HomeMy WebLinkAbout15649. Developer agrees with Utility that all water facilities
used, useful or held for use in connection with providing water
service to the Property, shall at all times remain in the sole,
complete and exclusive ownership of Utility, its successors and
assigns, and any person or entit}~ owning any part of the Property
or any residence, building, or unit constructed or located thereon,
shall not have any riqht, title, claim or interest in and to such
facilities, or any part of them, for any purpose, including the
furnishing of water service to other persons or entities located
within or beyond the limits of the Property; excepting therefrom
the internal distribution system referred to and provided for
under paragraph 3 of this Agreement.
10. Developer, as a further and essential consideration of
this Agreement, agrees that Developer, or the successors and
assigns of Developer, shall not (the words "shall not" being used
in a mandatory definition) engage in the business of providing
water service to the Praperty, it being the intention of the
parties h~reto that under the foregoing provision and also other
provisions of this Agreement, Utility shall have the sole and
exclusive right and privilege to provide water services to the
Property and to the occupants of each residence building or unit
constructed thereon.
11.' Utility agrees that the initial rates to be charged to
individual consumers of water service shall be the existing rates
for this service. However, nothwithstanding any provision in this
Agree~:ent, Utility may establish, amend, or revise from time to
time in the future and enforce different rates ~r 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
provided by law or contract.
Notwithstanding any provision in this Agreement, Utility
may establish, amend or revise from time to time in the future
and enforce rules and regulations covering water service to the
Property. However, all such rules and regulations so established
by Utility shall at all times be reasonab2e and subject to such
regulations as may be provided by law or contrzct.
Any such initial or future lower or increased rates,
rate schedules, and~rules and regulations established, amended,
or revised 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 water service provided to the Property by Utility.
12. Developer, or any owner of any parcel of the Property, or
any occupancy of any residence,~building, or unit located thereon,
shall not have the right to and st,all not connect any consumer in-
stallation to the water facilities of Utility until formal written
application has been made to Utility by the prospective user of
water service in accordance with the then effective rules and
regulations of Utility and approval for such connection has been
granted. '
~?~~~•~7h ±h~ :e~g~r.~i~???*_y fnr ~onnecting the consumer
installation to the lines of Utility at the point of delivery is
that of the Developer or others than Utility, k~ith reference to
such connections the parties agree as follows:
(a) All consumer installation connec*_ions must be
inspected by Utility before backfilling and covering of any pipes;
(b) Notice to Utility requesting an inspection of a
consumer installation connection may be given by the Plumber or
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