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Switching Stat-ES 930209CITY OF COPPELL BRAZO$ ELECTRIC 001 '"~©o~o'~ ~ Facsimile Cover Sheet ~00 COmpany: Citer of Coppell Phone; ~ ~'~ F~x: 214/393-0'948 From: AibLu A. Petter Compmay: Brazos 'Electric Power Cooperative. Inc. Phone: 817/750-6334 ~e: 02/09/93 cove,page: 3 Comm_e~t~: ,L [ T'~ OF C:OPF'ELL 002 02/09/93 12: 20 C I TY OF COPPELL 00~ .... ......... ~ ~Ul'~I g [~0~ oz/oe,/o3 oa:~ 'Cr.6:L7 7,. O~z ~(~I~6'L" ~-C. ~ ]~ZO$ ~00~/00: JOHN E. HOLLAND SUR. ,4 - 5t~ x, Oi, FFELL i~UEi:Li~' WO]~'~'' PO01 003 ~giC~[OLS, JACKSOR, ICiRIC & DILLARD F_~CSrMTLE CO'V'E-R ~Wn~ ii .~-i 12:iiPI.I FP!'l~l i,ii:i,H,i, LS A:_i~e,,;)},i KiRK TO /i,(1)P'P'ELL-PUBIi,C WORN, PUU, a ,llu~ ACCESS AGREEMENT COUNTY OF DALLAS STATE OF TEXAS This Access Agreement is between the City of Coppell, Texas, a municipal corporation (the "City"), and Brazos Electric Cooperative, ("Brazos"). WHEREAS, Brazos has maintained a switching station in the city limits of the City of Coppell as well as installed and maintained power lines in the City of Coppell right-of- way end on private property in the city limits; and NOW, THEREFORE, in consideration of the mutual covenants contained in this agreemer~t, the City and Brazos agree as follows: I. GRANT OF ACCESS The City hereby grants and authorizes Brazos access to streets, alleys, rights-of- way and (~ther city-owned property for the upgrading of its switching station as well as for mainte~ance and operations of power lines. In exchange for such access, Brazos agrees to pay the City of CoppeJl Sj ]..¢ per linear foot of power line within the city limits of the City Coppe, Texas. Such fee shall increase every fiscal year at the same rate as the ;onsumer Price Index but shall not exceed 5% per fiscal year. Furthermore, Brazos grees t~ relocate all power lines upon request of the City of Coppell. Such relocation hall be ~lolely at the expense of Brazos and will be relocated in a manner to ensure the ixpansiC~n of any street, road or highway designated by the City. Such relocation shall )e executed regardless of whether existing power lines lie in the City right-of-way or on )rivate I~operty. II. INDEMNIFICATION Brazos agrees to indemnify and save harmless the City from any liability or :iamages the City may suffer as a result of claims, demands, suits, judgments, costs or ~xpenses, Including the expenses of litigation and attorney's fees arising out of the use, ~aintenance, operation or relocation of the power lines or switching station installed and )perated by Braz0s. Such indemnity will extend from the date of the agreement to the :ermination of the agreement. Ifthe City, in the enforcement of this agreement, shall incur ~ecessary expenses, or become obligated to pay attorney's fees or Court costs, Brazos agrees to reimburse the City promptly for such expenses, attorney's fees or costs after receiving notice from the City of the incurring of such expenses, costs or obligations. The City agrees to give Brazos prompt written notice of any claim made against the City on the obligations indemnified by Brazos hereunder. III. ASSIGNMENT This Agreement is personal to Brazos. It is not assignable and any attempt to assign the rights or obligations under this agreement will terminate the Access Agreement. ~i- . ~: i~:ilfM PRuM Ni~iHOL$ JAiK¥O;,2 KiRK ?u :i'}PPELL-PY~Lio :i,DRT~ PO03 00o IV. TERMS This agreement shall be in effect for five years with an option for renewal. Upon election by both parties at such time, termiatlon of the agreement will be through written notice thirty (30) days before the end of the five-year term. Upon renewal, certain terms shall be subject to amendment. V. GENERAL PROVISION The validity of this agreement, the construction and enforcement of these terms and the interpretation of the rights and identities of the parties shall be governed by the laws of the State of Texas. No amendment, supplement or waiver of this agreement or any of its provisions shall be binding upon the parties hereto unless made in writing and duly signed by all parties. This agreement constitutes the entire agreement between the City and Brazos and supersedes all previous agreements, promises, representations, whether written or oral, between the City and Brazos with respect to the subject matter of this agreement. Any notices or other communications required are permitted to be given under this agreement, unless otherwise specifically provided, shall be duly given if sent by first class mail, postage pre-paid, to such party at its address set forth below and shall be effective ; of the date of actual delivery of the notice. Either party may change its address by a as provided herein. If to the City: City Manager, City of Coppell, P. O. Box Coppell, Texas 75019. If to Brazos: Brazos Electric Cooperative, 24-04 La Salle P. O. BOX 2585 Waco, Texas 76702~2585. IN WITNESS WHEREOF, the City and Brazos, each acting through its respective authorized representative, has caused this agreement to be signed in their names delivered as of the first date, first above wriffen. This agreement shall be effective on date signed below. CITY OF COPPELL By; Date: (Authorized Representative) BRAZOS ELECTRIC COOPERATIVE By.'. (Authorized Representative) Date; l~lC~O~g, JACKSO1{, ~ & DIZ,L.A.RD lgl)0 Lincoh~ 1~ DalL~ Te FAX (Z~.~0 ~,l . _ ~o~. 0 ~c~Otx. ACCESS AGREEMENT COUNTY OF DALLAS } STATE OF TEXAS } This Access Agreement is between the City of Coppell, Texas, a municipal corporation (the "City"), and Brazos Electric Cooperative, ("Brazos'). WHEREAS, Brazos has maintained a switching station in the city limits of the City of Coppell as well as installed and maintained power lines in the City of Coppell right-of- way and on private property in the city limits; and NOW, THEREFORE, in consideration of the mutual covenants contained in this agreement, the City and Brazos agree as follows: I. GRANT OF ACCESS The City hereby grants and authorizes Brazos access to streets, alleys, rights-of- way and other city-owned property for the upgrading of its switching station as well as for maintenance and operations of power lines. In exchange for such access, Brazos agrees to pay the City of Coppell $ per linear foot of power line within the city limits of the City of Coppell, Texas. Furthermore, Brazos agrees to relocate all power lines upon request of the City of Coppell. Such relocation shall be solely at the expense of Brazos and will be relocated in a manner to ensure the expansion of any street, road or highway designated by the City. Such relocation shall be executed regardless of whether existing power lines lie in the City right-of-way or on private property. II. iNDEMNIFICATION Brazos agrees to indemnify and save harmless the City from any liability or damages the City may suffer as a result of claims, demands, suits, judgments, costs or expenses, including the expenses of litigation and attorney's fees arising out of the use, maintenance, operation or relocation of the power lines or switching station installed and operated by Brazos. Such indemnity will extend from the date of the agreement to the termination of the agreement. If the City, in the enforcement of this agreement, shall incur necessary expenses, or become obligated to pay attorney's fees or Court costs, Brazos agrees to reimburse the City promptly for such expenses, attorney's fees or costs after receiving notice from the City of the incurring of such expenses, costs or obligations. The City agrees to give Brazos prompt written notice of any claim made against the City on the obligations indemnified by Brazos hereunder. Ill. ASSIGNMENT This Agreement is personal to Brazos. It is not assignable and any attempt to assign the rights or ot31igations under this agreement will terminate the Access Agreement. IV. YERMS This agreement shall be in effect for five years with an option for renewal. Upon election by both parties at such time, tarmiation of the agreement will be through written notice thirty (30) days before the end of the five-year term. Upon renewal, certain terms shall be subject to amendment. V. GENERAL PROVISION The validity of this agreement, the construction and enforcement of these terms and the interpretation of the rights and identities of the parties shall be governed by the laws of the State of Texas. No amendment, supplement or waiver of this agreement or any of its provisions shall be binding upon the parties hereto unless made in writing and daly signed by all parties. This agreement constitutes the entire agreement between the City and Brazos and supersedes all previous agreements, promises, representations, whether writter~ or oral, between the City and Brazos with respect to the subject matter of this agreement. Any notices or other communications required are permitted to be given under this a~lreement, unless otherwise specifically provided, shall be duly given if sent by first class mail, postage pre-paid, to such party at its address set forth below and shall be effective as of the date of actual delivery of the notice. Either party may change its address by a written notic~ as provided herein. If to the City: City Manager, City of Coppe~l, P. O. Box 478, Coppel~, Texas 75019. If to Brazos: Brazos Electric Cooperative, 2404 La Salle Avenue, P.O. Box 2585 Waco, Texas 78702-2585. IN WITNESS WHEREOF, the City and Brazos, each acting through its respective ~ly authorized representative, has caused this agreement to be signed in their names Id delivered as of the first date, first above written. This agreement shall be effective on ~ date signed below. CITY OF COPPELL By:. (Authorized Representative) Date: BRAZOS ELECTRIC COOPERATIVE By; Date: (Authorized Representative) AGC-~388A