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Annex A to we Fargo Bank, N.A. <br /> Letter of Credit No . <br /> CERTIFICATE <br /> I , (insert name) am the duly <br /> authorized officer of the City of Tracy, California ( "City") , the <br /> beneficiary of Wells Fargo Bark, N.A. Irrevocable Letter of <br /> Credit No. (the "Credit") . I certify on City ' s <br /> behalf as follows: <br /> ?. City has requested in writing that King & Lyons - Tracy <br /> Industrial ("Account Party") , a California limited partnership, <br /> deposit funds in the amount of $ (insert amount not less than <br /> amount of accompanying Draft) with City <br /> as Account Party' s share of costs pursuant to Section 4 of that <br /> certain water Supply and Sewage Services Agreement dated (insert <br /> date.) , 1991 - (the "Agreement") among City, <br /> Account Party and Safeway, inc. , a Delaware Corporation. <br /> 2 . Fifteen (15) days have elapsed since City ' s written <br /> notice, and Account Party has failed to deposit the required <br /> amount; <br /> 3 . City intends to award the contract for construction of <br /> the Hansen Line or the Alternative Means, as defined in the <br /> Agreement, within fifteen ( 15) days of this draw; and <br /> 4 . Accordingly, $ ( insert amount of accompanying <br /> Draft) is now due and payable from <br /> Account Party to City pursuant to the Agreement. <br /> Capitalized terms used herein which are defined in the <br /> Credit and not otherwise defined herein have the meanings <br /> ascribed to them in the Credit. The accompanying Draft and this <br /> Certificate conform to all requirements of the Credit. <br /> Dated: ( insert date) <br /> CITY OF TRACY, CALIFORNIA <br /> By: (insert signature) <br /> Authorized Officer <br />