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� 6 <br /> E, The Utility is located in the azea described in Exhibit A attached and <br /> incorponted by rcference herein. <br /> p, The Utility shown in Exhibit A is located withiii the azea served by the <br /> City and has not been acc..pted by �he Ciry for maintenance and operation. <br /> G. The Utility is capable of serving the Owner's property and the "benefiteA <br /> properry" as shown on Exhibit A. <br /> H, The "benefited property" shown in Exhibii A is more particularly <br /> described as follows: <br /> See "E�ibit B" for bPne�ited pivperti�. <br /> /�� • <br /> �L <br /> � I, The estimated/actual cost of construction of the Utility shown in Exhibit <br /> IV A amounts to $ �q.713.55 which is a reasonable cost for said conscruction and of <br /> which $ Z,206.31 shall be charged to the "benefited property" as a fair pro rata snaze <br /> of the cost of conscruction. The City finds that the "be�efited property" has received <br /> benefits in the amount of the said fair pro nta 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 cons[ruction of the Utility from the <br /> owners of the benefited property (as described in Paragnph H above and shown in <br /> Exhibit A) who did no[ contribute to the original cost thereof under the, provisions of <br /> the municipal Water and Sewer Facili[ies Act, RCW 35.91.010 et seq.; provided, that <br /> nothing contained herein shall be construed to affect or impair in any manner the ri;h[ <br /> 24 <br /> 2 <br />