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i <br /> C. The City' s wastewater treatment plant (the "Plant") <br /> currently has a full capacity of approximately nine million <br /> i (9, 000, 000) gallons per day. All of such capacity is currently <br /> either utilized or allocated to and reserved for the benefit of <br /> various parties and properties in accordance with the City's <br /> applicable ordinances and procedures. The Discharge Rights <br /> purchased from a private party by K&L and Safeway and allocated <br /> to the Property as described above are a portion of such reserved <br /> capacity. <br /> D. . Despite the fact that the full capacity of the Plant is <br /> either utilized or allocated to approved projects or property <br /> within the City limits, the City intends to permit K&L and <br /> Safeway to reserve the use of the Discharge Rights in accordance <br /> with the terms of this Agreement. The City acknowledges such use <br /> may be for the benefit of the owners and users of the Assignment <br /> Property, which property is located outside of the current City <br /> limits. At the time of execution of this Agreement, the parties <br /> contemplate that the City may annex the Assignment Property and <br /> have, accordingly, entered into that certain Agreement to Annex <br /> to the City of Tracy (the "Annexation Agreement") on or about the <br /> Effective Date of this Agreement. In connection with the <br /> transfer of ownership and control of the Discharge Rights from a <br /> Private third party to K&L and Safeway, the City has determined <br /> to permit the reservation and use of the Discharge Rights for the <br /> benefit of the owners and users of the Property and the <br /> Assignment Property, despite the limitations upon the capacity of <br /> the. Plant and possible detriment to residents of the City, <br /> because the City' has found the development projects proposed by <br /> K&L and Safeway for such properties: (1) shall be in the best <br /> interests of the City and its residents, <br /> and diversity of the City' s economy, (3) create oemploymentmote the rowth <br /> Opportunities for the residents of the City, (4) assist in <br /> addressing the jobs/housing imbalance existing in the City and <br /> its environs, and (5) assist in attainingair <br /> developing employment opportunities in cose proximityuality gtols by <br /> residential areas of the City. <br /> AGREEMENT <br /> NOW, THEREFORE, K&L,. Safeway and the City hereby agree as <br /> follows: <br /> 1- Consent to Transfer , Confirmation of Ca acit Re uired <br /> Pa ments. <br /> (a) Consent; Ac uisition and Transfer Procedures. The <br /> .City hereby consents to the allocation of the Discharge Rights by <br /> Navarra Properties, a California general partnership, to the <br /> Property in accordance with the terms of an agreement by and <br /> among Navarra Properties, K&L and Safeway. K&L and Safeway <br /> represent to the City that the terms of such agreement are not <br /> sb\mbw\watersup.agr 2 <br />