2019-09-19_PERMIT FILE - M2009010

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7 2 3 596 Page: 3 of 23 kill 07130,2004 03;42P KPUSE, CLK&REC MONTROSE, CG ER5E R 116,00 D 0,00 approved t1r.,e same. All such construction and connection work undertaken by -TV in the -Utility -Easemcnt pursuant to this Agreement shall comply with all applicable goverrunental laws, --o-u',w utility I ions, requirements and standards and the requirements and standards of any utility -,-)rr -i its infrastructure in a way that assures that pany or utility service provider. JV shall design its co'nstruction and operation will, 11of damage or compromise the integrity of HRC's -are. (b) JV shall be responsible for the cost of utility and water service to the Retainage Parcel from the HRC Property. HRC agrees to permit the connection of potable water service from the HRC Property to the Retainage Parcel and agrees to provide potable water set-vice to the Retainage Parcel and individual lot/parcel/12omes that may eventually be constll-ncted on the Retainage Parcei at such time as the potable water system is constructed on ffie HRC Property. HRC further agrees that said individual lot/parcel,/homeowners will be serviced and charged in the same manner and at the same rates as the lots/parcels/homes to be developed and constructed on the HRC Property. It is understood and agreed that JV may construct up to 28 homes on the Retainage Parcel, subject to the terms and provisions of this Agreement; provided, however, that IN' agrees that HRC may impose a limit of no more that 1.4 -unmits/lots,,Iaornes to be serviced with water from the HRC Property in the absence of additional , ater being allocated by Tri-County Water to HRC's water system. in the event that HRC's development on the HRC Property experiences water capacity or s D Cage problems, or ifthe owners of the Retainage Parcel elect at their sole discretion, and -then only if the upstream water provider (Tri-County Water') agrees, the owner or owners of ,04S/1 arcelsil"homes on the Retainage Parcel shall purchase taps from Tri-County Water. In such c-,,--nt, HRC agrees that IFIRC shall not asses any additional charges or fees to the owners of the Rc.-minaue Parcel and That HRC's water system. shall serve the lot/parcel./homeowners on the Retainage Parcel without unit or capacity limitations (except in accordance with limitations same unit cost and on other terms and conditions,inposed by Tri-County Water) and at the san ions as are. them charged to HRC by Tii-County Water. HRC further agrees that in the event that HRC desires to transfer ownership and o-,)--.-,ation of the water system constructed by HRC on the HRC Property to a third party water supplier, -utility provider, metropolitan district or other governmental authority, such transfer shall not become effective unless and until HRC's obligations under this Section and other applicable provisions of this Agreement relating to provision of water to the Retainage Parcel are assumed by the transferee owner and operator of such water system. I (c) This Agreement shall not be construed to impose any obligation on HRC to construct any road or utility infrastructure on the HRC Property, it being agreed that (i) the Access Easements slivil entitle JV and its Pen-nittees only to use whatever roads exist, in what ever condition, from. time to time within the Access Easements, and (ii) the Utility Easement shall entitle JV and its Permittees only to connect within the Utility Easement and, subject to the terms of this Ag-reenient, to whatever-utility infrastructure may then exist, in whatever condition, E 1'o Notwithstanding from time to time 1, serve the HRC Property. Notwitl ding anything to the contrary contained herein, JV's and its Perinittees' rights to use and cAjoy the Access Easements over and across all roads, right-of-ways and streets now or hereafter constructed on the HRC Property 5979'94v.6 3