HomeMy WebLinkAbout2058 , (c) Developer has installed at approved locations
meter boxes desiqned and constructed in accordance with plans and
specifications approved by Service Company. Developer aqrees that
any repairs, relocation or replacement of facilities made necessary
by itnproper location or grade or design shall be made at the
Developer's expense.
(d) Developer has performed and carried out all
other terms and conditions of this Agreement which are conditions
precedent to the commencement of construction.
9. Developer further covenants and agrees that there shall .
be no work done on streets or roads, nor shall any telephone or
other~utility poles be installed in the easement areas or rights-
of-way, nor s:~all there be any construction work of any kind in _
progress on the procerty that would interfere with the work required
to be done by Service Company hereunder. If Developer or others
install any roads.and Service Company incurs the lia~ility and is
required to reoair or to repave such roads, or if any damages,. costs
or expenses are incurred by Service Company as a result of the
presence of poles in the easement areas or rights-of-way, or because
of any construction work of any kind or character is in progress, -
then any such repaving of roads and any such damages, cost or
expenses, shall be paid to Service Company. Developer fu~ther
covenants"and agrees to indemnify and hold Service Cor.?pany harmless
from any loss due to damage to its installations or facili~ies by
any subcoatractor working on the property or by any agent of -
Developer, whether such damage results from work on roads, drainage, -
~ houses or in connection with any other matter or thing whatsoever.
10. The Service Company agrees that after water facilities
. have been provided to the Property, and tne Developer or others have
connected consnmer installations to its systems, thereaf ~er the
Service Co:r:pany will continuously provide, at its cost and expense,
but in accordance with the other provisions of t:~is Agreement, includ-
; ing rules and regulations and rate schedules, water service to the
` property ia a manner to conform with all reasonable requirements of
~ the State Board of :iealth and other governmental agencies having
~ jurisdiction over the water supply operations of the Service Company.
11. It is the intention of the parties in entering into this'
Agreenent tnat the Developer grants to Service Company tne exclusive -
right and pr~vilege to provide all of the land set forth in Exhibit _
"A" consisting of.approxi;nately fifty-six (56) -acres with water "
facilities ar.d services. The parties hereto aqree that an essential
part of this Agreenent is that the property will De subdivided in
substantial accordance with the site plan and phase description - ~
attached hereto as Exhibit "B". The Developer may alter the site f
plan without notifying Service Company provided any such alteration `
does not increase or decrease the water demand of the property by
r.?ore than 10% fro:.i the water demand equivalent required to serve
~ tne site plan as shown.
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~ 12. To induce Service Company to provide the water facilities
~ and service to the property, as a contribution in aid of construction,
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~ the Developer hereby agrees to convey to the Service Company, free
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L. ~ ~'ooK212 PaGE2058 ~
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