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� <br />E. The Utility is located in the uea described in Exhibit A a[tached and <br />incorponted by ceference herein. <br />F. The Utility shown in Exhibi[ A is located within the azea servec! by the <br />City and has not been accepted by the City for maintenance and operation. <br />G. The Utility is capable of serving the Owner's property and the "benefited <br />property" as shown on Exhibi[ A. <br />H. The "benefited property" shown in Exhibit A is more particulazly <br />described as follows: <br />See "Fadlibit B" for benefite�: propertiPs• <br />/�� . <br />�L <br />� I. The estimated/actual cost of construction of the Udlity shown in Exhibit <br />A amounts to $ 39.713.55 Which is a reasonable cos[ for said conscruction and of <br />24 <br />W;�,i�h $ 2, 206.31 shall be charged to the "benefited property" as a fair pro rata share <br />of the cost of construction. The City finds that the "benefited property" has received <br />benefits in ;he amount of the said fair pro rata share cliar;ed thereto. <br />J. The City and the Owner desire and intend by this Agreemen[ to provide <br />for collection of a fair pro rata share of the cost of construction of the Utility from the <br />owners of the benefited property (as described in Paragraph H above and shown in <br />Exhibi[ A) who did not con[ribute to the ori;inal cost thereof under the provisions of <br />the municipal Wa[er and Sewer Facilities Act, RCW 35.91.010 e[ seq.; provided, tha[ <br />nothing contained herein shall be construed to affec[ or impair in any manner the ri;h[ <br />� <br />