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Home My WebLink AboutBTU LetterBRYAN TEXAS UTILITIES P. 0 . Box 1000 Bryan, TX 77805 Phone: 979-821-5700 Fax: 979-821-5795 http://www.btutilities.com Jvfonday,August31, 2009 Wallace Phillips Greens Prairie Investors Investigation #08-07-S-13079 The Barracks Phase, Elk 2, lots 8 thru 33, Elk 3, lots 25 thru 48 College,Tx, 77845 Dear Mr Phillips, Please find your estimate to serve The Barracks with underground distribution in accordance with BTU Board policy. The NON-REFUNDABLE Aid in Construction costs for the portion provided by BTU is $0.00 Aid in Construction Cost: Underground Distribution= $46,310.09 Less allowance or 50 Lots at 1,650 each= $82,500.00 Total Aid in Construction Cost to Customer= $0.00 3 CS-STL approved streetlights provided and installed by the developer, BTU will pull wire and terminate.= $146.94 As the DEVELOPER, you will be responsible for providing all bores and ditches whether backhoe or trench, furnishing and installing all schedule 40 gray electrical and rigid conduit and elbows to BTU specification and inspection. This estimate is contingent on developer clearing all rights of way of all trees and brush to BTU specifications. Any additional clearing or tree trim required of BTU will be at customer's non- refundable expense before job commences. The aid in construction portions of your fee can be paid at the Information Desk at 205 East 28th Street between the hours of 8:00am and 5:00pm, or it may be mailed in the enclosed envelope. This cost is subject to change after 90 days from the date of this letter. Use your assigned investigation number for The Barracks is 09-04-S-14749. For information regarding your investigation, please call 821-5770. Greg Burkhalter BTU-Line Designer DAMAGE WAIVER Bryan Texas Utilities ("BTU") has been required by the undersigned customer, or for other reasons, to dig a trench, to d1ill a hol e for a pole or for any other designated purpose, or to perfonn 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 undersigned customer agrees (1) to locate and mark any underground facilities such as water pipes, gas pipes, conduit, cable, or any other facility near or in the path of a ditch, and (2) to indemnify and hold BTU hannless from, and to assume all responsibility for any liability or damages arising from or relating to such work or service, including a11 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. 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 enter into this agreement. Location: Signed: Date: 9-L-tJ C/ Investigate# 6>9-0'f-S-l'l?c.J'f REVSED 8106 BTU STREET LIGHTING AGREEMENT THIS AGREEMENT, made th is 2_ day of ~ <) 1A7~MI by and between G4£E..J-5 /?fi&A:tf %NJ/E..Jm/lS ;LC£ hereinafter referred to as "Developer," and Bryan Texas Utilities, hereinafter referred to as "BTU". WITNESSETH: WHEREAS, the Developer has requested BTU to install street lighting ; and WHEREAS, the Developer has agreed to pay all installation and energy costs ; NOW THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES: 1. BTU shall install D street lights in the "1:?1.vr~c. IL5> ~ k~ ~ 7L- Subdivision . ------------------------- 2. Developer agrees to pay a monthly rate as prescribed by ordinance. This amount is to be billed to: Name: Z/./E. B4tfA'4C!CS dad Address: ----------------~ 3. The Developer agrees to pay all costs in connection therewith, in accordance with agreement including installation and energy costs until such time as other arrangements are made between BTU and the City of College Station. 3. BTU retains ownership of all light fixtures and all materials used to install the service lights on Customer's premises. Accordingly, BTU will maintain all lights free of charge to Customer where equipment is defective and/or fails due to normal wear and tear. A duly authorized representative of BTU shall be permitted to enter Customer's premises at all reasonable times in order to install, make any necessary repairs, maintain or remove the installation. 4. Customer is responsible for payment of repair or replacement of all equipment components which are damaged by vandalism. Further, it is the Customer's responsibility to notify BTU when a light fails. BTU will repair the light within seventy~ two (72) hours unle$S it is unreasonable to do so. IN WITNESS WHEREOF , the parties hereto have executed this Agreement on the date above written . BTU _____________ Date: ____ _ Group Manager -Distribution ~ (D~~~~ Date: 2--,Z-a9 State of Tex as § County Of Brazos § INV# 09-04-S-14749 § SUBDIVISION SERVICE CONTRACT KNOW ALL MEN BY THESE PRESENTS: THIS AGREEMENT is entered into the _2__ of ,.5~ 2009 and between Bryan Texa s Utilities, hereinafter "UTILITY", and Greens Prairie lnvestors![Lc of Brazos County, Texas, hereinafter the "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 residential area designated on the recorded plat as, The Barracks Subdivision Phase 2 Block 2,Lots 8 thru 33, Block 3, Lots 25 thru 48 (Name of subdivision, or major units, or sections of subdivision) In the County of Brazos, State of Texas, and described more fully as: The Barracks Subdivision Phase 2, Block 2, Lots 8 thru 33, Block 3, Lots 25 thru 48 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 $0.00 for the service line extension, and streetlights, as defined in Section Ill, said sum due and payable at the time of execution of this Agreement. Said sum shall be the estimated final cost of labor, overhead, materials, and right-of- way acquisition as outlined in the BTU Extension Policy. For underground subdivisions, the Developer shall be responsible for the ditching, boring, and installation of all conduit at the Developer's expense. SECTION 111. "Developer" hereby agrees to pay "UTILITY" the nonrefundable sum of $0.00 for ~ streetlights standards, on CONCRETE poles with 100-watt HPS luminaries on 6' arms with 120 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. -I ' • INV# 09-07-5-14749 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 deposit, which the Developer may have made with "UTILITY" as set out in Section II of this Agreement. Section VI 11. 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 th is 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 GREENS PRAIRIE INVESTOR LLC,OWNER/DEVELOPER BRYAN TEXAS UTILITIES DAN WILKERSON, GENERAL MANAGER DATE