5615 SEAHURST AVE 2016-01-01 MF Import

6 of the Ciry to regulate the use of its water system of whic ,�e Utiiiry described in Fachibi[ A shall become a part under thc terms of this con[r< NOW, TEiEREFORE, in consideration of mu[ual covenants and agreements set forth, the parties agree az follows: 1. All of the recitals set foRh above are ado�,:ed by the parties as material elements and/or findings related to this Agreement. 2. Tha[ the Owner may be reimbursed by owners of the tenefited property for portions of the cost to che Owner of certain facilities, herein referred to as the UGlity installed by the Owner when such facilities are in the future connected to such benefited properties. 3. That the Owner has construc,ed nr will construct a sE+,�er (Utility Fs�tensirn of P.v.C. ., 8 inches in diameter and 355 feet in descnpt'ion) (type of pipe) length, approved by the Ciry, ro se;ve the area including the Owner's property as described in Pangraph C above and the benefited property described in Paragraph H above and as shown on Exhibit A. 4. That the Utiliry has been or will Se constructed to meet all standards of the Ciry Public Works Department. 5. That if the Utili,y is certified as acceptable to the City by the Public Works Departm�nt, the Owner wilt convey the Utility and the easements and lands wherein it lies to the Ciry. The City will thereafter operate the UtiL•ty as part of the City system and will charge normal connection fees and use charges. 6. The Owner shall transfer title free and ciear of all encumbrances, to the Utility described in Exhibit A by a Bill of Sale to be executed and deliverecl by Owner to the City upon acceptance of said Utility for maintenance by the City, which instrument sha11 contain Owner's warranty that it has good title and the ri�ht to convey said Utiliry and that it will warran[ and defend the City against the daim of interest 25 3