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. 6 <br /> of the City to regulate the use of its water system of which the Utiliry described in <br /> Fachibit A shall bceome a part under the terms of this contract. <br /> NOW, THEREFORE, in consideradon of the mutual covenants and <br /> agreements ut forth, the partia agree as follows: <br /> 1. All of the recitals set forth above are adopted by the parties as material <br /> elements and/or findings rdated to this Agreement. <br /> 2. That the Owner may be reimbursed by ownecs of the benefited property <br /> for partions of the cost to the Owner of certain facilides, herein referred to as the <br /> Udlity installed by the Owner when such facilities are in the futurc connected to such <br /> benefited properties. <br /> 3. That the Owner has constructed or wiil construct a <br /> ( uluy <br /> �taisian of P.v.C. , 8 inches in diametu and 355 feet in <br /> escnp� ryP� � P�P� <br /> length, approved by che City, to serve the area including the Owner's property u <br /> described in Paragnph C above and the benefited property described in Pa�agraph H <br /> above and as shown on Exhibit A. <br /> 4. That the Udliry has been or will be constructed to meet all standards of � <br /> the Ciry Public Wor�s Department. <br /> S. That if the Udlity is certified as acceptable to the Ciry by the Public <br /> Works Department, the Owner will canvey the Utility and the easements and lands <br /> whenin it lies to the City. The City will thereafter opente the Utility as part of the <br /> City system and will charge normal connection fees and use charges. <br /> 6. The Cwner shall transfer title free and clear of all encumbrances, to the <br /> Udlity described in Exhibit A by a Bill of Sale to be executed and delivered by Owner <br /> W the Ciry upon acceptance of said Utility for maintenance by the City, which ' <br /> insttument shall contain Owner's warranty that it has good title and the right to convey <br /> said Uei]ity and that it will warrant and defend the City against the claim of interest <br /> 25 <br /> • 3 <br />