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f <br /> O <br /> on Exhibit C attached hereto. In the event that the City <br /> constructs and operates the Hansen Line, the City shall <br /> thereafter provide Sewage Services to the Assignment Property via <br /> the Hansen Line, without interruption of Sewage Services in <br /> connection with such transition. The Hansen Line shall be <br /> constructed by the City, subject to the funding obligations of <br /> K&L and Safeway set forth below. Upon completion satisfactory to <br /> the City of the Corral Hollow Line, but prior to acceptance <br /> thereof, K&L and Safeway shall deliver to the City an easement, <br /> license agreement or similar interest from the County of San <br /> Joaquin, on terms reasonably acceptable to the City, which shall <br /> permit construction of the Hansen Line as described herein and <br /> acknowledge and agree to the subsequent ownership, control, <br /> maintenance and repair of the Hansen Line by the City, <br /> notwithstanding that. the Hansen Line shall be installed in the <br /> County ' s right of way. <br /> (b) Costs Allocation. The actual cost to construct <br /> the Hansen Line and those portions cf such cost which are <br /> properly allocable to: (i) the owners of the properties subject <br /> to the I-205 Corridor Specific Plan dated February, 1991, which <br /> are located to the west of Corral Hollow Road (the 11I-205 <br /> Project") , (ii) K&L, and (iii) Safeway, shall be reasonably <br /> determined upon completion of the Hansen Line by the City' s <br /> Director of Public Works after consultation with the parties <br /> hereto. <br /> (c) K&L and Safeway Contribution. K&L shall <br /> contribute the K&L Percentage and Safeway shall contribute the <br /> Safeway Percentage of the K&L/Safeway Share (as defined below) of <br /> the fees, charges and costs to construct the Hansen Line. City <br /> fees and charges will be paid as though the Hansen Lane was <br /> located within the City. K&L and Safeway ' s contribution shall be <br /> effected by delivery of letters of credit as described in and in <br /> accordance with the terms of Paragraph 4 (d) below. The <br /> K&L/Safeway Share of all fees, charges and costs applicable to <br /> the Hansen Line shall be Four Million Dollars ($4 , 000, 000) less a <br /> credit (the "Credit") in an amount equal to: (i) the actual costs <br /> incurred by K&L and Safeway to design and construct that portion <br /> of the Hansen Line to be located in Schulte Road, which portion <br /> shall be installed by K&L and Safeway, provided that the credit <br /> for such costs shall not exceed Nine Hundred Thousand Dollars <br /> ($900, 000) , plus (ii) Four Hundred Thousand Dollars ($400, 000) , <br /> which sum K&L and Safeway shall pay to the City within five (5) <br /> business days of the Effective Date to fund engineering and <br /> design work for the Hansen Line. The amount of the Credit for <br /> the portion of the Hansen Line to be installed in Schulte Road <br /> shall be reasonably determined by the City ' s Director of Public <br /> Works after completion thereof and in consultation with the <br /> parties. After the City has collected. the necessary funds to <br /> construct the Hansen Line from K&L, Safeway and the owners of the <br /> I-205 Project, the City shall thereafter withdraw such funds to <br /> sb\mhw\wateraup.agr 7 <br /> 3 <br /> } <br />