HomeMy WebLinkAboutEasements - Foothills Water Company SUBJECT TO
The right of FOOTHILLS WATER COMPANY, an Arizona corporation, to
use the herein described right-of-way for the purpose of installing, con-
structing, maintaining and operating a water distribution system and all
such appurtenances and installments as may be necessary for the purpose of
engaging in the business of supplying consumers with water, PROVIDED
HOWEVER, that:
1. All rights hereunder are granted subject to the express
condition that the Town of Oro Valley shall have the power at any time to
impose such reasonable, uniform restrictions and limitations, and to make
such reasonable, uniform regulations as to the use of said right-of-way by
FOOTHILLS WATER COMPANY as may be deemed best for the public safety or
welfare, including, but not limited to, the imposition of a franchise, sales,
or other privilege taxes. The rights of the Town of Oro Valley in and to
the use of the right-of-way shall be forever paramount and superior to the
rights of FOOTHILLS WATER COMPANY.
2. The said FOOTHILLS WATER COMPANY shall bear all expenses
incurred in the use of said right-of-way by FOOTHILLS WATER COMPANY, damage
and compensation for any alteration of the direction, surface, grade or
alignment of said right-of-way.
3. The expenses of lowering pipes or changing the locations of
installations of FOOTHILLS WATER COMPANY made reasonably necessary by changes
in the direction, surface, grade or alignment of the right-of-way, and any
improvement above or below grade which require relocation or adjustment but
not limited to sanitation sewers, storm drains, culverts and bridges, shall
be borne by FOOTHILLS WATER COMPANY unless otherwise provided by law. All
such lowering, changing, relocation or adjusting of pipes or other facilities
of the FOOTHLLS WATER COMPANY shall be accomplished within sixty (60) days
of a written request by the Town Engineer.
Mitti59 1.
4. The rights and privileges granted herein shall be saleable,
assignable and transferable by FOOTHILLS WATER COMPANY, but no sale, assign-
ment or transfer, in whole or in part of any of the rights and privileges
granted herein shall be effective as against the Town of Oro Valley until
notice of the same in writing has been given to the Clerk of the Town of
Oro Valley.
5. After any sale, assignment or transfer of FOOTHILLS WATER
COMPANY rights hereunder, the said FOOTHILLS WATER COMPANY shall not be
obligated under the terms hereof.
6. The rights and privileges granted herein shall not be exclu-
sive and the Town of Oro Valley expressly reserves the right to grant from
time to time similiar rights and privileges over the same right-of-way, or
any part thereof, to any other persons, firms or corporations.
7. That FOOTHILLS WATER COMPANY hereby agrees to, and hereby
does, hold the Town of Oro Valley harmless from and against any and all
claims or demands of any kind or character, in law or equity, which may
arise by reason of the use by FOOTHILLS WATER COMPANY of the aforesaid
right-of-way, and further expressly agrees to defend at its own cost, any
suits or actions brought in connection with the above use and to pay any
judgments rendered against the Town of Oro Valley on any claims arising in
connection with any of the foregoing.
8. That FOOTHILLS WATER COMPANY hereby agrees that these rights
4:♦
and privileges shall not be assigned without the prior written approval of
the Town of Oro Valley, which approval will not be unreasonably withheld.
9. That any work done on the aforesaid right-of-way shall be
subject to and done in accordance with all appliable Town Ordinances and
regulations in effect at the time the work is done.
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