HomeMy WebLinkAboutSUBDIVISION SERVICE AGREEMENTState of Texas
County Of Brazos
INV# 1207R20982
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SUBDIVISION SERVICE AGREEMENT
This AGREEMENT is
hereinafter "UTILITY ",
"DEVELOPER
KNOW ALL MEN BY THESE PRESENTS:
entered into the 13th of May, 2013 and between Bryan Texas Utilities,
and BCS Development Company of Brazos County, Texas, hereinafter
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,
Meadowcreek Subdivision Phase 5
(Name of subdivision, or major units, or sections of subdivision)
In the County of Brazos State of Texas, and described more fully as:
Meadowcreek Subdivision Phase 5, Blk 8 Lot 41, Blk 10 Lots 20A -40, Blk 12 Lots 7 -22, Blk 13
Lots 1 -11 & Blk 14 Lots 1 -10
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 $4,187.99 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 shall 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, 4 streetlights standards, on fiberglass poles with 100 -watt HPS luminaries with overhead
I underground distribution.
INV# 1207R20982
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 fine 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
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.
INV# 1207820982
Section XI I,
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
BC LOPMENT COMPANY
JE -NCH
ATE
BRYAN TEXAS UTILITIES
GARY MILLER, GENERAL MANAGER
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