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Annex B To WS. Fargo Bank, N.A. <br /> Letter of Credit No. <br /> CERTIFICATE <br /> 1 , (ins2r, name) am the duly <br /> authorized officer of the C_oy of Tracy, California ( "City") , the <br /> beneficiary of Wells Fargo Bank, N.A. irrevocable Letter of <br /> Credit No. (the "Credit" ) . I certify on City ' s <br /> behalf as follows : <br /> I. Less than thirty (30) days remain before the expiration <br /> date of the Credit and King & Lyons - Tracy Industrial ("Account <br /> Party") , a California limited partnership, has not provided a <br /> replacement letter of credit on substantially the same terms as <br /> those contained in the Credit. <br /> 2 . The expiration date of the Credit is not the seventh <br /> anniversary of the date of the Credit; and <br /> 3 . Accordingly, $ (insert amount of accompanying <br /> Draft) is now due and payable from <br /> Account Party pursuant to nhe nater Supply and Sewage Service <br /> Agreement, dated (insert date_) , 1991 among <br /> City, Account Party and Safeway Inc. , a Delaware corporation. <br /> Capitalized terms used herein which are defined in the <br /> Credit and not otherwise defined herein have the meanings <br /> ascribed to them in the Credit. The accompanying Draft and t`:_s <br /> Certificate conform to all requirements of the Credit. <br /> Dated: (insert date) <br /> CITY Or TRACY, CALIFORNIA <br /> By: (insert signature) <br /> Authorized Officer <br /> t <br />