SU0000731 - Laserfiche WebLink

Home Browse Search

funds until completion of such construction and refund any remaining balance upon such completion) . (e) Reimbursement. Upon completion and acceptance of the Hansen Line and annexation of the Assignment Property, the City shall initiate and conclude appropriate proceedings for the formation of a benefit district in accordance with applicable law in order to reimburse K&L and Safeway for that portion of the K&L/Safeway Share which exceeds the share of such costs payable by K&L and Safeway based upon their pro rata use of the Hansen Line. The parties acknowledge and agree that, unless there is an increase in the Discharge Rights allocated to the Assignment s Property above the amount contemplated at the Effective Date, the share of the costs of the Hansen Line which should be ultimately borne by K&L and Safeway based upon their use of the Hansen Line is set forth on Exhibit D attached hereto. The engineering estimate of the costs to construct the Hansen Line is also set forth on Exhibit D. No increase in the estimated or actual cost to construct the Hansen Line over such amount, however, shall _ have any effect upon the parties ' rights and obligations set forth herein. In the event that the City determines to provide any Sewage Services through the Hansen Line or the Alternative Means to owners of property which is not located within the City limits , the City, in lieu of establishing a benefit district in order to effect reimbursement to K&L and Safeway, shall charge a sewer connection fee to such user and reimburse K&L and Safeway a portion of the K&L/Safeway Share based on the share of such user ' s projected use of Sewage Services via the Hansen Line or the Alternative Means in proportion to the capacity of the Hansen Line as set forth on Exhibit D or of the Alternative Means . All funds available for reimbursement in connection with the Hansen Line or the Alternative Means shall be paid to K&L and Safeway in amounts corresponding to the K&L Percentage and the Safeway Percentage, respectively, at such time as the City receives such funds. 5 . Water Supply Services. (a) Provision of Services. Subject to supply limitations of the Central Valley Water Project, K&L and Safeway may be entitled to receive from the Plain view Water District (the "District") a water supply allocation for the benefit of the Assignment Property. K&L and Safeway must apply to the District for delivery of all or a portion of each party' s maximum allocation by March I and July 1 of each fiscal year of the District. K&L and Safeway (and their successors and assigns) shall : (i) advise the City of the amount of water (collectively, the "Developer ' s Water") which such parties have requested and are entitled to receive from the District promptly following application for such amount to the District, and (ii_) provide the City with the District ' s verification of such amount in a form reasonably acceptable to the City. The City shall thereafter, to sb\mhw\watersup.agr 9