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WATER SUPPLY AND <br /> SEWAGE SERVICES AGREEMENT <br /> This Water Supply and ,ewage Services Agreement (this <br /> "Agreement") is made and en-ered into effective as of the full <br /> execution of this Agreement (the "Effective Date") , as evidenced <br /> by the latest date set forth next to the signatures below, by and <br /> among King & Lyons - Tracy Industrial, a California limited <br /> partnership ("K&L") (on behalf of itself and as agent for its <br /> affiliates, Tracy Industrial Partners and Bay Cities Truck Stop) , <br /> Safeway Inc. , a Delaware corporation ( "Safeway") and the city of <br /> Tracy (the "City") . <br /> RECITALS <br /> This Agreement is entered into on the basis of the following <br /> facts and mutual understandings : <br /> A. K&L and Safeway are the owners of, or hold the right to <br /> purchase, that certain unimproved parcel of real property (the <br /> "Property") comprised of approximately six (6) acres and located <br /> on West Valpico Road, Tracy, California, as more particularly <br /> described on Exhibit A attached hereto. The Property was a part <br /> of an approximately twenty (20) acre parcel (the "Parcel") which <br /> is improved with an industrial facility. Three hundred ninety <br /> thousand (390, 000) gallons per day of sewage discharge rights <br /> were allocated to and reserved for the benefit of the owners of <br /> the Parcel . K&L and Safeway hold the Property for investment or <br /> development in accordance with the industrial zoning applicable <br /> to the Property. In connection with the acquisition of the <br /> Property, K&L and Safeway have acquired or shall acquire from the <br /> seller of the Property ownership of certain sewage discharge <br /> rights (the "Discharge Rights") which consist of the right to <br /> discharge three hundred nineteen thousand (319 , 000) gallons of <br /> wastewater per day into the City ' s municipal sewage treatment <br /> system with a maximum waste strength equal to three thousand <br /> sixty-seven (3 , 067) lbs . /day of total suspended solids and three <br /> thousand one hundred eight (3 , 108) lbs . /day of Biochemical Oxygen <br /> Demand . The Discharge Rights shall be allocated to and reserved <br /> for the benefit of the owners of the Property by recordation of <br /> the instrument described in Paragraph 1 (a) below and shall be <br /> subject to the terms and conditions of this Agreement. <br /> S. K&L and Safeway desire to use the Discharge Rights and <br /> to obtain from the City water treatment and delivery services for <br /> the Property and the Assignment Property (as defined in Paragraph <br /> 2 (b) below) . The City desires to provide such services on the <br /> terms and conditions set forth in this Agreement. <br /> sb\mhw\wateraup.agr 1 <br />