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� 6 <br /> E. The Utility is located in the area described in Exhibit A attached and <br /> incorporated by reference herein. <br /> F. The Utiliry shown in Exhibit A is located within the area served by the <br /> City and has not been accepted by the Ciry for maintenance and operation. <br /> G. The Utility is capable of serving the Owner's property and the "benefited <br /> property" as shown on Exhibit A. <br /> H. The "benefited property" shown in Exhibit A is more particularly <br /> described as follows: <br /> See "F�ibit B" for benefited ptoperties• <br /> �,Qi�'� , <br /> �G <br /> � � I. The estimated/actual cost of construction of the Uality s�iown in Exhibit <br /> A amounts to $ 39.713.55 Which is a reasonable cost for said construction and of <br /> I which $ Z,206.31 shali be charged to the "benefited propeRy" as a fair pro rata share <br /> of the cost of construction. The City finds that the "benefited property" has received <br /> benefits in the amount of the said fair pro rata share chazged thereto. <br /> J. The City and the Owner desire and intend by this Agreement 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 /> Exhibit A) who did not contribute to the original cost thereof under the provisions of <br /> the municipal Water and Sewer Facilities Act, RCW 35.9'..010 et seq.; provided, that <br /> nothing contained herein shall be construed to affect or impair in any manner the righ: � <br /> 24 <br /> 2 <br />