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CM-09-07-133EXHIBIT A — WR 2949216 Turtle Creek Phase Three, Round Rock, Texas 1. Company agrees to install, own, operate and maintain said street lights in accordance with its street lighting agreement with customer. 2. All parties agree that Company will retain for its use and benefit the payment received hereunder in consideration of its obligation to install said street lights and that Company at all times has title to, and complete ownership and control of, said street lights. 3. Company is not liable for loss or injury caused by delay or failure to install the electric facilities necessary to serve customer because of delay in receiving shipment of required material, orders or formal request of governmental agencies, acts of God or the public enemy, inevitable accidents, fire, explosions, strikes, riots, war, or any other causes reasonably beyond control of the Company. If Company is prevented from installing such electric facilities by any of the above causes, Company agrees to return supplement to City, thereby terminating this supplement and Company's obligation to provide the electric facilities described herein. 4. This agreement is entered into subject to the terms of the Agreement for Street Lighting Service between City and Company. ACCEPTED BY COMPANY Jim F. Krumnow ACCEPTED BY CITY James R. Nuse, P.E. SIGNAT Efi IGNATURE TITLE New Construction Manager it E City Manager, City of Round Rock DATE SIGNED d/ z /Z o° 9 DATE SIGNED 77it -6 / ONCOR AGREEMENT FOR STREET LIGHTING SERVICE SUPPLEMENT WR 2949216 — Turtle Creek Phase Three City of Round Rock, Texas ("City") and Oncor Electric Delivery Company LLC, a Delaware limited liability company ("Company") City requests and authorizes Company to provide street lighting as follows below and on sketch(s) attached hereto and made a part hereof. Actions: Addition X Removal Action Qty Wattage Light Source Rate Schedule / Group Identifying Luminaire/Pole Type Location Address, etc.) (See Attached Sketch) A I 100 HPS A Cobra 25' Galvanized Steel 01 — 3735373 / 2769083 Gabriel Mills Dr Block Y, Lots 1 / 2 A 1 100 HPS A Cobra 25' Galvanized Steel 02 — 3735377 / 2768856 Gabriel Mills Dr — Block Y, Lots 5 / 6 A 1 100 HPS A Cobra 25' Galvanized Steel 03 — 3735407 / 2768595 Gabriel Mills Dr Block Y, Lots 11 / 12 A 1 100 HPS A Cobra 25' Galvanized Steel 04 — 3735456 / 2768315 Gabriel Mills Dr @Rices Xing Ln Block T, Lots 6/ 7 A 1 100 HPS A Cobra 25' Galvanized Steel 05 — 3735728 / 2768387 Heritage Springs Trl @Rices Xing Ln East side A 1 100 HPS A Cobra 25' Galvanized Steel 06 — 3735687 / 2768670 Heritage Springs Trl @Rolling Oak Dr SE corner A 1 100 HPS A Cobra 25' Galvanized Steel 07 — 3735903 / 2768682 Rolling Oak Dr Block BB, Lot 2 A 1 100 HPS A Cobra 25' Galvanized Steel 08 — 3736107 / 2768910 Rolling Oak Dr Block HH, Lot 1 A 1 100 HPS A Cobra 25' Galvanized Steel 09 — 3735902 / 2769013 Willow Way Block GG, Lots 8 / 9 A 1 100 HPS A Cobra 25' Galvanized Steel 10 — 3735727 / 2769114 Willow Way Block GG, Lots 4 / 5 A 1 100 HPS A Cobra 25' Galvanized Steel 11 — 3735569 / 2769271 Willow Way @Gabriel Mills Dr GG, Lot 1 Under these iddit;nnat .-nr,.1;i,,- o 1:c.,......\Block N P. j Ci) (O •-• 4. tr s Gabriel Mills Dr . N (0. • LC) • W L N N M Q)YCOT- c O N p CD co 0- 4zr i Oc,Q CD 'Z; r 4.; = 0 N s Q N 100 Watt HPS cl3 0 25' Galvanized Stee co .• V Heritage Springs Tr► DATE: July 8, 2009 SUBJECT: City Manager Approval—July 10, 2009 ITEM: Consider executing an Agreement for Street Lighting Service Supplement with Oncor Electric Delivery Company LLC for the Turtle Creek Phase Three (WR 2949216). Department: Engineering and Development Services Department Staff Person: Danny Ha!den, P.E., City Engineer Justification: Whenever street lights are provided in a new subdivision, Oncor Electric Delivery Company, LLC requires execution of a street lighting service supplement agreement to add the lights to the original street lighting agreement between Oncor and the City. Funding: Cost: Source of funds: $1,447.72 per year ($10.96 per street light per month) General Fund Outside Resources: Oncor Electric Delivery Company, LLC Background Information: Turtle Creek, Phase Three subdivision is a new single-family subdivision being constructed east of A W Grimes Boulevard. The developer is required by Chapter 8 of the Round Rock Code of Ordinances to install street lights along all new streets being constructed. Typically, once installed, the City pays a monthly charge to Oncor for the continued operation and maintenance of the street lights. The agreement supplement officially adds the Turtle Creek, Phase Three Subdivision street lights to the existing street lighting agreement between the City and Oncor, which requires the City to pay Oncor for operation and maintenance of streetlights. Public Comment: N/A DATE: July 8, 2009 UPDATED APRIL 2008 5172009 Request for City Council/City Manager Action 0 City Council D City Manager Submit completed form for all City Manager and City Council approvals. Department Name: EDS Contact Person: Chez Gordon / Kathy Michna Project Mgr/Resource: William Dobrowolski Project Coordinator. Assigned Attorney: Steve Sheets City Council or City Manager Approval Date: Agenda Wording For kEirsFra�iikigoONLY JUL 0 8 2009 Received: Tag #: i . Original Documents Received: Project Name: Turtle Creek, Phase Three ContractorNendor. Oncor Electric Delivery Company, LLC Funding Source: Additional funding Source: Amount: n/a July 10, 2009 Account Number. n/a Consider executing an Agreement for Street Lighting Service Supplement with Oncor Electric Delivery Company, LLC for the Turtle Creek, Phase Three (WR 2949216). Finance Information CI CI a Is Funding Required? Initial Construction Contract Construction Contract Amendment Change Order Change in Quantity Initial Professional Services Agreement Supplemental Professional Service Agreement Purchasing/Service Agreement Purchase Order Item(s) to be purchased Yes El No Ej JUnforeseen Circumstances Other (Please clearly identify action on lines below) 11 New 100 watt HPS unmetered streetlights to be added to the existing agreement with Oncor for continued operation and maintenance. Amount n/a Reuuired for Submission of ALL City Council and C Project Mgr. Signature:* °� ��/1'J ' Date: Dept. Director Signature • :.I. ,pate: qZ5 /0Lj, 'City Attorney Signatu Date: 7- !c-(4 City Manager Signature: Date: 7 -I -61 City Attorney signature is required for all items. REVISED 6/25/2009