Common use of UTILITIES EASEMENTS Clause in Contracts

UTILITIES EASEMENTS. Subject to the restrictions set forth in Sections 2, 6 and 7 VCTC hereby grants Developer a non-exclusive surface and subsurface easement in gross, which shall be transferable by Developer as further set forth in Section 16, solely for the purpose of constructing, in substantial conformity with the Approved Plans as summarized in Exhibit E-1 for the Utilities, and installing, inspecting, operating, using, maintaining, repairing and replacing the Utilities and any pipelines, conduit and appurtenances incidental to such Utilities, upon the VCTC Property and Branch Line at the locations legally described and depicted on Exhibit E to the extent necessary to serve the Phase 2 Property and the Project for the benefit of the Project and the Phase 2 Property (“Utilities Easements”). Utilities which may be constructed in the Utilities Easements include, at the election of Developer, stormwater, water, sewer, electric, gas, communication and cable television and other similar Utilities serving residential uses. Upon the completion of the Utilities and approval by City and any applicable Utility Purveyor Developer intends to assign the Water-Related Utilities to City or a City District identified by City and the remainder of the Utilities to an applicable Utility Purveyor in accordance with Section 16 for such entity or entities’ operation and maintenance of the assigned Utilities. If the Water-Related Utilities are constructed in substantial conformance with the Approved Plans, as the same may be modified by request of Developer pursuant to Section (1)(b) above (which modifications shall be subject to review and approval by City and VCTC, which approval shall not be unreasonably withheld, conditioned or delayed), then Developer intends to assign to City or a City District the Water-Related Utilities and the associated Utilities Easements in accordance with Section 16. City shall accept the assignment of the Water-Related Utilities and the related Utilities Easements pursuant to the conditions of approval for the Phase 2 Property set forth in Tentative Tract Map 5520 (Heritage Valley Parks Specific Plan Phase 2) or shall cause a City District to accept the assignment.