Laserfiche WebLink
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 />