5306 ROCKEFELLER AVE 2016-01-01 MF Import

� of the City to regulate the use of its water system of which the Utiliry described in Exhibit A shall become a part under the terms of this contnct. NOW, TEiEREFORE, in considention of the mutual covenants and agreements set forth, the partics agree as follows: 1. All of the recitals set foRh above are adopted by the parties as material elemenL and/or findings related [o [his Agreemen[. 2. That the Owner may be reimbursed by owners of the benefited property for portions of the cos[ to the Owner of certain facilities, herein referred to as the Utility installed by the Owner when such facilities aze in the future connected to such benefited properties. 3, That the Owner has conscructed or will construct a=� (Utility E.7ctension of P.v.C. , 8 inches in diameter and 355 feet in description) (type of �ipe) length, approved by the City, to serve the area including the Owner's property as described in Paragraph C above and the benefited property described in Paragraph H above and as shown on Exhibit A. 4. That the Utility has been or will be constructed to meet al] standards of the City Public Works Department. 5. That if the Utility is ceriified as acceptable to the City by the Public Works Department, the Owner will conv:y the Utility and the easements and lands wherein it lies to the City. The City wi11 thereafter operate the Utility as part of the City system and will charge normal connection fees and use charges. 6. The Owner shall transfer title fre: and clear of all encumbrances, to the Utility described in Exhibi[ A b� a Bill of Sale to be executed and delivered by Owne: to the City upon acceptance of said Utili[y for maintenance by the City, which instrument shall contain Owner's warranty that it has good tide and the ri�ht to convey said UUlity and tha[ it will warrant aid de;end the Ciry against the daim of intetes[ z5 3