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inconsistent or in conflict with the terms of this Agreement. In <br /> connection with K&L and Safeway ' s acquisition from Navarra <br /> Properties of the Discharge Rights and the Property, the City, <br /> K&L and Safeway agree that: (i) a minor subdivision or lot split <br /> must be effected in accordance with the City ' s applicable <br /> ordinances and procedures to create the Property as a separate <br /> legal parcel ; (ii) an instrument in a form reasonably <br /> satisfactory to the City shall be recorded against the title to <br /> the Property and the retained portion of the Parcel in connection <br /> with such subdivision or lot split which sets forth: (A) a <br /> specific description of the amount and characteristics of sewage <br /> discharge rights retained by Navarra Properties for the benefit <br /> of the owners and users of that portion of the Parcel reserved by <br /> Navarra Properties, (B) a specific description of the Discharge <br /> Rights allocated to and reserved for the benefit of the owners <br /> and users of the Property and subject to the assignment <br /> provisions hereof, (C) provisions by which _';e holder of any <br /> mortgage or deed of trust encumbering the P_- cel consents to the <br /> partition of the Parcel and the allocation of discharge rights <br /> set forth in such instrument, (D) provisions by which the owners <br /> of the retained portion of the Parcel and the Property (and their <br /> successors in interest) defend, release and hold the City and its <br /> elected officials, officers, agents and employees harmless from <br /> any liability or damage arising from or related to the allocation <br /> of the discharge rights between the retained portion of the <br /> Parcel and the Property which may be asserted by any future owner <br /> of the retained portion of the Parcel or the Property, and (E) <br /> the allocation of the discharge rights capital charge due the <br /> City from the owners of the Property and the retained portion of <br /> the Parcel; and (iii) the Discharge Rights ' characteristics of <br /> waste strength (total suspended solids and Biochemical Oxygen <br /> Demand ) shall not be separately assigned or transferred by K&L <br /> or Safa.way except on a pro rata basis in connection with an <br /> assignment or transfer in accordance with the provisions of this <br /> Agreement of all or a portion the right to discharge up to three <br /> hundred nineteen thousand (319 , 00o) gallons of wastewater per day <br /> into the City' s municipal sewage treatment system. <br /> f. Notwithstanding the above, K&L and Safeway (or their successors <br /> and assigns of the Property or the Assignment Property) may <br /> separately transfer and assign disproportionate characteristics <br /> of waste strength (i. e. , the right to discharge a higher volume <br /> of total suspended solids or place a greater maximum Biochemical <br /> E Oxygen Demands per gallon of wastewater on an average basis) only <br /> to an owner or user of all or a portion of the Property or the <br /> Assignment Property. <br /> (b) Confirmation ; Payment. The City acknowledges and <br /> confirms that the Discharge Rights .are of the quantity and <br /> include the characteristics of waste strength described in <br /> Recital A above. K&L shall pay a capital charge equal to One <br /> Thousand Seven Hundred Ninety-Eight Dollars ($1, 798) per month <br /> and Safeway shall pay a capital charge equal to Six Hundred <br /> sb\mhw\watersup.agr 3 <br />