HomeMy WebLinkAbout1545point on the consumer's property line. In the
case of multiple family dwellings, the point
of delivery shall be at that point indicated
on the plot plan of the building showing
Utility's water lines; the point of delivery
may change after the execution of this Agree-
ment if agreed to in writing and signed by
both parties hereof;
(g) "Consumer Installation" - all facilities
on the consumer side of the point of delivery;
(h) "Contribution in aid-of-construction" -
the sum of money which Developer covenants and
agrees to pay to Utility as a contribution in
aid-of-construction to induce Uti2ity to pro-
vide the water service to the Property.
3. Developer hereby grants and gives to Utility, its
successors and assigns, the exclusive right or privilege to
construct, own, maintain, and operate the water facility to .
serve the Property; and the exclusive right or privilege to •
construct, own, maintain, and operate said facilities in, under
upon, over and across the present and future streets, roads,
terraces, alleys, easements, reserved utility strips and utility
sites, and any public 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.
Developer 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 owner-
ship, maintenance, operation or expansion of the water facility;
that in the event Utility is required to install any of its water
facilities in lands within the Property lying outside the streets
and easement areas described above, then Developer or the owner
shall grant to Utiiity without cost or expense to utiiiLy L'ne
necessary easement or easements for such "private property" in-
stallation; 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 private 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
a5signs of Developer, covenant and agree that Utility will not be
required to move or relocate any facilities lying outside a dedi-
cated 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 installed if the facilities do interfere with the pro-
posed actual use, then the Utility shall move the facility.
Utility hereby agrees that all easement q•rants will be
utilized in accordance with the established a~d generally accepted
practices of the water industry with respect to the installation
of all its water 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
have the right to grant exclusive or non-exclusive rights, privi-
leges and easements to other persons, firms or corporations to
provide to the Property utility services other than water service;
provided, however, Develop~r shall exercise its best efforts not
to allow any paving, pavement, rock subgrade, drainage facilities,
buried power cables, telephone cables,_television cables or gas
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~~;'~~ 351 ~~~uE 1541