HomeMy WebLinkAbout1531ment 3f agreed to in writ~ng an~ signed by both
parties hereofs
(q) "Consumer Installation" - all facilities on
the customer side of the point of deliver~;
(h) "Contribution in aid-of-construction" - the
sum of.money which Deve oper covenants and agrees
to pay to Utility as a contribution in aid-of-
construction to induce Utility to provide the
sewage service to the Property.
3. Developer hereby grants and gives to Utility, its
successors and assigns, the exclusive right or privilege to con-
struct, own, maintain. and operate the sewage facility to serve
the Property; and the exclusive right or privilege to construct,
own, maintain, and operate said facilities in, un~er, upon, over
and across the present and~future streets, roads, terraces, alleys,
easements, reserved utility strips and utility sites, and any pub-
lic place as provided and dedicated to public use in the record
plats, or as provided for in agreements, dedications, or grants
made otherwise and independent of said record plats.
Developez hereby further agrees that the foregoing grants
include the necessary right of ingress and egress to any part of
the Property; that the foregoing grants shall be for such period
of time as Utility or its successors or assigns require such rights,
privileges or easements in the construction ownership, maintenance,
operation or expansion of the sewage facility; that in the event
Utility is require3 to install any of its sewage facilities in lands
within the Property lying outside the streets and easement areas
described above, then Developer or the owner shall grant to Utility
without cost or expense to Utility the necessary ease~~ent or ease-
ments for such "private property" installation; provided, all such
"private property" installation by Utility shall be made in such
manner as not to interfere with the then primary use of such pri-
vate property. Utility covenants that it will use due diligence in
ascertaining all easement locations, however, should Utility install
any of its facilities outside a dedicated easement area, Developer,
the successors and assigns of Developer, covenant and agree that
Utility will not be required to move or relocate any facilities
lying outside a dedicated easement area so long as the facilities
do not interfere with the then or proposed use of the area in which
the facilities have been insta3led if the facilities do interfere
with the proposed actual use, then the Utility shall move the
facility.
Utility hereby agrees that all easement grants will be
utilized in accordance with the established and generally accepted
practices of the sewage industry with respect to the installation
of all its sewage facilities in any of the easement areas; and that
Developer or Developer's successors or assigns in granting ease-
ments herein, or pursuant to the terms of this instrument, shall
hav~ the right to grant exclusive or non-exclusive rights, privi-
leges and easements to other persons, firms or corporations to
provide to the Propert~ utility services other than sewer service;
provided, however, Developer shall exercise its best efforts not
to allow any paving, pavement, rock subgrade, drainaye facilities,
buried power cables, telephone cables, television cables or gas
lines to be installed prior to the installation of the sewer lines
contemplated by this Agreement. The Developer shall furnish to
the Utility four copies of plans sa*_isfactory to the Utility
showing the location of any proposed buried power cables, tele-
phone or television cables, and gas lines.
~,~,~X.
- 2- ~ ~Y 351 F~.~~ 15z7