Culinary Water Clause Samples

Culinary Water a) The Heber City Capital Facility Plan identifies future culinary water line locations needed to service properties within the annexation as shown in Exhibit F. b) At the time of development or redevelopment of their property, the applicable Petitioner shall construct along their street frontage, the 8 inch culinary water line along Highway 40, identified as W-041 on Exhibit F.

Culinary Water. Developer shall design, fund, acquire, construct and dedicate a comprehensive water system to accommodate the water demands of the Project, including water storage and distribution and that meets the requirements of the DEQ. The Developer has prepared a preliminary water master plan attached hereto as Exhibit “K-2” and incorporated herein. The design and of the water storage and distribution systems shall be approved by the Town and shall comply with the Town’s Standards and Specifications for Public Improvements with all main lines being sized sufficient to service the Project at maximum buildout. Town agrees to provide water to the Project subject to and as set forth in the “Culinary Water Agreement” between the Town of Leeds and the Washington County Water Conservancy District (WCWCD). In the event WCWCD cannot, or will not, provide sufficient culinary water to the Town pursuant to the Culinary Water Agreement, the Town shall not be obligated to obtain new sources of water in order to provide culinary water service to the Project. Moreover, Town agrees to work with Developer in good faith as it seeks approval of the Project's water system design by the DEQ. The water system shall ultimately be dedicated to the Town, unless the Town is unwilling or unable to maintain the water system. If the Town is unwilling or unable to accept the dedication and maintenance responsibility for the water system, the Local District, or another body politic utilized by Developer and approved by the Town, shall own, maintain and operate the same.

Culinary Water. Subject to the appropriate funding being secured as described in III(A), and as detailed in Exhibit “E,” and in coordination with the Clearfield Station Group, the City shall be responsible for the design, installation and construction of Project Infrastructure sufficient to extend the City’s culinary water system throughout the Project, including Project Infrastructure necessary for each individual water connection for the various buildings, open spaces, etc., throughout the Project. a. Attached hereto as Exhibit “F,” the “Utility and Drainage Plan,” which includes a culinary water plan (“Culinary Water Plan”) generally depicting the various culinary water improvements anticipated to be constructed in connection with the Project (including certain offsite improvements, such as the upsizing of a water line in State Street and 1000 East, and installing a water line in the Depot Street extension). The Culinary Water Plan is a general depiction only, showing approximate locations. Final locations shall be determined through additional design engineering. b. This Section is not intended to and does not create any affirmative construction obligations in connection with undeveloped Phases of the Project. c. The Parties acknowledge and agree that water lines and other improvements which extend from a water meter to a particular building or other end use shall be and remain private, and the City shall neither pay for, own nor maintain such lines and improvements. d. The abandonment of the existing culinary water pipeline as depicted in Exhibit “F” shall be pursuant to environmental guidelines. e. Offsite improvements to the City’s water system for both culinary water and for fire flow, such as the pipeline underneath State Street and 1000 East that will encroach into a right of way owned by the Utah Department of Transportation (“UDOT”), are subject to approval from UDOT.

Culinary Water a) At the time of development or redevelopment of the properties, Petitioners shall extend a 12-inch culinary water line, identified on Exhibit D, and if required loop any additional onsite or offsite water lines needed to adequately serve their developments;

Culinary Water i. The Developer shall provide the City twenty-four (24) notice if shut- off of service to the Development is required. ii. Emergency or after-hours water-shut off shall be provided through the on- call Public Works system. iii. The Developer shall pay for all costs associated with repairs for water infrastructure owned by the Developer or damage caused by Developer. iv. Suspected Leak or Pipe Breakage. If the Developer or the City suspects a leak or defect in the water infrastructure owned by the Developer, the Developer agrees to repair said defect according to their responsibilities.

Culinary Water. Sanitary Sewer and Stormwater Improvements. City represents to Master Developer that sufficient sanitary sewer utilities, storm water utilities and culinary water service, including without limitation, all necessary water rights and associated water capacity, storage, and water main extensions leading to the Property, currently exist for phases 1, 2, and 3 to allow Master Developer to proceed with development of these phases of the Project, subject only to construction of the Offsite Water Improvements (as defined below) and delivery and retention systems constructed within the Project. City agrees that it shall make available (subject to application for service, issuance of applicable permits and payment of connection fees and applicable commodity usage rates) culinary water, sanitary sewer and storm water service. Culinary water, sanitary sewer and storm water utility services will be provided through delivery and retention systems constructed within the Project by Master Developer as depicted in the Development Documents. To the extent the delivery systems are properly and timely constructed by Master Developer, such services shall be provided at such times as required by the construction of the Project and so as not to delay construction. Construction of infrastructure within the Project to serve later constructed phases shall be Master Developer’s responsibility. The Zone 5 culinary water storage, transmission waterlines, pump station, and related infrastructure shall be required before phases 4 through 12 of the Project are constructed; the Master Developer may wait for the City to complete the construction of this infrastructure or the Master Developer may complete the construction of this infrastructure and be reimbursed by the City.

Culinary Water. Culinary water shall be provided by the Town and the Developer has already paid the agreed connection fees in accordance with the applicable Annexation Agreement. Developer shall construct the culinary water facilities to the Governing Standards and Guidelines as reasonably determined by the Town Engineer. Meters and installations costs shall also be paid by the lot owner at the time each building permit is issued.

Culinary Water. Culinary water laterals which meet the existing requirements of the city standards shall be cut back to a point ten (10) feet inside the property line, an approved plug shall be placed in the lateral, and a 2” x 4” piece of treated lumber shall be placed at the end of the pipe and extended up to within one foot of final grade. Laterals which do not meet the requirements of the city standards shall be removed back to the water main and the main repaired to meet the requirements of the Clinton City Public Works Department.

Culinary Water. (i) At no cost to Ballard, the City will ▇▇▇struct and install a culinary water system and 10-inch water lines as are reasonably necessary, to provide culinary water service from the City's culinary water system, which shall service the Land at its eastern boundary, as shown on Exhibit B. The culinary water system shall be constructed and installed within Alvin Ricken Drive to provide a▇▇▇▇▇ ▇▇ the system by Ballard. Connection to the sys▇▇▇ ▇▇▇ll be at a hook-up cost not to exceed $2,000 (including water meter fee). The culinary water system shall adequately satisfy the reasonable needs and requirements of Ballard, including fi▇▇ ▇▇▇▇ection, in accordance with plans and specifications provided by Ballard to the City. The City ▇▇▇▇▇ ▇e required to provide adequate fire hydrants at appropriate locations in Alvin Ricken Drive. The inst▇▇▇▇▇▇▇▇ ▇▇ all culinary water improvements shall be completed by the City no later than January 1, 1996. (ii) Ballard estimates the ▇▇▇▇▇▇▇ng potential water capacity for fire flows (and to maintain acceptable rating with its property and casualty insurance carrier): - Four to six 8 inch risers per 100,000 square feet of building; - 75 psi at least; - Need to be able to pump approximately 1300-1500 gal. per min for two hours. (iii) Upon the execution of this Agreement by the parties and continuing until completion of the culinary water improvements as specified in subparagraph (i) above, the City and the University hereby authorize Ballard to use in i▇▇ ▇▇▇avation, soil compaction, and development activities, water from existing water service in Alvin Ricken Drive. ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ard may pull water from existing fire hydrants. This temporary use of water for construction will be at no charge to Ballard.