DUBLIN SAN RAMON SERVICES DISTRICT SETTLEMENT

ADDENDUM THIS AGREEMENT is an addendum to the Settlement Agree- ment entered into by and between DUBLIN SAN RAMON SERVICES DISTRICT, successor in inrerest to Valley Community Services District (District) and VOLK-McLAIN PROPERTIES, a limited partner- ship, successor in interest to Volk-Mc Lain Communities, Inc. (Volk-McLain). WHEREAS, the District and Volk-McLain on August 10, 1978, will execute an agreement settling litigation entitled, "Valley Community Services District v. Volk-McLain Communities, Inc., et al, and Volk-McLain Properties, cross-complainant v. Valley Community Services District, cross-defendant, " No. 441299 in the Superior Court of the State of California in and for the County of Alameda; and WHEREAS, paragraph six of that settlement agreement states as follows: "6. Contract Obligations Forgiven. Upon receipt of payment aet forth in Section 2 hereinabove, any and all sums due and owing or alleged to be due and owing, or which may become due and owing, under the contract subject to the litigation by District, between District, Volk-McLain Communities, Inc. and/or Volk-McLain Properties, a limited partnership, are hereby for- given, released, waived, extinguished, and shall thereafter be deemed to have been fully and forever discharged, satisfied and paid in full." and WHEREAS, the parties agree that the intent and meaning of that paragraph and the purposes of the settlement encompass the language set forth hereinbelow. NOW, THEREFORE, THE PARTIES HERETO AGREE THAT: