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District restrict delivery and use of the Developer ' s Water to locations within the boundaries of the District. Further, the amount of Developer ' s Water cannot exceed the maximum allocation to K&L and Safeway under each party ' s contract with the District. The City covenants and agrees that no action by the City shall violate such restrictions. (c) Reimbursement. Upon completion and acceptance of the Water Service Line and annexation of the Assignment Property, the City shall initiate and conclude proceedings in accordance with applicable law to form a benefit district for the purpose of reimbursing K&L and Safeway for the share of the costs of constructing the Water Service Line borne by such parties in excess of the share of such costs determined by such parties ' collective use of the Water Service Line. The parties agree that the share of the costs of constructing the Water Service Line which shall ultimately be borne by K&L, Safeway and the owners of the 1-205 Project shall be reasonably determined by the City ' s Director of Public Works after consultation with the parties, and that K&L and Safeway 's use of the Water Service Line shall include the capacity reserved in the Water Service Line to meet K&L and Safeway' s required fire fighting flow and pressure capacity. Notwithstanding anything to the contrary set forth herein, the City shall reimburse K&L and Safeway for the share of the costs of designing and constructing the Water Service Line allocated to the 1-205 Project, which shall be determined by the City ' s Director of Public Works as set forth above, from the proceeds of the assessment bonds issued to pay such costs by or on behalf of the 1-205 Project as soon as such funds are available to the City. In the event that the City determines to provide water treatment and supply services through the Water Service Line to owners of property which is not located within the City limits, the City, in lieu of establishing a benefit district to effect reimbursement to K&L and Safeway, shall, charge a water service connection fee to such user and reimburse K&L and Safeway a portion of the costs of designing and constructing the Water Service Line based on the proportionate share of such new user ' s projected use of water treatment and supply services via the Water Service Lane in proportion to the capacity of the Water Service Line set forth on Exhibit D attached hereto. All funds available for reimbursement in connection with the Water Service Line shall be paid forty-one and twenty-nine hundredths percent (41 . 29%) to K&L and fifty-eight and seventy-one hundredths percent (58 . 71%) to Safeway at such time as the City receives such funds. (d) No Detachment. The City shall not, except upon an application of K&L or Safeway (or their successors and assigns) for such action which is approved by the City, take or support any action to detach any portion of the Assignment Property from the Plain View Water District or any successor thereto. sb\mhw\water9up.agr 11 I