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<br />'~.. elli~il2e63 10...:.69 <br />-~_.._-. <br />-- <br /> <br />9766772348 <br /> <br />TOWN OF DOVE CREEK <br /> <br />PAGE 06 <br /> <br /> <br />" .: .... <br /> <br />,,' ..I,. <br /> <br />t ;G>~ System shall be performed In a timely and e,xpedltiOus manner, which <br />:~ . "'. .j....... ". ven;ence to the public, and is in compliance Wit~ all appflcable eod~ of <br />~~., ..,.:\;'..;..... >l:t.~:.mtnI~~ :~orado and the Unlted Sates of America. All pubhc and private property <br />. ~In the Town directly affeoted by District Olstribution System con!Stru~l~ or <br />.~ '. exeava1lon activities, shall be restored, as soon l!I8 practl~bl~, by the Dlstnct, It Its <br />, . expense to substantially it$ former condition prior to DistrIbution Syitem construction. <br />The District shall comply with any reaaonablf'l Town or landowner request for prompt <br />'remediation of damage to private property adjacent to Alleys, E~sements a~d Other <br />"Public Places caused by the District's performance of construction, excaVB1lon, . <br />"maintenance or repair work on tI'le Dlstrlbution System, The Town reserves the rtght to <br />restore property and remedy damages caused by District Distribution System actl~lties <br />wlthin the Town, at the expense ofthe District. in the event the Olstrfctfalls to begin such <br />work within twenty days after written notice from the Town. <br /> <br />Section :3 - Relocati2!) of pi~trict Oi~ibution ~15t6'm <br /> <br />The District Intends to construct the Distribution System, Wherever possible. at a <br />depth of at lesst tttree feet. Therefore, the Distribution System should not interfere with <br />Town change$ to $treet grading or street paving, the installation and repaIr of Town &ewer <br />or water main. or with other Town works. If any such Town construction or repair work <br />will be affected by the location of the Distribution Sy~stemt despite District cooperation with <br />the Town 8S required at Article IV, Section 1 hereIn. and the District provision of mapa. <br />required at Article IV. Section a herein, the Town and the Olstrict will negotiate in good <br />faith to resolve the dispute, The District has no Obligation to relocate any Distribution <br />System facilities if funds are not available from Di~tr!butjon System customers. Following <br />relocation, the Di~rict. at fta expense, shall re$tore all property dIsturbed directly by the <br />Distrlcfs work on the Distribution System to substantially its former condition, The District <br />is not obligated to relocate. under any circumstances. any faefllty of th6 Distribution <br />System Installed in easements obtained by the Oistrict prior to eny transfer of tne <br />overfylng la.nd to the Town. <br /> <br />Section 4 - S..rvice to New Area~ <br /> <br />If, during the term of this Franchise. the boundaries of the Town are expanded the <br />District may extend service to the newly Incorporated areas. Service to areas annexed by <br />the Town shall/be In accordance with the terme of thIs Franchise. InelUdlng payment of <br />Franchise Fees. The District however, ahallnot be obligated to relocate, at District <br />eXpense. any of the Distribution System Installed prior to such annexation. <br /> <br />Section 5 - Bestqration of Servi~ <br /> <br />In the event t~e Dist~et'l Olstr1bU:iO~ System, or any part thereof. is partially or <br />~ol!y d~stroyed or Incapacitated, 1he DIstrict shall U11e diUgence to restore the <br />DlStnbutlon System to ntlsfactory service. provided the funds are available to do so from <br />DistributIon System customers. <br /> <br />5 <br /> <br />O~8-~ OlOllOO'd ',.-1 <br /> <br />HU-HHH+ <br /> <br />/11114S IddlWS ~JOJ~IJ <br /> <br />