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CM-2019-0247 - 8/16/2019k w _ Letter of Agreement Page 1 of 2 WR Number: 3448390 Transaction ID: 20335 ESLD #: - City of Round Rock ('Customer) has requested that Oncor Electric Delivery Company LLC, a Delaware limited liability company ('Company), provide additional electric facilities sufficient to provide electric service for 158.2 W ort lots /units at old Settlers Park - 3300 E palmvalley Blvd., Round Rock PAYMENT BY CUSTOMER No Cost to Customer - Pursuant to company's Tariff for Retail Delivery Service, the extension length or cost of the additional electric facilities is within the amount allowed by the Tariff and can be installed at no cost to the customer. aCost to Customer • Pursuant to company's Tariff for Retail Delivery Service, Customer is responsible for $ s payment for the Customer's portion of the cost of installation of Company's electric delivery facilities. Such payment to be and remain the property of the Company. Customer's payment In full is due at the time this agreement Is returned to Company. GENERAL CONDITIONS Company at all times shall have title to and complete ownership and control over said facilities Customer is responsible for providing, without cost to the Company- (1) suitable space on customer's premises for the installation of the facilities; and (2) rough site grading to final grade along the route of the facilities and clearing the area of all obstructions. Customer has disclosed to Company all underground facilities owned by Customer or any other party that is not a public utility or governmental entity, that are located within real property owned by Customer In the event that Customer has failed to do so, or in the event of the existence of such facilities of which Customer has no knowledge Company its agents and contractors, shall have no liability, of any nature whatsoever, to Customer, or Customer's agents or assignees, for any actual or consequential damages resulting from damage to such undisclosed or unknown facilities This agreement supersedes all previous agreements or representation, either written or oral. between Company and Customer made with respect to the matters herein contained, and when duly executed constitutes the agreement between the parties hereto and is not binding upon Company unless and until signed by one of its duly authorized representatives. This agreement, if not accepted within 30 days of the date of this letter, will be of no force and effect. Acceptance shall consist of delivery of an executed copy of this agreement to Company Please be aware that the start date of this project will be no earlier than three weeks following the execution of this agreement along with any payment that may be required pursuant to Company's Tariff for Retail Delivery Service A more definitive installation schedule will be provided upon your delivery of this agreement to assist in your planning for this project. Under normal circumstances and all Agreement Conditions are mel, construction will be completed within 90 days unless otherwise noted V,204q,02 V-7 WWW.ONCOR.COM DOCuSign Envelope ID: 886846A1-7DB7-45B4-8CB9-EO4BOCC18910 Letter of Agreement Page 2 of 2 WR #: 3448390 Transaction ID: 20335 OTHER SPECIAL. CONDITIONS ❑ All proposed Oncor Electric Delivery facilities necessary to provide service to the Customer are overhead ❑ Oncor will provide any/all civil construction necessary to install Oncor Electric Delivery underground facilities on the Customers premises, including labor and material. ® Customer has elected to provide the civil construction including material and labor to Company specifications, and without cost to Company required for Company facilities to reduce any CIAC amount owed and/or to improve overall project coordination ❑ Customer to trim trees to provide Gear Right of Way for proposed Oncor Electric Delivery facilities in accordance with Oncor Electric Delivery guidelines If City of Round stock agrees to the conditions set forth in this agreement, please execute the agreement and return to Company Representative *th•n 30 days ACCEPTED BY COMPANY ACCEPTED BY CUSTOMER Oncor Electric Delivery Company LLC City of Round Rock oocu8lgned by .tomer/Compan Name S' Ong%fjg%dative Signature ustomer Representative SignaGe Lauren Simpson City of Round Rock — Parks and Recreation Oncor Representative Printed Name Customer Representative Printed Name Project Manager I Utility Designer. Oncor Representative Title Custome0epresentative Tip 07/27/2019 1 2:49:08 PM CDT f,16 — Date Signed Date Signed WWW.ONCOR.COM DocuSign Envelope ID: 886846A1-7DB7-4584-8CB9-EO4BOCC18910 Oncor Electric Delivery Company LLC, a Delaware limited liability company Simpson. Lauren. #6187 512.244.5619 lauren.simpson@oncorcom City of Round Rock Katie Baker 221 East Main Street Round Rock, Texas 78664 New Service to OSP Ballfietds Statement of Charges Date: 7/27/2019 WR #: 3448390 Transaction ID: 20335 Services provided at: 3300 E Palm Valley Blvd Round Rock Williamson $6,225.87 I Total Amount Due Upon Receipt $6,225.87 Price quoted is valid for sixty (60) days from the date of this document. Remit payment per instructions below. Project will be scheduled upon Project Managers receipt of Executed Agreement(s).. ` Payment is expected within 30 days from completion date of project. * Please contact your Project Manager if you have any questions. EFT / Electronic Funds Transfer JP Morgan Chase Bank ABA No. (Wire) 021000021 ABA No. (ACH) 111000614 For Credit To: Oncor Electric Delivery Acct #: 08806169791 Once EFT has been initiated please forward confirmation number and transfer date to: Deborah.Gadd2@oncor.com Please make all checks payable to Oncor Electric Delivery Remit to: Lynne Gadd 317 N 2nd St Killeen TX 76541 .�� Please Include the WR # and Transaction 1D (as listed above) on all correspondence including your Check or EFT'. Failure to do so will cause unnecessary delays with your project. 6NCPR ONCR July 31, 2019 Oncor Electric Delivery Lauren Simpson 350 Texas Ave Round Rock. TX 78664 Office (512) 244 5699 Cell (512) 592 8334 City of Round Rock- Parks and Recreation ATTN: Katie Baker 301 Bagdad Avenue Round Rock, Texas 78664 WR Number: 3448390 RE: New Service for Old Settlers Park - 3300 E Palm Valley Blvd., Round Rock 78665 Ms. Baker, Enclosed please find executable copies of the Easement and Exhibit "A" with Oncor Electric Company LLC, a Delaware limited liability company. Please sign this cover letter, via DocuSign, indicating )our receinl of the easement documents and understanding of the requirements for a correctly executed easement, Please follow the directions below for executing the documents. • Please print out the document so that each page is on separate pages (no front and back). • Sign the document in front of a Notary Public Official in BLUE ink, along with initialing Exhibit "A" in the bottom ri ht corner as indicated. • Return the executed orieinal documents back to me at the address below as soon as possible, as to avoid any delay. Oncor Electric Delivery ATTN: Lauren Simpson 350 Texas Avenue Round Rock, Texas 78664 If any additional information is required. please feel free to contact me. Sincerely, D 5 d by - Ste. ®1851pB12FC4445 Lauren Simpson Project Manager I Utility Designer Oncor I Project Management & Design Services Please sign below indicating that you understand the requirements for an acceptable executed easement with Oncor Electric Company, a Delaware limited liabilit ompany City of hound Rock - Parks and Recreation! Name: Title: Sig is G Date: (} ( L PT# 2019-2974 District: KRT/RRK WR #: 3448390 ER# EASEMENT AND RIGHT OF WAY STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That the City of Round Rock, Texas, hereinafter called "Grantor", whether one or more, for and in consideration of Ten Dollars ($10.00) and other valuable consideration to Grantor in hand paid by Oncor Electric Delivery Company LLC, a Delaware limited liability company, 1616 Woodall Rodgers Freeway, Dallas, Texas 75202-1234, hereinafter referred to as "Grantee", has granted, sold and conveyed and by these presents does grant, sell and convey unto said Grantee, its successors and assigns, an easement and right-of-way for overhead and/or underground electric supply and communications facilities, consisting of a variable number of wires and cables, supporting structures, surface mounted equipment, conduits and all necessary or desirable appurtenances over, under, through, across and upon Grantor's land described as follows: SEE EXHIBIT "A" (ATTACHED) Grantor recognizes that the general course of said lines, or the metes and bounds as described above, is based on preliminary surveys only, and Grantor hereby agrees that the easement and right-of-way and its general dimensions hereby granted shall apply to the actual location of said lines when constructed. Together with the right of ingress and egress along and upon said easement and right-of- way and over and across Grantor's adjoining properties for the purpose of and with the right to construct, maintain, operate, repair, remove, replace, reconstruct, abandon in place, and to change the size and capacity of said facilities; the right to relocate said facilities in the same relative direction of said facilities; the right to relocate said facilities in the same relative position to any adjacent road if and as such is widened in the future; the right to lease wire space for the purpose of permitting others to string or lay wire or cable along said facilities; the right to prevent excavation within the easement area; the right to prevent construction of, within the easement area, any and all buildings, structures or other obstructions which, in the sole judgment of Grantee, may endanger or interfere with the efficiency, safety, and/or convenient operation of said facilities and their appurtenances and the right to trim or remove trees or shrubbery within, but not limited to, said easement area, including by use of herbicides or other similar chemicals approved by the U.S. Environmental Protection Agency, to the extent in the sole judgment of Grantee, as may be necessary to prevent possible interference with the operation of said facilities or to remove possible hazard thereto. Grantor shall not make changes in grade, elevation or contour of the land or impound water within the easement area as described above without prior written consent of Grantee. 509200 CORPORATE ONCOR 0l11UG DISTRIBUTION EASEMENT LAST REVISED 4128109 Grantor reserves the right to use the land within the above described easement area for purposes not inconsistent with Grantee's use of such property, provided such use shall not, in the sole judgment of Grantee, interfere with the exercise by Grantee of the rights hereby granted. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said Grantee, its successors and assigns, until all of said electric lines and facilities shall be abandoned, and in that event said easement and right-of-way shall cease and all rights herein granted shall terminate and revert to Grantor or Grantor's heirs, successors or assigns, and legal representatives, to warrant and forever defend the above described easement and right-of-way unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this lam' ' { day of , 2019. City of Round Rock, Texas B Name:avis Title: C�-- STATE OF TEXAS § COUNTY OF WILLIAMSON § BEFOREt undersigned authority, on this day personally appeared ,c V , as the 2 of the City of Round Rock, Texas, known to me to be the person whos6 name is sub§46ribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, in the capacity therein stated and he/she is authorized to do so. / —AGIVEN UNDER MY HAND AND SEAL OF OFFICE this day of a A. D. 2019. Ila Notary Public in a d for the State of exas �'yt Qy 52.3'02 CORPORATE ONCOR OHAJG DISTRIBUTION EASEMENT LAST REVISE® 4/26149 Legend ONCOR ELECTRIC DELIVERY, LLC EXHIBIT "A" r- niri SpM rs F110 1 Existing power Line S Denotes 30 ft, Wide Oncor Electric Delivery. LLC Easement The intent of this Exhibit is to pictorially show the approximate location of the easement. It is not intended as an actual survey. Calls shown are references only. No statement is made to the validity of these calls. Not to scale GRANTOR: City of Round Rock, Texas Inst.#: 1999050368 County: Williamson Legal Desc.: W. Donahoe, Jr. Survey, A-173 District: KRT 1 RRK WR#: 3448390 Initials: City of Round Rock IOVNO ROCK€XAS Agenda Item Summary Agenda Number: Title: Consider executing an Easement and Right of Way and related Letter of Agreement with Oncor Electric Delivery Company for the Adult Recreation Complex at Old Settlers Park. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 8/16/2019 Dept Director: Rick Atkins, Director Cost: $6,225.87 Indexes: 2017 General Obligation Bonds Attachments: WR_3448390_Old_Settlers_Park- _New_Service_- (1), WR_3448390_Old_Settlers Park_New_Service -_E, LAF - Oncor Easement for the Adult Recreation Complex 08 12 19 (00429621xA08F8) Department: Parks and Recreation Department Text of Legislative File CM -2019-0247 This item authorizes Oncor to provide a new meter for electrical service to serve the Adult Recreation Complex at Old Settlers Park. The Adult Recreation Complex at Old Settlers Park includes construction of two (2) lighted recreational softball fields, a small restroom facility, spectator seating and shade, flexible field space, and parking. This project will serve as the first phase of the Recreation Complex and will replace the two softball fields currently located in McNeil Park which will be removed as part of the Nutty Brown Development. Cost: $6,225.87 Funds: 2017 General Obligation Bonds Cffy of Round Rock Page 7 Printed on 9Haam