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SU0000731
Environmental Health - Public
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EHD Program Facility Records by Street Name
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SCHULTE
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17880
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2600 - Land Use Program
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MS-94-45
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SU0000731
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Last modified
5/7/2020 11:27:59 AM
Creation date
9/9/2019 10:10:57 AM
Metadata
Fields
Template:
EHD - Public
ProgramCode
2600 - Land Use Program
RECORD_ID
SU0000731
PE
2622
FACILITY_NAME
MS-94-45
STREET_NUMBER
17880
Direction
W
STREET_NAME
SCHULTE
STREET_TYPE
RD
City
TRACY
Zip
95376
ENTERED_DATE
10/4/2001 12:00:00 AM
SITE_LOCATION
17880 W SCHULTE RD
QC Status
Approved
Scanner
SJGOV\rtan
Supplemental fields
FilePath
\MIGRATIONS\S\SCHULTE\17880\MS-94-45\SU0000731\APPL.PDF \MIGRATIONS\S\SCHULTE\17880\MS-94-45\SU0000731\CDD OK.PDF \MIGRATIONS\S\SCHULTE\17880\MS-94-45\SU0000731\EH COND.PDF
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EHD - Public
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U <br /> /Ninety Dollars ($690) per month in order for each party to <br /> reserve its right to use the Discharge Rights in accordance with <br /> this Agreement, and any default by K&L or Safeway in the payment <br /> Of monthly fees and charges after performance of the construction <br /> and capital improvement funding obligations set forth herein <br /> shall not affect the rights of the other under this Agreement. <br /> Upon such payment and the performance by K&L and Safeway of their <br /> obligations hereunder, the City shall reserve use of the <br /> Discharge Rights for the benefit of K&L and Safeway as provided <br /> herein. <br /> 2 . Provision of .Sewage, Services . <br /> (a) Service. The City shall accept wastewater and <br /> provide treatment and disposal services (the "Sewage Services") , <br /> up to the full amount and strength of the Discharge Rights, to <br /> K&L and Safeway, and their assignees and successors in interest <br /> to the Property and the Assignment Property, Notwithstanding the <br /> above, nothing in this Agreement shall require the City to accept <br /> wastewater prior to K&L and Safeway ' s performance of their <br /> construction and capital improvement funding obligations set <br /> forth in this Agreement or to accept wastewater with <br /> characteristics or qualities which do not meet wastewater <br /> standards of general application established by any local, <br /> regional, state or federal agency with jurisdiction. The Sewage <br /> Services for the Assignment Property shall be provided by the <br /> City via the Corral Hollow Line (as defined in Paragraph 3 <br /> below) , subject to the limitations imposed by the capacity of <br /> such line as constructed by K&L and Safeway or the amount of <br /> Discharge Rights held by K&L and Safeway, whichever is less. In <br /> the event that: (i) the City constructs and operates the Hansen <br /> Line (as defined in Paragraph 4 below) , the Sewage Services for <br /> the Assignment Property shall be provided via the Hansen Line, or <br /> (ii) the City does not construct the Hansen Line, and the <br /> capacity of the main sewer trunk line to which the Corral Hollow <br /> Line shall be connected is required by the owners or users of <br /> properties for which such main sewer trunk line was originally <br /> designed and installed, then the City shall provide the Sewage <br /> Services for the Assignment Property via an alternative means <br /> (the "Alternative Means") , the location and specifications of <br /> which have not been finalized as of the Effective Date. The <br /> City, K&L and Safeway agree that the following conditions shall <br /> apply in the event the City provides Sewage Services via the <br /> Alternative Means: (A) the City shall design and construct the <br /> Alternative Means, (B) there shall be no interruption in the <br /> provision of Sewage Services by the City as a result of the <br /> transition to the Alternative Means, and (C) K&L and Safeway <br /> shall contribute all of the costs to design and construct the <br /> Alternative Means, provided that such contribution shall in no <br /> event exceed Four Million Dollars ($4 , 000, 000) less the Credit <br /> (as such term is defined in Paragraph 4 (c) below) . In the event <br /> the Alternative Means become necessary at such time as the <br /> sh\mhw\watersup.agr 4 <br />
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