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<br />(i) a sewer main located in Ponderosa Street extending approximately 480 feet to <br />join the City's existing sewer system located in Seventeenth Street as shown in <br />concept on Exhibit B hereto (herein referred to as the "Sewer Main"), and <br /> <br />(ii) a sewer lateral (herein referred to as the "Sewer Lateral") from the proposed <br />Sewer Main to' the private property line of the Owner's Property, as shown in <br />concept on Exhibit B hereto. <br /> <br />The Sewer Main and the Sewer Lateral may sometimes be referred to herein collectively as the <br />"Improvements"; and <br /> <br />E. The Owner and the City agree that, due to the location and capacity of the City's <br />sewer system and the fact that the sewer and wastewater needs of the Owner's Property and the <br />Benefited Properties are presently served either by septic tank systems or not at all, it is beneficial <br />for the City to provide sewer service to the Owner's Property and potentially to the Benefited <br />Properties, provided that the Owner agrees to and will install, at its own sole cost and expense, <br />the Improvements and thereafter pay the City's sewer service charges for the Owner's Property; <br />and <br /> <br />F. The City has existing sewer lines and facilities as shown on Exhibit B. which <br />existing sewer lines and facilities are at a sufficient capacity to provide service to the Owner's <br />Property and the Benefited Properties, and the City is willing and able to provide sewer service to <br />those properties subject to the terms and conditions of this Agreement; and <br /> <br />G. The provision of sewer service by the City to the Owner's Property (and <br />potentially to the Benefited Properties) pursuant to the terms and conditions of this Agreement <br />will not adversely impact sewer service to other City customers or result in a significant loss of <br />revenue to the City; and <br /> <br />H. The Owner and the City wish to set forth the circumstances and terms and <br />conditions under which the City will provide sewer service to the Owner's Property; and <br /> <br />I. The public interest, economy, and general welfare will be served by this <br />Agreement. <br /> <br />NOW, THEREFORE, FOR AND IN CONSIDERATION OF THESE PREMISES AND <br />THE TERMS AND CONDITIONS HEREIN, THE ADEQUACY AND LEGAL SUFFICIENCY <br />OF WHICH ARE HEREBY ACKNOWLEDGED AND WHICH ARE INCORPORATED INTO <br />THIS AGREEMENT BY THIS REFERENCE, THE PARTIES AGREE AS FOLLOWS: <br /> <br />I. The City hereby agrees to furnish, and the Owner hereby agrees to accept, the <br />City's sewer service to the Owner's Property in accordance with the terms and provisions of this <br />Agreement. <br /> <br />2 <br />