar, additional language: "Said release applies to all future connec- tions to the District's plant from individ- uals or other public agencies, in particular -2-