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Subdivision Service Agreement State of Texas § County Of Brazos § INV# 1409S25601 § SUBDIVISION SERVICE AGREEMENT KNOW ALL MEN BY THESE PRESENTS: This AGREEMENT is entered into the 17 of February, 2015 and between Bryan Texas Utilities, hereinafter "UTILITY", and Creek Meadows Partners, L.P. of Brazos County, Texas, hereinafter "DEVELOPER". Under the authority of Bryan Texas Utility's Extension Policy and in accordance with the desires of the parties hereto, UTILITY and the DEVELOPER hereby mutually agree to the following promises and covenants: SECTION I. UTILITY, at the request of the DEVELOPER, agrees to construct electric lines and required appurtenances in and for the area designated on the recorded plat as, Creek Meadows Section 3, Phase 3 (Name of subdivision,or major units,or sections of subdivision) In the County of Brazos, State of Texas, and described more fully as: Creek Meadows Section 3, Phase 3 consisting of Block 6, Lots 6-14, Block 7, Lots 1-4, Block 8, Lots 3-10 located in the Samuel Davidson Survey, A-13, College Station, Brazos County, Texas. The line construction, the subject of this agreement, shall only be that line construction shown on the sketch attached hereto as Exhibit"A"and incorporated herein by this reference for all purposes. Any and all service extensions from the line constructed in accordance with Exhibit"A"which may be required so as to service lots within the hereinabove subdivision shall be treated as individual and separate extensions and under Bryan Utilities'Policies in effect at the time such extensions are requested to be added. .Section II. DEVELOPER hereby agrees to pay UTILITY the sum of $4935.98 for the line extension, which includes the cost of streetlights, as defined,in Section III, said sum due and payable at the time of execution of this Agreement. Said sum shll be the estimated total final cost of labor, overhead, materials, and right-of-way acquisition as outlined in BTU's Electric Line Extension Policy. Further, for underground subdivisions, the DEVELOPER shall be responsible for all ditching, boring, and installation of all conduits at the DEVELOPER's expense as specified in the latest edition of the BTU Guidelines for Developer Installed Conduit in New Subdivisions specifications. If the line extension has not been started and substantially completed within 90 days from the execution date of this agreement, UTILITY reserves the right to re-evaluate costs and adjust the required payment amount from the DEVELOPER, as necessary,to complete the work. SECTION III. DEVELOPER hereby acknowledges that the UTILITY will provide, as part of the sum shown in Section II, 3 streetlights standards, on 30' CS poles with 100-watt HPS luminaries with underground distribution. Section IV. The DEVELOPER agrees that UTILITY shall at all times have complete ownership and control of all line extensions to be constructed. The DEVELOPER agrees that he shall at no time attempt to assert or exercise ownership or control .over any service lines or extensions made in the furtherance of this agreement. UTILITY may, at its option, make other extensions,alterations, or additions to the line extension for service to customers outside the subdivision,the primary subject of this agreement. Section V. The DEVELOPER shall not assign this Agreement in whole or in part without the prior written consent of UTILITY. Section VI. The DEVELOPER agrees to fully comply with all the requirements of the rules, policies and ordinances of the City of Bryan,Texas as well as the laws of the State of Texas and the Federal 1 INV# 1409S25601 Government as they apply to this Agreement and to the connection and service of the Customers of UTILITY. Section VII. Either party may terminate this Agreement prior to the completion of construction of the lines or extensions of the project as a result of the abandonment by the DEVELOPER. The DEVELOPER shall be charged the actual costs incurred by UTILITY at the time construction is terminated. It is hereby agreed that such costs shall be charged against any monies,which the DEVELOPER may have made with UTILITY as set out in Section II of this Agreement. Section VIII. The DEVELOPER, in further consideration of this agreement, shall convey to UTILITY, free and clear of any encumbrance, valid easements and rights-of-way, as required by UTILITY, covering the power lines and other necessary facilities. Section IX. This agreement shall be interpreted in accordance with Texas law and enforced for all purposes in Brazos County,Texas. Section X. This agreement represents and contains all stipulations made by and between the parties hereto and is the entire agreement of the parties. No other verbal or written stipulations shall act to modify or alter this agreement. Section XI. The parties to this agreement state that they have the authority to execute this instrument on behalf of their principals and have been duly empowered to sign the same. Section XII. This agreement may not be changed except upon the mutual written agreement of the parties. Section XIII. To the maximum extent permitted by law, the DEVELOPER agrees to indemnify and hold harmless UTILITY in the performance of its obligations under this agreement. SIGNED AND AGREED TO the date entered hereinabove: DEVELOPER BRYAN TEXAS UTILITIES /aa-k5- CREEK ME DOWS PARTNERS,L.P. ;Is GARY D.MILLER,GENERAL MANAGER q,rNrri zed ay/14, 0/Awl!G�w n I vebpri'"',)Jc D-)/1 7/15 DATE DATE • 2 • lb T r 111 TDIFFERENCE IS O DAMAGE WAIVER The Customer,whose name is shown below,requests that Bryan Texas Utilities("BTU") dig a trench, drill a hole for a pole, excavate for any other designated purpose, and/or enter Customer's property to perform work or service on or near the Customer's property in order to establish or maintain proper electrical service, provide lighting, or perform some other work or service beneficial to the Customer. The Customer agrees to(1)locate and clearly mark,or preferably expose by digging, any underground facilities such as water pipes,gas pipes, conduit, cable, or any other facility near or in the area of excavation and(2)indemnify and hold BTU harmless from, and to assume all responsibility for any liability or damages arising from or relating to such work or service,including all damages to the premises or to any real or personal property of the Customer (including animals or livestock or any kind)that may be located on or near the premises. For the installation, or provision,of conduit as needed for underground electric secondary service installation the Customer elects Option: A B C (circle one)as explained in the BTU Service Entrance Requirements Manual. By signing this document, the Customer acknowledges receipt of BTU's Service Entrance Requirements Manual. The Customer hereby warrants that he/she is the owner of the premises on which the work or service is to be performed, or that he/she is otherwise authorized to grant this waiver of indemnification of liability to BTU. Location: ( ,<.4'1(.! hws — 5-61(70 3 Na 5C 3 Signed: a0P.5- Date.0 2/-7/5 Printed Name: Investigate#: I 0 52-56 l Revised 5/12