Georgian Place-CS 991217BALFOUR TEXAS
TXU ELBC~C CON[PA.NY
BBLLB VISTA, L.L.P.
RELOCATE ONE WOOD STRUCTLrR]~
FOil PROPOSED DBlrELOP~
COPPELL, TEXAS
CONTRACT
960 11~ P. 02/0~
TXU Ble~c Company is tl~ owner and operator of the COPPELL-APOLLO ROAD 69
kV Line near the proposed development on Sandy Lake Road in Coppelk Tex~s
Belle Vista, L.L.P. desires and has requested Company to make cerr2iI1 adjilsl:mell~ to its
Coppctl-Apotlo 69 kV Line consisting of'relocating one existing wood pole structure.
Now, therefore, for and in consideration of the mutual covenants herein expressed, the
pardes a~ee as follows:
i)
Belle Vista L.L.P. will pay to Company its actual costs incun-ed for the relocamag
of one wood pole structure provide proper clearance for a proposed development
on Sandy Lake l~ad in Coppell, Te.x~s estimated to I~e 525,000.00. As used
herein, the term "acnml costs" shall include material costs, labor costs, overhead,
taxes, purchasing and stores expenses, contractor costs, and transportation costs.
Company agrees to deduct from such actual costs any salvage credit which
Company receives from mamdal removed as a result of the removal, relocation,
and installation of Company's faeilifies.
2)
Upon receipt of a fully executed duplicate original of this contract, Company will
promptly be~n. and thereafter diligently purstm, the necessary platming,
procurement of mamri~l ::and construction required to adjust its facilities in
at:cordance with t.h/s contract. Company shall not b~ liable for failure tn p~forrn
the terms of this contract or delays in performance trader this contract as a result
of weather conditions, in_~hility to procure material or delays m obtaining or
transportation of materials, or strikes and l~or disputes, or for oircumstances
which make it inadvisable to de-energize the existing line to be adjusted, or for
any other reason beyond Company's reasonable control.
3)
Belle Vista, L.L.P. may terminate thi~ contr~ by providing writte~ notice to
Company before actual work beans If Belle Vista, L.L.P. t~'minateS this conllact
under this p~h, then Belle Vista, L.L2. will reimburse and pay Company
all cos~ and expenses inctnred by Company in connection with any work and/or
operations undertaken p~t m thi.q COIll:I-~ inollldillg, withOllt limi~[ation,
actual costs and reimbursement (including overhead) to Company for
reconsm~tion of facilities n~cssary to restore Company's facilities to their
previously c~xistmg ~ndition or to a condition acceptable to Company, whichewr
is less costly.
Page 1 of 3
: t P, EL~/04
DEC-17-1999 09:20 BALFOUR TEXAS 9?2 960 1134
4)
All amomits due and. payzblc ~o Compmiy unctcr t~_~ contract sb,~l be paid to
Company in D~llas, Dallas County, Texas. Company m_~y r~ncter invoices to
Belle Vista, L.L.P. monthly and Belle Vista, L.L.P. agr~ to pay invoices with~
thirty. (30) days from r~ceipt of same. Interes~ ~ the rote of 1% per month stroll
accrue on ~ll pro~ress payments that are not pard within thirty (30) days of
rcc~ipn
5)
6)
7)
S)
On/y grade changes previously a~r~-~i to will be allowed within Company's
transmission line right-of- way withOUt furth~ ~l~mVal by Company.
To the extc-nt allowed by lzw, thc Belle Vista, L.L.P., its successors and assigns,
shall mdemrd~ Company, itz successors and its assi~, and hold it h,m-mle~s of
and from any and all actions, causes of action, claims, demands, damages, and
expenses, includ{ng a. rtomey's fees and other costs of litigation, for injuries to or
death of persons including employees of Company, employees of Belle Vista,
L.L.?., its conu'~tors and subcontrm:tors, and for damage to or dcsu'uction of
propen'y, including property of Company and Belle Vista, L.L.P., incurred,
whether directly or indirecdy, ~ a result of any work and/or any work md/or
operations undertaken pursuant to this conu-act that are the result of fault of Belle
Vista, L.L.P.
Thc m'rns and provisions of this contract shah extend to and be bmdin§ upon the
partics hereto, their assigns and successors in interest.
Company, when possible, will dc-energize the CoppcU-Apollo Koah 69kV Line
on a dmly basis when waf~ is being p¢fforrncd near or around the new strucna'e,
if requcst¢cl 48 hours in advance.
This contract embodies the complete a~reemem between the psrties hereto ~
supersedes any previous oral or written understandings and agreements. Ea~ pm'ty
:mlmowledges that no r~rcsent~tions, inducements, promises, or a~-cernents, oral or
othe~sc, trove be~ relied upon or made by any p~, or anyone on behalf of a party,
which zre not embodied~ herein, and th~ no other a~reemcnt, smmment or promise not
contain~ in this agreement shall be valid or binding.
of 3
DEC-17-1999 09:2_0 BALFOUR TEXAS
9?2 960 1134 P.04/04
This ¢onn'a~ is
Dared and effective this
day of
J r...l' ~f' ,1999
Transmission Engineering Manag~
Title
TXU Ble~jic Company
C_~orge Ta~ou~- Bell, Viral, L.L.?.
P~e 3 of 3
TOTAL P.04