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(e) Emergency supply. In the event of. any scheduled <br /> or unscheduled maintenance of the Delta-Mendota Canal, or any <br /> natural disaster, vandalism or other action or event which causes <br /> a complete interruption in water supply delivery services through <br /> the Delta-Mendota Canal (collectively an "Emergency") , the City <br /> shall, subject to the conditions set forth below, provide a water <br /> supply to and for the benefit of the owners and users of the <br /> Assignment Property from the City' s alternative sources of water <br /> supply. The City's agreement to <br /> provide the <br /> Assignment Property in the event ofanEmergency shall ybeasubject <br /> to the following. conditions: (i) such supply shall be furnished <br /> to the Assignment Property for a maximum period of ninety (90) <br /> days, (ii) following such Emergency and resumption of water <br /> supply deliveries through the Delta Mendota Canal, K&L and <br /> Safeway (or their successors and assigns) shall promptly deliver <br /> to the City the amount of water supplied to the Assignment <br /> Property during the interruption of services resulting from the <br /> Emergency, (iii) water supply restrictions and mandatory <br /> rationing provisions shall not be in effect in the City at the <br /> time of the Emergency which cause the City to reasonably <br /> determine that delivery of a water supply to the Assignment <br /> Property would be detrimental to the health, safety and welfare <br /> of the citizens of the City, and, (iv) K&L and Safeway (and their <br /> successors and assigns) shall pay all costs incurred by the City <br /> in connection with delivery of the emergency water supply <br /> described above. <br /> 6. S ecifications. The parties have agreed upon certain <br /> Plans and specifications applicable to the construction of the <br /> Corral Hollow Line, the Schulte Road portion of the Hansen Line <br /> and the Water Service Line. Such plans and specifications are <br /> set forth on Exhibit D attached hereto. <br /> 7. Additional Developer Covenants. <br /> (a) I_n-Lieu Fees. In consideration of the City's <br /> execution of this Agreement and the continuing supply of water <br /> and sewer services as provided herein, K&L shall annually pay an <br /> i amount equal to Forty-One Thousand Two Hundred Ninety . Dollars <br /> ($41, 290) and Safeway shall annually -pay an amount equal to <br /> Fifty-Eight Thousand Seven Hundred Ten Dollars ($58 , 710) to the <br /> City, as a payment in lieu of taxes for City services provided to <br /> the Assignment Property. Such amount shall be adjusted annually <br /> on the anniversary of the Effective Date of this Agreement to <br /> reflect the percentage change in the Consumer Price Index for All <br /> Urban Consumers, San Francisco--Oakland-San Jose (1982-84 = 100) <br /> published by the United States Department of Labor or the <br /> replacement thereof. Upon issuance of a building permit for a <br /> Project located on that portion of the Assignment Property to the <br /> west of Patterson Pass Road, the K&L portion of such fee shall be <br /> increased by Twenty Five Thousand Dollars <br /> increased fee also subject to the annual adjustment, <br /> settforthh <br /> sb\mhw\watersup.agr 12 <br />