HomeMy WebLinkAbout1536certificate granted to Utility to serve Property, then Utility
agrees that it will diligently and earnestly at Developer's,
expense make the necessary nnd proper applications to all
governmental authorities in order to include the Property in
its franchise or certificated service area and will pursue the
same to the end that it will use its best efforts to obtain such
approvals.
10. Developer agrees with Utility that all sewer ~acilities
used, useful.or held for use in connection with providing sewage
service to the Property, shall at all times reamin in the sole.
complete and exclusive ownership of Utility, its successors and
assigns, and any person or entity owning any part of the Property
or any residence, buildinq, or unit constructed or located thereon,
shall not have any right, title, claim or interest in and to such
facilities, or any part of them, for any purpose, including the
furnishing of sewage services to other persons or entities located
within or beyond the limits of the Property; excepting therefrom
the internal collection system referred to and provided for under
paragraph 3 of this Agreement.
11. Developer, as a further and essential consideration of
this Agreement, agrees that Developer, or the successors and assigns
of Developer, shall not (the word "shall not" being used in a man-
datory definition) engage in the business of providing sewer ser-
vice to the Property, it being the intention of the parties hereto
that under the foregoing provision and also other provisions of
this Agreement, Utility shall have the sole and exclusive right
and privilege to provide sewage services to the Property and to
the occupants of each residence building or unit constructed .
thereon. -
12. Utility agrees that the initial rates to be charged to
individual consumers of sewage service shall be the existing rates
for this service. However, notwithstanding any provision in this
Agreement, Utility may establish, amend, or revise from time to
time in the future and enforce digferent rates or rate schedules
reflecting rates lower or higher. However, any such lower or
higher rate schedules so established and enforced shall at all
times be reasonable and subject to such regulations as may be
grovided by law or contract.
Notwithstanding any provision in this Agr~ement, Utility
may establish, amend or revise from time to time in the future and
enforce rules and regulations covering sewage service to the Pro-
perty. However, all such rules and regulations so established by
Utility shall at all times be reasonable and subject to such regu-
lations as may be provided by law or contract.
Any such initial or future lower or increased rates, rate
schedules, and rules and regulations established, amended, or re-
vised and enforced by Utility from time to time in the future,
shall be binding upon Developer; and upon any person or other en-
tity holding by, through or under Developer; and upon any user or
Consumer of the sewage service provided to the Property by Utility.
13. Developer, or any owner of any parcel of the Property,
or any occupancy of any residence, building, or unit located there-
on, shall not have the right to and shall not connect any consumer
installation to the sewer facilities of Utility until formal written
application has been made to Utility by the prospective user of
sewer service in accordance with the then effective rules and regu-
lations of Utility and approvai for such connection has been granted.
Although the responsibility for connecting the consumer
instal2ation to the lines of Utility at the point of delivery is
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