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0 <br />26 <br />therein asserted by any third person, that it will guarantee the workmanship and <br />materials in said Utility for a period of one year after date of acceptance by che City, <br />and tha[ it war.anu said Utili[y to be fit For the use for which it is intended. <br />Owner shall warrant that it is the owner in tide absolute of the Uality <br />shown in Exhibit A and that it has neither pe:mitted or suffered any person or other <br />entity to tap onto said Utility prior to the date of this Agreement. <br />Owner further shall warrant that there are no persons, firms, or <br />corpontions who have filed or have the right to file a lien against said Utility pursuant <br />to the provisions of Title 60 of the Revised Code of Washington other than those <br />heretofore filed which have been satisfied. In the event any lien or othcr claims against <br />said Utility is asserted after conveyance, then the Owner shall defend ;ind save harmless <br />che Ciry from ioss on account thereof, and in the event the Ciry shall be put to any <br />expense in defense of such claim or otherwise, then the City shall have a lien against <br />any funds then or thereafter d�posited with i[ pursuan[ ro this Agreement. <br />7. That if the owners of benefited property described in Para�raph H above <br />should later seek ro connect their lands ro or make use of the Utiliry the Ciry shall not <br />permit them to connect un[il the owners thereof have paid in cash to the City in <br />addition to the regulaz connection char;es, a"latecomer fee," tha[ is, a charge equal ro <br />the pro rata cost of the Utili[y as computed on a lineal foot basis and using actual costs <br />of cons[ruction. Tl:e parties hereto agree that the area [o be benefited by the Utility <br />amounts to 18 building si[es of which g buildin; site(s) �/aze directly <br />at[ributable to the Owner, the remaining is attributable to the benefited property and <br />that the fair pro rata share of the costs of construction of said Utility to be collected <br />from the owners of the benefited property as described in Para;raph H above who tap <br />onto or connect ro said system shall be $Z_���_�i per building site. <br />a <br />