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<br />shall thereafter provide sewer service to the property in question and shall provide all <br />customer service functions associated with providing service to the property in question, <br />provided that each such owner shall pay to the City upon delivery of a Sewer Service <br />Agreement, in recordable form, a sewer maintenance charge and a sewer connection fee in <br />amounts established by the City for connection to the City's sewer system, together consent to <br />annexation as provided in Paragraph 9, below. <br /> <br />9. As further consideration for the provision of sewer facilities and services to the <br />Owner's Property by the City, the Owner hereby agrees not to file protest, either written or <br />otherwise, against annexation of the Owner's Property to the City at such time as the City <br />determines it to be feasible to annex the Owner's Property to the City and delivers notice thereof <br />to the Owner. Moreover, the Owner hereby agrees to cooperate with the City and take all <br />reasonable action deemed necessary by the City to effect the annexation ofthe Owner's <br />Property to the City, including the execution of all documents necessary and appropriate to <br />recommend, support, carry out and implement the annexation of the Owner's Property to the <br />City. Ifthe Owner should protest annexation of the Owner's Property, the City may, at its <br />option, elect to terminate the sewer facilities and services afforded to the Owner's Property by <br />this Agreement. <br /> <br />10. Nothing contained in this Agreement shall be construed as representing the <br />establishment of any precedent or the formation of any policy by the City to supply sewer <br />service or any other City service in the future to any unincorporated territory on the terms and <br />conditions contained herein or on any terms and conditions whatsoever. <br /> <br />11. The Owner understands and agrees that in the event it fails, neglects or refuses <br />to construct the Improvements to the satisfaction of the Director and actually connect to the <br />City-owned sewer on or before the earlier to occur of (a) the second anniversary of the <br />Effective Date of this Agreement, or (b) if applicable, the date the residential structure <br />currently under construction by Owner on the Owner's Property has been completed, this <br />Agreement and the City's obligations, duties and responsibilities hereunder shall be null and <br />void and of no further force or effect; provided, however. that in the event that the City <br />Council finds and determines that the Owner was unable to actually connect with the City- <br />owned sewer, this period may be extended on such terms as the City Council may find to be <br />just, fair and equitable. <br /> <br />12. This Agreement shall be recorded in the Official Records of the County of <br />Orange, State of Cali fomi a at the Owner's sole cost. <br /> <br />13. This Agreement is intended to benefit only the parties hereto and no other person <br />or entity has or shall acquire any rights hereunder. This Agreement does not create any third <br />party beneficiary rights. <br /> <br />14. All of the terms, conditions and provisions hereof shall inure to the benefit of <br />and be binding upon the parties hereto and their respective successors and assigns, provided, <br />however, that no assignment of this Agreement sh~ll be made without the prior written <br /> <br />5 <br />