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SETTLEMENT AGREEMENT <br />This Settlement Agreement ("Agreement") has been <br />entered into by and between DUBLIN SAN RAMON SERVICES DISTRICT, <br />a public agency of the State of California, successor in interest <br />to VALLEY COMMUNITY SERVICES DISTRICT, a public agency of the <br />State of California ("District"), and VOLK-McLAIN PROPERTIES, <br />a limited partnership, successor in interest to VOLK-McLAIN <br />COMMUNITIES, INC., a California corporation, ("Volk-McLain"). <br />RECITALS <br />A. District is plaintiff, cross-defendant and respon- <br />dent, Volk-McLain is defendant, cross-complainant and appellant <br />in that certain action entitled, "Valley Community Services <br />District v. Volk-McLain Communities, Inc., et al and Volk-McLain <br />Properties, cross-complainant v. Valley Community Services District, <br />cross-defendant", No. 441299 in the Superior Court of the State <br />of California in and for the County of Alameda. Said litigation <br />arises out of a dispute between the parties as to monies alleged <br />to be owed by District to Volk-McLain under an Agreement dated <br />June 28, 1965 by and between Valley Community Services District <br />and Volk-McLain Communities, Inc. <br />B. Judgment in favor of Valley Community Services <br />District as plaintiff and cross-defendant was entered on October <br />26, 1976, and an appeal from the judgment by Volk-McLain is <br />currently pending in the Court of Appeal of the State of Cali- <br />fornia, First Appellate District, Division Two, No. 1 Civil 42680. <br />~~~ ~~:~~ <br />