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R2020-086 2020-05-18 RESOLUTION NO. R2020-86 A Resolution of the City Council of the City of Pearland, Texas, conveying an easement to CenterPoint Energy for electrical service to serve the traffic signal located at Kirby Drive and South Spectrum Blvd. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Easement attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby conveyed to CenterPoint Energy. PASSED, APPROVED, AND ADOPTED this 18th day of May, A.D., 2020. 4-Lc° TOM REID MAYOR ATT• T: -r•Y:TA LROAN, TRMC, CMCM(../...? P'R MO,��'''- CITY SECRETARY S1- APPROVED AS TO FORM: =v � ' +� ` Fq DARRIN M. COKER "" CITY ATTORNEY SHORT FORM BLANKET EASEMENT 3-PHASE OVERHEAD AND UNDERGROUND NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. STATE OF TEXAS } KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF HARRIS } THAT, City of Pearland, its successors and assigns, hereinafter referred to as "Grantor", whether one or more, for and in consideration of the sum of ONE DOLLAR ($1.00) CASH to Grantor paid by CenterPoint Energy Houston Electric, LLC, its successors and assigns, hereinafter referred to as "Grantee", whose principal address is P. O. Box 1700, Houston, Texas 77251-1700, has GRANTED, SOLD AND CONVEYED and by these presents, does GRANT, SELL AND CONVEY unto said Grantee, all or in part, a perpetual blanket easement, hereinafter referred to as the "Easement", for electric distribution and related communication facilities consisting of a variable number of wires and cables and all necessary and desirable equipment and appurtenances, including, but not limited to, towers or poles made of wood, metal or other materials, props and guys, hereinafter referred to as "Facilities", lying on, over, under, and across the following described lands owned by Grantor, ("Grantor's Property"), to wit: That certain 0.9234-acre tract of land out of and a portion of Lots 41 1/2 and 42 '/2 of Allison Richey Gulf Coast Home Co. Part of Suburban Gardens, a subdivision out of the James Hamilton Survey, Abstract 876, Harris County, Texas, according to the map or plat thereof recorded in Volume 3, Page 40 of the Map Records of said County and State, being the same property described in a deed from City of Pearland, of the County of Harris, Texas to City of Pearland, dated October 10, 2018 and filed for record under County 1 J:\JOB FILES\B2020\91718942\DOCUMENTS\91718942-1.DOC 03/19/20 ALH JOB 91718942-1 MAP 5350C2 S/C South Houston Clerk's File No. 2018-476731 of the Official Public Records of Real Property of said County and State, (the "Easement Area"). The Easement Area herein granted is a blanket easement and shall apply only insofar as the boundaries of Grantor's Property will permit. Grantee further reserves the right to extend services and drops within Grantor's Property and to adjacent land owners from said Facilities. Grantor or its successors or assigns shall observe and exercise all notification laws as per the Underground Facility Damage Prevention and Safety Act, also known as "ONE CALL" & "CALL BEFORE YOU DIG" when working in or near the Easement Area. To the extent that such laws and codes apply to Grantor, its successors and assigns, Grantor, its successors and assigns shall observe all safety codes and laws which apply to working along, within and or near the Easement Area and Facilities during construction activities and safe clearance from such Facilities, including the Occupational Safety and Health Administration ("O.S.H.A."), Chapter 752 of the Texas Health and Safety Code, the National Electric Code, and the National Electrical Safety Code. Grantor herein reserves the right to grant easements in favor of third parties across the herein described Easement Area in a near perpendicular fashion to Grantee's Facilities, the approximate locations of which are shown on Exhibit "A", attached hereto and made a part hereof, provided (i) no other utilities are permitted to cross within a vertical distance of twenty-four (24) inches of Grantee's below ground Facilities, (ii) no other facilities or structures shall be permitted longitudinally within a distance of five (5)feet of the centerline of any of Grantee's below ground and above ground Facilities, (iii) no other utilities or structures shall be permitted longitudinally within a distance of fifteen (15) feet of the centerline of any of Grantee's overhead Facilities, beginning at a plane sixteen (16) feet 2 J:\JOB FILES\B2020\91718942\DOCUMENTS\91718942-1.DOC 03/19/20 ALH JOB 91718942-1 MAP 5350C2 S/C South Houston above the ground and extending upward, hereinafter collectively referred to as "Grantee's Exclusive Easement Area", and, (iv) doing so does not, in the sole opinion of Grantee, endanger or interfere with the efficient, safe and proper operation and maintenance of Grantee's Facilities. If Grantor, its successors or assigns should, at any future date, request that the Easement Area herein granted be further defined, Grantee agrees, at Grantor's expense, to prepare a new, defined easement described by a sealed survey sketch. Defined easements shall be unobstructed and may be further described by, but not limited to, the following descriptions: 1.) A ten (10) foot wide easement (for above and below ground facilities); 2.) A ten (10) foot wide easement together with ten (10) foot aerial easements adjoining both sides of said ten (10) foot wide easement (for above ground and overhead facilities that are not along a perimeter); 3.) A ten (10)foot wide easement together with an adjoining eleven (11)foot, six (6) inch wide aerial easement (for above ground and overhead perimeter facilities); 4.) A fourteen (14) foot wide easement together with an adjoining seven (7) foot, six (6) inch wide aerial easement (for above ground and overhead perimeter facilities); 5.) An easement sixteen (16) feet wide and twenty-four (24) feet long (for Grantee's pad-mounted transformer station purposes). Grantee further agrees to release this Easement upon execution and delivery of the new defined easement by Grantor. Grantee shall also have reasonable rights of ingress and egress to and from said Easement Area, together with reasonable working space, for the purposes of erecting, installing, operating, maintaining, replacing, inspecting, and removing said Facilities, together with the additional right to remove from said Easement Area, all bushes, trees and parts thereof, or other structures which, in the opinion of Grantee, endanger or may interfere with the efficiency, safe and proper operation, and maintenance of said Facilities. 3 J:\JOB FILES\B2020\91718942\DOCUMENTS\91718942-1.DOC 03/19/20 ALH JOB 91718942-1 MAP 5350C2 S/C South Houston TO HAVE AND TO HOLD the above described Easement, together with all and singular the rights and appurtenances thereto in anywise belonging, unto Grantee forever, and Grantor does hereby bind itself and its successors, heirs, assigns, and legal representatives, to fully warrant and forever defend all and singular the above described Easement and rights unto said Grantee, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise. In the event of a deficiency in title or actions taken by others which results in the relocation of Grantee's Facilities, the Grantor herein, its successors and assigns, will be responsible for all costs associated with the relocation and/or removal of Grantee's Facilities. The terms, conditions and provisions contained herein constitute the complete and final agreement between Grantor and Grantee, (collectively the "Parties") with respect to the subject matter hereof and supersede all prior agreements, representations and understandings of the Parties and, by Grantor's signature affixed hereto and Grantee's use of the Easement, the Parties evidence their agreement thereof. No oral or written agreements made or discussed prior to, or subsequent to, the execution of this Easement shall supersede those contained herein. Any and all revisions, amendments and/or exceptions to the terms, conditions and provisions contained herein shall be in written, recordable form and executed by both Parties, or their respective successors or assigns in order to be deemed valid. [SIGNATURE PAGES TO FOLLOW] 4 J:\JOB FILES\B2020\91718942\DOCUMENTS\91718942-1.DOC 03/19/20 ALH JOB 91718942-1 MAP 5350C2 S/C South Houston EXECUTED this I qday of , 20 X0 . City of Pearland BY: / Signature a/4,i It .-:51 V °,. Name typed or pited ��(' 9M5 Lacw 5.- -/-0-I-0-N.CI Title STATE OF T.,9 } COUNTY OF 11P1OCWe.i c._ } BEFORE ME, the undersigned aut Ity, aetWry Public in and for the State of Texas, on thi a per onally appeared -e ax Din i �,� of ity of Pearland, known to me to be the person whose n me is sutscribed to the foregoing instrument and acknowledged to me that ( ) he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said city. Given under my hand and seal of office this 11 day of ,d , , 20V. prioll, ....---- ota '. Signature 61441 Ai eRPCil.rt Name ped or printed I r 07'1. aoa.ii- Commission Expires 5 J:\JOB FILES\B2020\91718942\DOCUMENTS\91718942-1.DOC 03/19/20 ALH JOB 91718942-1 MAP 5350C2 S/C South Houston ATTACHMENT AFFIDAVIT STATE OF TEXAS } COUNTY OF HARRIS } BEFORE me the undersigned authority on this day personally appeared the &I, UA i,lof Cit 14ar511 of?lPearland, hereinafter referred to as Affiant, who being duly sworn, deposes and says that Affiant is the current owner of the tract of land described in an easement instrument executed by the same on even date herewith, said tract of land is further described as follows: That certain 0.9234-acre tract of land out of and a portion of Lots 41 1/2 and 42 1/2 of Allison Richey Gulf Coast Home Co. Part of Suburban Gardens, a subdivision out of the James Hamilton Survey, Abstract 876, Harris County, Texas, according to the map or plat thereof recorded in Volume 3, Page 40 of the Map Records of said County and State, being the same property described in a deed from City of Pearland, of the County of Harris, Texas to City of Pearland, dated October 10, 2018 and filed for record under County Clerk's File No. 2018-476731 of the Official Public Records of Real Property of said County and State. Affiant further says that the said premises have been held by Affiant, that possession thereof has been peaceable and undisturbed, and that the title thereto has never been disputed or questioned to Affiant's knowledge, nor does Affiant know of any facts by reason of which said possession or title might be disturbed or questioned, or by reason of which any claim to said premises, or any part thereof, might arise or be set up adverse to this Affiant. 6 J:\JOB FILES\B2020\91718942\DOCUMENTS\91718942-1.DOC 03/19/20 ALH JOB 91718942-1 MAP 5350C2 S/C South Houston n a7 EXECUTED this 4/ day of , 20p). City of Pearland BY: , . Sign 1 it C.1, rim Title dew L. C3&63 Name typed or printed 21� SUBSCRIBED and SWORN before me this day of qal , 20 Zt7. .e N:.7 / Signature CRYSTAL N ROAN i 5 k1V . +o��.`�:`� Notary Public, N Taws Name ed or printed . 1• My Commission Expires\ January 29,2024 /.a9 ao or�Ni NOTARY ID 1057222-1 Commission Expires AFTER RECORDING RETURN TO: SURVEYING&RIGHT OF WAY CENTERPOINT ENERGY HOUSTON ELECTRIC,LLC P.O.BOX 1700 HOUSTON,TX 77251-1700 7 J:/JOB FILES\B2020\91718942\DOCUMENTS\91718942-1.DOC 03/19/20 ALH JOB 91718942-1 MAP 5350C2 S/C South Houston C CenterPoint SHEET 1 OF 2 Energy GENERAL LOCATION SKETCH LAMBERT SECTION KEY MAP FUNCTIONAL LOCATION SCALE CIRCUIT ORDER NO. 5350 C2 812D EXHIBIT "A" N. T. S. 91718942 1 i it i I I I I PL I /jr/ i I c'lif EXIST I MHu11814 - - _.- r. �' S SPECTRUM BLVD w i > 1 i O >- 1 ix 1 n-,u / I _.-._.-.-.-._.-._.f�---- 111 - J - /EXIST City of Pearland I MHu11633 CCF# 2018-476731 I Called 0.9234 Ac. PL i II i I VICINITY MAP I CONDUITS TO BE USED THE FOLLOWING WAY I ,___------- -1-4)- i-. _ ; i , 41111 8 I W RILEY RD N SPECTRUM 410 SITE�(1,� • �®, a 7 S SPECTRUM I 0 1 1 i l CCenterPoint Energy SHEET 2 OF 2 DETAIL SKETCH LAMBERT SECTION KEY MAP FUNCTIONAL LOCATION SCALE CIRCUIT ORDER NO. 5350 C2 612D EXHIBIT "A" N. T. S. —1 91718942 I I I / / (1/1"----- S SPECTRUM BLVD i I I I 1i L , u 04 V M1 CURB 1 1 I I ii E' X 1L' FOO EASEML: OF TO BE ACQUIRED I 1 SIDEWALK j I SIDEWALK FE• I �I SW1 Millaill SWF t / I / r I I Fir A ii 1I moo, / / i I Arr — i� NN_A 10' EASEMENT L.LN1E=L / / THE CONDUITS TO BE ACOUIP I / / / w.-' il I 1,-- A 10' EASEMENT CENTERED 0': o (I: 11633 THE CONDUITS TO BE ACQUIRE Y 1 — - - - - - - - ----- ----SPL_-- --- - - 1 I I 1 I EASEMENT 1 N 1EN'FRED ON THE h0NHOL.E LIL '—C>-IETING LARGE THREE HAY MANHOLE fMH11033 i �IIE II I , 5-EXITING 10 EASEMENT LENTERED ON THE fi_,NHHITE 1 fl TERMS AND CONDITIONS UNDERGROUND ELECTRIC SERVICE • FOR CITY OF PEARLAND Lower Kirby Traffic Light at S Spectrum Intersection of Kirby Drive and S Spectrum Boulevard, Pearland, Texas, 77047 Job#90696796 . CenterPoint Energy Major Underground Projects P. O.Box 1700;Houston,.Texas 77251-1700 REFERENCE CITY OF PEARLAND DRAWINGS: Site Plan Drawing#: Site Plan Received: September 24,2019 Electrical One-Line Drawing#: One-Line Dated: May 1,2019 Load Analysis Drawing#: Load Analysis Dated: May 1,2019 REFERENCE CENTERPOINT ENERGY SPECIFICATIONS: Service Standards • September 7,2018 Emergency Generators • 007-231-82 Ready-Mix Concrete : 007-221-01 Harmonic Distortion • 007-231-83 � Z6 Z"zu Reviewed And Agreed To By: � �''�� 411Vu - title Date g / CA/30 V Print •4ame If this Terms and Conditions package is signed by anyone other than an official from City of Pearland, it will not be considered valid. A valid signature will be considered an acceptance of all information contained within this Terms and Conditions package. • CenterPoint Energy Houston,Texas WRITTEN NJF 11/22/2019 CHECKED MJA 11/22/2019 APPROVED DKJ � 11/22/2019 SHEET F14 SHEETS NO, DATE ITEMS REVISED NY CH APP PM 4839 Job# 90696796 GENERAL • • A. These Terms and Conditions are for a service arrangement for City of Pearland. City of Pearland and/or its contractors/representatives are herein referred to as the Customer. B. Service to be provided by CenterPoint Energy (CNP) from a Single Phase 2Line/lLoad Manual Transfer switch and a 25 kVA, 19.92 kV-240/120 V,single phase,three wire, pad mounted transformer. C. The CNP Major Underground Projects (MUG) representative is Nelson Figueroa at 713- 207-6365 or nelson.figueroa@centerpointenergy.com. D. The Customer must comply with all CNP Service Standards,the National Electrical Code, the National Electrical Safety Code, all Occupational Safety and Health Administration (OSHA)requirements,the International Building Code and all local governing body codes. E. During installation of CNP equipment, CNP will make every effort to preserve the Customer's landscaping,parking areas,or other facilities. However,any cost that has been quoted to the Customer does not include any special replacements or repairs to these items. The Customer shall be solely responsible for any expenses associated with replacements or repairs to its facilities. F. The service arrangement outlined in these Terms and Conditions is based on the Customer drawings referenced on page 1. Any changes in the design as illustrated in the referenced drawings may impact GNP's ability to meet the Customer's requested service date. G. Any changes, additions, deletions, rearrangements, relocations, rerouting, reduction of clearances,etc., of the Customer's and/or CNP's service facilities illustrated in these Terms and Conditions shall have MUG's approval and may require a revised Terms and Conditions. It is the Customer's responsibility to coordinate the location of all Customer installed facilities outlined in these Terms and Conditions with all other structures and/or • appurtenances not shown in the referenced drawings. • H. Contact the MUG representative concerning Customer drawing revisions, information submission, questions,Terms and Conditions revision requests, etc. I. Hard copy submittals may be mailed to the MUG representative (address — 3000A Harrisburg Blvd. —Houston, Texas 77003). Electronic submittals may be e-mailed to the MUG representative. The MUG representative will;"approve the submittals","approve the • submittals as noted" or"not approve the submittals". The Customer shall not install any item that requires CNP approval before receiving an official approval from MUG. CNP shall not be responsible for any installed item that has not received MUG approval. e 1REVISION NO. SPECIFICATION NO. I SHEET 2 OF 14 SHEETS Job# 90696796 SERVICE CONNECTION A. The Customer's maximum number of secondary cables that can be terminated in CNP's pad mount transformer is 5-350 MCM cables per phase. The Customer shall advise the MUG representative, about the type, size and number of secondary conductors. Ampacity equivalent sets of cable must be individually approved by the MUG representative prior to installation by the Customer. If the Customer's cable requirements exceed this specified maximum limit, it cannot be served directly from the pad mounted transformer. The Customer shall then install, own,and maintain a cable tap box(CTB)(See Section D). B. On installations not utilizing a CTB, the Customer shall furnish, own, and maintain all secondary service conduit and cable underground into the secondary opening of the transformer pad. Secondary conductors shall be extended a minimum of seven feet (7') above the transformer pad. The Customer shall not install the secondary cables until after the transformer has been set. CNP will terminate the secondary cables in the transformer. C. To accommodate future expansion,the Customer may install up to 5-4" secondary conduits into the transformer pad. D. On installations utilizing a CTB,CNP shall furnish,own,install and terminate the secondary cable from the transformer to the CTB at the Customer's expense. The Customer shall furnish, install, own and maintain the CTB, the CTB pad, and 11-4" conduits from the secondary opening of the transformer pad to the CNP side of the CTB pad. The Customer shall install and terminate the secondary cable from its side of the CTB to its switchgear. Typical three-phase CTB drawings are available upon request. The Customer shall submit three (3) drawings of the proposed CTB to the MUG representative for approval prior to fabrication. E. The initial available short circuit current is 6,200 amperes symmetrical, with an X/R ratio of 1_1. F. The ultimate available short circuit current is 49300 amperes symmetrical, with an X/R ratio of 3.6. • G. Customers receiving electrical service from multiple sources will be required to install a permanent plaque or directory at each source in accordance with Article 230.2 of the National Electrical Code (NEC). These plaques are to signify that there is more than one• electrical service to the building. The Customer shall keep the power from each source separate throughout its entire electrical system. This requirement is for the life of the service. I. A protective device coordination study for the Customer's service relative to GNP's • protective devices may be requested by contacting the MUG representative. • I FI .E VISION NO. (SPECIFICATION NO. SHEET 3 OF 14 SHEETS Job# 90696796 ACCESS • The Customer must provide a twelve foot (12') minimum width, fourteen foot (14') minimum vertical clearance,all weather,vehicle access road designed for HS-20-44 loading as recognized by the American Association of State Highway Officials(AASHO),for CNP personnel and equipment ten feet(10') past the side of the proposed pad mounted equipment location. In addition, the area • adjacent to the pad must be designed for HS-20-44 loading to allow for outrigger placement. If the access road and the pad mounted equipment location have not been completed and passed final inspection(see Final Inspection,page 7)at the time the Customer requests the equipment be set,the equipment can only be set under the following conditions. A. MUG has determined that the access route is dry and readily accessible to GNP's normal installation equipment. B. The Customer shall be responsible for all expenses associated with the repair and/or replacement of CNP pad mounted equipment damaged by additional construction activity. Damage to CNP equipment may result in delays to the Customer's requested service date. C. CNP will not complete the underground construction(i.e. pulling&terminating cable, energizing the service,etc.)until the access road and pad mounted equipment location have passed final inspection(see Final Inspection, page 7). The Customer must provide a thirty two foot(32') minimum vertical clearance over all equipment pads for CNP trucks and equipment. The Customer must maintain these requirements for the life of the service. CNP will utilize the Customer's parking and driveway facilities for the required access. EMERGENCY GENERATION AND SECONDARY LOAD TRANSFER Customer installed Emergency Generators and/or Secondary Load Transfer schemes shall meet the requirements of the CNP Specification on Customer Emergency Generation and Secondary Load Transfer,Specification 007-231-82,latest revision(available upon request). This requirement is for the life of the service. Generator exhaust must be located and/or directed away from CNP's equipment. HARMONIC DISTORTION The Customer shall meet the requirements of the CNP Specification on Limitation of Harmonic Distortion on the Distribution System, Specification 007-231-83, latest revision (available upon request). This requirement is for the life of the service. ;REVISION NO. SPECIFICATION NO. ' SHEET 4 OF 14 SHEETS ,.,•w +eui,w,re,�us+rrxr4farerdt. AMMO` ti Job# 90696796 • METERING A. The Customer's metering arrangement must comply with CNP Service Standards, Section 400 or 500 as applicable. B. The metering current and potential transformers (CT's and PT's) will be installed in the secondary compartment of the transformer provided all service from the transformer is through • one meter. If all the services are not through one meter,the Customer shall inform the MUG • • representative,so that alternate metering provisions can be arranged(separate CT and PT cans as required for each service). C. All Retail Customers must be metered separately. D. Meter Room and/or Modular Meter installations must have CNP written approval prior to the purchase/installation of materials/equipment. The Customer must submit applicable drawings to the MUG representative for approval. FACILITIES INSTALLED BY THE CUSTOMER All facilities are to be installed per the attached construction specifications. The Customer or its contractor is to request a preconstruction meeting prior to starting the required underground construction by visiting the website shown below. All facilities shall be inspected by CNP after the conduit is installed, pads are formed, reinforcing rods installed, etc. but prior to the pouring of concrete. CNP recommends that the Customer complete the pouring of concrete on the day the facilities are inspected and approved. The Customer will insure that all inspected and approved facilities remain in the approved condition until the concrete pour has been completed. If there is damage to the inspected and approved facilities prior to the pouring of concrete,the facilities must be re-inspected by CNP before the Customer begins the pouring of concrete. CNP reserves the right to require the Customer to break out any unapproved concrete pours at its expense. CNP will make a reasonable attempt to complete all inspection requests. To ensure that inspection requests can be fulfilled,they should be made prior to 5 p.m.the business day before the requested inspection to Major Underground Projects at http://www.centerpointenergy.com/en- .: us/pages/mugform.aspx. Job It 90696796 must be provided as the inspection identification number. • PLAN AND PROFILE DRAWINGS • The Customer must provide plan and profile drawings for the installation of all underground • facilities around the construction area. The Customer is also required to obtain all applicable construction permits from the appropriate governing authorities. The plan and profile drawings must be in accordance with CNP standards attached. These drawings must be approved by CNP and the appropriate governing authorities before beginning the installation of underground facilities (duct bank, manholes,etc.). It is recommended that the Customer meet with the MUG representative to discuss the preparation of the drawings. The Customer shall supply CNP with mylar originals and electronic files of the approved final drawings. !REVISION NO. SPECIFICATION NO. SHEET 5 OF 14 SHEETS Eg ? Job#90696796 PLAN AND PROFILE DRAWINGS (continued) • CNP will keep the original approved drawings on file and furnish one(1)copy to the Customer. If the Customer requests additional copies,CNP will arrange to supply copies or reproducible mylars at the Customer's expense. If the actual installation differs from the proposed routing on the drawings,then the Customer shall provide CNP with one(1)set of bluelines,marked in red pencil,to indicate AS BUILT corrections. DUCTBANK INSTALLATION All proposed conduit for CNP's use is to be installed in straight runs,unless otherwise indicated on CNP drawings. Any conduit bends must be installed with a twenty foot (20') minimum radius, unless indicated otherwise on CNP drawings. Conduit turn-ups into any equipment pad and/or pole pedestal must have a minimum five foot(5')radius. Any deviations from these requirements shall have written approval from the MUG representative prior to installation. During installation,the minimum depth for a conduit run must be referenced to the final grade. The Customer is to delay installation of approximately the last twenty feet(20') of the conduit run and the pole pedestal to any terminal pole until the pole has been set by CNP. Before trenching to the base of any terminal pole, the Customer must securely brace the pole. The Customer must request staking and setting of any terminal pole by contacting the MUG representative. The Customer must provide a jet line in each conduit installed. This jet line shall extend a minimum of seven feet(7')beyond the end of each conduit. For installations not utilizing a blanket easement document(see Easement Instrument section,page 7),the Customer shall also install a#14 American Wire Gage(AWG)or larger aluminum or copper 600 volt insulated conductor in one of the conduits. The conductor must be electrically continuous. For manhole installations, the electrically continuous conductor must also be looped through each manhole lid and tied to a concrete insert in the neck of each manhole. This conductor is to facilitate • surveying of the duct bank by CNP. The duct bank cannot be surveyed until this conductor is installed as prescribed. The Customer must take adequate measures to assure the conductor will be in place until all necessary surveying is completed. After surveying of the duct bank is completed, but prior to CNP installing any primary cable,the Customer may retrieve its conductor at its option. Conduit ends shall be plugged with a duct cap or other type capping device..The use of rags to plug conduits is not acceptable. If the conduit is installed in stages,the Customer must keep each section of conduit capped until the new section is installed. If,prior to CNP using any conduit,the conduit is found to be blocked, the Customer will be responsible, at its expense, for removing the obstruction. CLEARANCES Final approval for the location of the pad mount equipment and/or other proposed electrical installation is contingent upon proper clearance,as determined by CNP,from cooling towers,vents, buildings, structures, etc., and other underground utilities. It is in the Customer's and GNP's best interest to have all service equipment in a contamination-free environment to avoid unscheduled outages and/or premature equipment failures. Therefore, prior to any construction, the Customer shall inform the MUG representative of any existing or future contamination or pollutants which may affect the equipment so that necessary clearances can be secured. REVISION NO. 4SPECIFICATION NO. 1 SHEET 6 OF 14 SHEETS Job# 90696796 i CLEARANCES (continued) The MUG representative shall be notified promptly if the Customer intends to install any obstructions such as walls,hedges,bushes,trees,etc.,around the transformer and/or any associated equipment so that additional clearances and access can be secured. Any proposed enclosure surrounding CNP's equipment must be Iouvered,and both a profile and a cross-sectional view of the proposed louvered enclosure shall be submitted for approval prior to installation. If, in the future,there is a problem with contamination of CNP's equipment, or proper clearances are not maintained, CNP reserves the right to relocate the equipment at the Customer's expense. CNP will not allow other facilities to pass beneath its equipment pads. A one foot(11) minimum horizontal clearance shall be maintained between CNP pads and all other facilities. A one foot(1') minimum vertical clearance must be maintained between CNP duct banks and all non-CNP facilities crossing the duct bank. A five foot (5') minimum horizontal clearance must be maintained between CNP duct banks and other facilities running parallel to the duct bank. CNP will not allow joint trenching between CNP duct banks and other facilities. ELEVATION REQUIREMENTS The minimum elevation requirement for the top of the equipment pads shall be fifteen feet(15') above mean sea level and two feet(2') above the documented 500-year floodplain. The Customer must provide equipment pads that meet these elevation requirements. The easement (minimum working clearance) around the equipment pads shall also be brought up to the above mentioned minimum elevation, as outlined on the equipment pad detail specification. The easement area surrounding the equipment pads shall not have a slope greater than 2%. The pad and minimum easement elevations(minimum working clearance)must be verified at the time of installation. VENTILATION REQUIREMENTS Any proposed barriers or enclosures in the vicinity of the equipment pads shall maintain a minimum of 50% free air flow. Prior to construction, the Customer shall submit drawings of the proposed barriers or enclosures to MUG Projects Representative for approval. FINAL INSPECTION After the Customer has advised CNP that all"Customer installed"facilities pertaining to this service arrangement have been completed and inspected,a final on-site inspection will be made by a MUG representative. This final inspection will verify that all Customer installed facilities are in accordance with these Terms and Conditions. The Customer(or its contractor)and the Service Area Consultant will be advised of any needed corrections and/or changes. When all necessary corrections and/or changes have been completed,GNP's portion of the construction may begin. EASEMENT INSTRUMENT CNP will prepare an instrument for easements to be granted by the property owner after all installations for CNP's use have been completed according to these Terms and Conditions. The service cannot be energized until CNP has accepted the signed instrument for all easements. REVISION NO. 1SPECIFICATION NO. SHEET 7 OF 14 SHEETS Job# 90696796 EASEMENT INSTRUMENT (continued) The Customer also has the option of signing a blanket easement document. Use of the blanket easement allows the service to be energized before the final signed instrument for all easements has been completed. The Customer may request use of the blanket easement document by contacting the MUG representative. CNP will need access to and from the proposed easements. CNP will use these easements,as shown on the attached sketches, for the purposes of erecting, installing, operating,maintaining,replacing, inspecting and removing electrical distribution facilities.The Customer shall keep these easements free and clear of any obstructions(trees,shrubs,other structures,etc.)that may endanger or interfere with the efficiency,safety,and proper operation of the proposed facilities for the life of the service. INDEMNIFICATION AND LIABILITY LIMITS Indemnity: This indemnity is pursuant to Company's Tariff located on our website at www.centerpointenergy.com. RETAIL CUSTOMER ASSUMES THE RISK OF AND SHALL INDEMNIFY COMPANY AGAINST DAMAGES FOR INJURIES OR DEATH TO PERSONS OR LOSS TO RETAIL CUSTOMER'S PROPERTY,OR TO THE PROPERTY OF COMPANY,WHEN OCCASIONED BY ACTIVITIES OF RETAIL CUSTOMER OR THIRD PARTIES ON CUSTOMER'S PREMISES, RESULTING FROM THE INSTALLATION, EXISTENCE, REPLACEMENT, OR REPAIR OF COMPANY'S UNDERGROUND FACILITIES, AND AS FURTHER PROVIDED IN THE TERMS OF "LIMITS ON LIABILITY," SECTIONS 4.2 AND 5.2 OF THIS TARIFF. NOTWITHSTANDING ANY OF THE ABOVE, THE PROVISIONS REQUIRING A RETAIL' CUSTOMER TO INDEMNIFY, FULLY PROTECT, OR SAVE COMPANY HARMLESS APPLY TO A GOVERNMENTAL ENTITY AS THIS TERM IS DEFINED IN CHAPTER 2251 OF THE TEXAS GOVERNMENT CODE, TO THE EXl'ENT OTHERWISE CONSISTENT WITH LAW; PROVIDED,HOWEVER,THAT ANY GOVERNMENTAL ENTITY THAT IS A RETAIL CUSTOMER TO WHICH THIS SUBSECTION 2.5 APPLIES MUST TAKE NECESSARY STEPS TO ENSURE THAT THE INDEMNIFICATION REQUIREMENTS OF THIS SUBSECTION 2.5 DO NOT CREATE A "DEBT' IN VIOLATION OF ARTICLE XI, SECTION 7 OF THE TEXAS CONSTITUTION. SUCH STEPS MAY INCLUDE, BUT ARE NOT NECESSARILY LIMITED TO,A THIRD-PARTY INDEMNIFICATION IN WHICH THE CONTRACTOR PERFORMING THE WORK FOR THE GOVERNMENTAL ENTITY INDEMNIFIES THE COMPANY OR THE ESTABLISHMENT OF A SINKING FUND. (See Governmental Entity Addendum if applicable.) (REVISION NO. (SPECIFICATION NO. I SHEET 8 OF 14 SHEETS CenterPoint SHEET 9 OF 14 4111Ht16iiiiV JOB# 90696796 GENERAL LOCATION SKETCH LAMBERT SECTION KEY MAP FUNCTIONAL LOCATION SCALE CIRCUIT ORDER NO. ' N. T. S. S041 91718942 5350 C2 6120 i 'I• CITY OF PEARLAND (CUSTOMER) AND/OR ITS CONTRACTOR Iil IS TO REQUEST A PRECONSTRUCTION MEETING ' 111 HTTPR//WWW.CENTERPOINTENERGY.COM/ENIUS/TO STARTING CONSTRUCTION BY ING ' 111 PAGES/MUGFORM.ASPX I. •1' CENTERPOINT ENERGY (CNP) TO UTILIZE fill THE CUSTOMER'S PARKING AND DRIVEWAY III FACILITIES FOR EQUIPMENT ACCESS i 11,1 lit III •1 • PIT III 1 1 1--- /lit ll} EXIST MH#11814 _ 111 •` el, — —.--.r-- - `11 S SPECTRUM BLVD I, > 111 1• o o 1 M 7 I c� P 11L - TRANSFORMER PAD 8 • }J� EXIST SWITCH PRO DETAIL. SHEET 10 OF 14 I, MH#11633 '1 i• PL I • Ili I. ,11 i 4• liI VICINITY MAP 11 �I, ' CONDUITS TO BE USED THE FOLLOWING WAY 1 III I. a ° 4 • 1, {,I ° �' 10, 1CD1 °Q 88 1 W RILEY RO N SPECTRUM v ° a SITE D o �II� ill LS 5 SPECTRUM �, ` I ! , re w W. v o 111 P141. a 0A . x ° ® L® ce Y 41i >-.1 4,1 • . ?rPoint SHEET 10 OF 14 JOB# 90696796 40----Energy DETAIL SKETCH LAMBERT SECTION KEY MAP FUNCTIONAL LOCATION SCALE CIRCUIT ORDER NO. 5350 C2 6120 N. T. S. S041 91718942 fI IS SPECTRUM BLVD f , . i I lit .2..A71i47 1 I dW 6 Ay CURB I I III ' A 28' X 12' PAD EASEMENT J ) TO BE ACQUIRED 5' X 5' PAD FOUNDATION BY --SIDEWALK THE CUSTOMER PER SPEC 80-210 441" . 2-4" CONCRETE ENCASED PVC CONDUITS BY THE CUSTOMER PER SPEC DLFS2C (33'± I � --SIDEWALK 6' X 6' SWITCH PRD FOUNDATION BY .0 o 0 ./11/1001 THE CUSTOMER PER SPEC 80-620 . .4ip!I LI Pr 7i 1 1 1` T1 JIM I CNP TO INSTALL DUCTBELL TERMINATORS AND 5 FEET I � OF 6-6" AND 3-4" CONCRETE ENCASED CONDUITS TO ; , FACILITATE THE EXTENSION OF THE• CONDUITS ' f �._-J 00 / ".4 •o°o J J f 00 IF -� ' + L — �/ / —A 10' EASEMENT CENTERED ON — / THE CONDUITS TO BE ACQUIRED { I -• 3-4" CONCRETE ENCASED PVC CONDUITS I -/ �BY THE CUSTOMER PER SPEC OLFS2C (33'±l /-- ENCASEDTCONDUITSCBYOTHECTE CUSTOMER PER SPEC OLFS2C Lu , O I I I I A 10' EASEMENT CENTERED ON > —: 1633 THE CONDUITS TO BE ACQUIRED o H - I -6-6" FROM MH 11633 TO STUBOUT (1S'1 ) Y I 3-4" FROM MH 11633 TO SWI (33'±) CONCRETE ENCASED PVC CONDUITS I BY THE CUSTOMER PER SPEC OLFS2C NOTES EXISTING 20' X 20' EASEMENT CNP WILL NOT ALLOW OTHER FACILITIES TO II CENTERED ON THE MANHOLE LIO PASSHECBENEATHUSTOMER ITSMUST EQUIPMEN5T PAD. MAINTAIN A ' HORIZONTAL CLEARANCE FROM PARALLEL UTILITIES. AND A 1' VERTICAL CLEARANCE i T • EXISTING LARGE THREE I WAY MANHOLE (MH11633) WHEN CROSSING UTILITIES. (SEE NOTES 10 & 11, SHEET 11 OF 14) PL I REGUIREO MINIMUM 12` WIDE ALL-WEATHER HS-20-44 LOADING ACCESS ROAD 10' PAST THE SIDE OF TRANSFORMER. THIS REQUIREMENT IS FOR THE LIFE OF THE SERVICE. I ALL EQUIPMENT PADS & DUCTBANK EXCLUSIVE I EASEMENTS TO BE ACQUIRED BY CNP. EXISTING 10' EASEMENT METER CANNOT BE MOUNTED ON THE SIDE OF CENTERED ON THE CONDUITS THE TRANSFORMER BY CNP. THE CUSTOMER SHALL MAKE PROVISIONS FOR METERING PER SHEET 11 OF 14 ,i JOB# 90696796 0 - FINAL GRADE (ROAD, PARKING AREA, ETC. l ////7 ////////%//.i ,I,/I//////!/////// /////////////////////lit . r • • Z H 0 joc [ oo ' �y N .Q.0.0..: -_--1,, J LIU C _1 L-11-11 ff --tl. .°'.0 'P �„ 2 4„ 4„ 2" 2„ _1 Li Lif' L I LiLli .-� - CONDUITS CONDUITS 4 2„ 2" 6 - 6" 6 - 6" NOTE: CONDUITS 3 _ 4" THE CUSTOMER AND/OR ITS CONTRACTOR CONDUITS IS TO REQUEST A PRECONSTRUCTION MEETING PRIOR TO STARTING CONSTRUCTION BY VISITING HTTP: //WWW. CENTERPOINTENERGY. COM/EN—US/ PAGES/MUGFORM. ASPX DRIVE #3 REBAR FOR SPACER ANCHOR (SEE NOTE 8 ) i 77777. ko #3 BARS 3 '-0" LONG ,e-P'iVJ1�.,- (SEE NOTE 6 ) .{ ,1, 1 SPACER (SEE NOTE 2 ) �owl,. 11 2 BRICKS (BOTTOM OF TRENCH ) NOTES: 1. CONDUIT TO BE PVC, MINIMUM GRADE TYPE EB. 2. SPACERS SHOULD BE INSTALLED NOT MORE THAN 10'-0" APART. 3. CONDUITS TERMINATING AT MANHOLES SHOULD BE SLOPED 0.SZ DOWN TOWARD MANHOLE. 4. ALL EXTERIOR CONCRETE COVER DIMENSIONS ARE MINIMUM. S. CONCRETE SHALL BE IN ACCORDANCE WITH CNP SPECIFICATION 007-221--01, LATEST REVISION. 6. PLACE REINFORCING BARS IN 4 CORNERS OF THE CONCRETE WHERE SPACERS ARE USED. 7. ON COLD JOINT CONCRETE POUR USE #S REBAR (3 '-0" IN LENGTH, EXPOSED' 1 '-6" ). 8. LENGTH OF REBAR FOR SPACER ANCHOR WILL VARY PER DUCT BANK HEIGHT. 9. CONDUITS ENDS SHALL BE PLUGGED WITH A DUCT CAP OR OTHER TYPE OF CAPPING DEVICE. 10. A ONE FOOT (1 ' ) VERTICAL CLEARANCE MUST BE MAINTAINED BETWEEN CNP'S DUCTBANK AND ALL NON-CNP FACILITIES CROSSING THE DUCTBANK. 11. A FIVE FOOT (5' ) HORIZONTAL CLEARANCE MUST BE MAINTAINED BETWEEN CNP'S DUCTBANK AND ALL NON-CNP THREE PHASE DUCTBANK FACILITIES RUNNING PARALLEL TO THE DUCTBANK (JOINT TRENCHING NOT PERMITTED ). 12. INSTALL JET LINE IN ALL CONDUITS AND A 414 AWG WIRE IN ONE CONDUIT. FEEDER -,-, .,.. r,TrrnTn1ITTflM CTAmfARf (11 Fg2F 62 SHEET 12 OF 14 m u' CNP TO INSTALL DUCTBELL TERMINATORS AND 5 FEET SOB# 90696796 m 3'-2W3" OF 6-6" ANO 3-4" CONCRETE ENCASED CONDUITS TO 2'-8" ` FACILITATE THE EXTENSION OF THE CONDUITS r- 64i 6" T v • �. p PVC PIPE E s \S1u13 ) 4111. o,j SLEEVE .V 7'-81/2" 7'-8Ih„ m /, a�� 3 r sTua ! .1e. (0 (20O _'' �• N — p_Jt M ij \� v. O ♦' [D N M )- .1C 0..Ws.'221---;.* aw I ', • ///////:// :.:1Z 9, p/ 9'-4„ 3 -106” I, , PLAN VIEW 32" CASTING WITH COVER 8" STABILIZED SAND BRICK 11h" GROUT • • • • • . • n a L • . ia .� i. • O. •o>rr .r19. ! — ire ppoQQ /s. . l'-0" MIN. TO ' q// • 'T), >.'T), >.* HIGHEST CONDUIT )2,,/h., 707 � 11l' 000 ›- 000 w - � . ...�11 • W li .77TT 000 0 1 '-0" MIN. TO- LOWEST CONDUIT EL • PULLING EYE — • II \ • ; m SHEET 13 OF 14 JOBn 90696796 s N o 7" 1 '-i" 1 '-0" 1 '-1" 7" REINFORCING SCHEDULE PER FOUNDATION ro 421 I ' 1 �� .1 _4 MARK QTY. SIZE LENGTH REMARKS t_l1_d I MK-1 6 a5 4'-5" STRAIGHT • o MK-2 4 aS 4'-7" STRAIGHT m u MK-3 MK-3 2 a5 2'-7" STRAIGHT , MK-1 o MK-4 2 #5 0'-7" STRAIGHT °7 . ch MK-S 2 145 0'-8" STRAIGHT (1,(MK-S NOTE 11 \ o ' v MK-2 u' MATERIAL ESTIMATE PER FOUNDATION o DESCRIPTION QTY. 00 o `. _REINFORCING STEEL #5 55 LBS. - - CONCRETE (5 SACK ) .55 CU.YD. cfl v MK-4 o TYPE ED OR BETTER PVC 2 CONDUIT, 90 DEG, 60" R `-`L 2" PVC CONDUIT 5 FT .1 1 '-21/2" 2'-7 F 5'-0" 10'-0" • PLAN r2'-6" S'-0" 2'--6" CHAMFER ALL EXPOSED EDGES ' r — — AND CORNERS 3/" X 45 DEC. o10 I i M BACK i i1M L M N i FRONT CONCRETE ENCASEMENT FINISHED GRADE LINE 2" PVC CONDUIT TO EXTEND o BELOW CONCRETE ENCASEMENT cn I f ELEVATION NOTES: I `.— — — _ — — — - — 1. CONCRETE SHALL BE IN ACCORDANCE WITH CNP SPECIFICATION 007-221-01, LATEST REVISION (MINIMUM MINIMUM EASEMENT REQUIREMENTS COMPRESSION IN 28 DAYS, 3000 PSI. ) 2. REINFORCING STEEL SHALL BE INTERMEDIATE GRADE DEFORMED BARS IN ACCORDANCE WITH A.S.T.M. SPECIFICATION A-615. EQUIPMENT WEIGHT GRADE 60, OR BETTER. 3. ALL SPLICES IN REINFORCING SHALL LAP A LENGTH EQUAL 3,950 LBS MAX. TO 24 BAR DIAMETERS. 4. ALL DIMENSIONS ON REINFORCING ARE TO THE CENTER OF BARS. 5. CONCRETE EMBEDDEDLL BE THOROUGHLY WORKED FIXTURES. ANDINTOALL CORNERSOFANYFORMS. 6. IF REQUIRED, GROUT SHALL BE A MIXTURE OF 1 PART CEMENT TO 2 PARTS SAND WITH ENOUGH WATER TO PRODUCE A WORKABLE MIXTURE. 7. CDNCRETE IS TO BE POURED ONLY WHEN THE ATMOSPHERIC TEMPERATURE IS A MINIMUM 40° F. AND RISING. 8. STRIP BACK ALL VEGETATION AND APPROXIMATELY 3" OF TOP SOIL. REMOVE ALL CLODS ANO STONES. HLY COMPACT ALL CONDUITOOSE TRENCHES AND HOLES BEFORELL CONCRETEANOROIS PLACED. 9. REINFORCING SHALL HAVE A MINIMUM OF 21/2" CONCRETE COVER. 10. SLOPE PAD 1" FRONT TO BACK. 11. OPENING IS FOR CUSTOMER INSTALLED PRIMARY AND SECONDARY CONDUITS. 12. CNP WILL NOT ALLOW OTHER FACILITIES TO PASS BENEATH ITS SINGLE PHASE EQUIPMENT PADS. A ONE FOOT MINIMUM HORIZONTAL CLEARANCE SHALL BE MAINTAINED BETWEEN CNP PADS AND ALL OTHER FACILITIES. PMT FOUNDATION, 12 Si 35 KV .,,.--r, r,KI rNTc-rnTDIITrnni cTakina0n R(1-71 CI 1 SHEET 14 OF 14 N 3" I '-6" 1 '-6" �9" 1 '-0" 9" 3" JOBS 90696796 N N 0 REINFORCING SCHEDULE PER FOUNDATION CI MARK QTY. SIZE LENGTH REMARK MK-1 12 u4 5'-6" STRAIGHT HK-1 co I o MATERIAL ESTIMATE PER FOUNDATION DESCRIPTION QUANTITY • CONCRETE (5 SACK) iiCU.YD. m TYPE EB OR BETTER PVC 5 CONDUIT, 90 DEC. 60" R o—o-0-0-0 2" PVC CONDUIT S FT Q REINFORCING STEEL 04 45 LBS Nr. OIL L T— 12'-0" l C') • 8" 1 '-0" 8" 7" 1 '-9" 3'-0" 6'-0" 3 (� 3" --.1---0.--41--1.--+I-1.--4-1...+1- -� PLAN O ch BACK CHAMFER ALL I i EXPOSED EDGES -FINISHED AND CORNERS o GRADE LINE LINE 3/4" X 45 DEG. I C0 0 0 0 0 0 3„ roj -o �_—.. �}L- H10 _1 _ 1 FRONT { ° 1 1 °I 1 ° II I—IW 3" I IT__ic_T H I I�I I t 3 ' f . CONCRETE o1.______.-10'C _ ) `�-2" PVC CONDUIT .ENCASEMENT - TO EXTEND LOAD BELOW CONCRETE ELEVATION ENCASEMENT � NOTES: 1 l .) 1. CONCRETE SHALL BE IN ACCORDANCE WITH CNP SPECIFICATION 007-221-01, LATEST REVISION (MINIMUM COMPRESSION IN 28 DAYS, 3000 PSI. ) MED MINIMUM EASEMENT REQUIREMENTS 2 BARS FOINCACCORDANCE ING STEEL SWITH R.S.T.M. SPECIFICATHALL BE INTERMEDIATE DION AE -615, GRADE GRADE 60. OR BETTER. EQUIPMENT WEIGHT 3. ALL SPLICES IN REINFORCING SHALL LAP A LENGTH EQUAL 2.500 LBS TO 24 BAR DIAMETERS. MAXIMUM 4. ALL DIMENSIONS ON REINFORCING ARE TO THE CENTER OF BARS. 5. CONANYCRETE EMBEDDEDLL BE FIXTURESRANDHLY INTOOALLDREINFORCING. CORNERS OF FORMS. 6. IF CEMENTTUTOE22�PARTS TSAND LWIL TH ENOUGHE A WATER PARTRE OF 1 WATER TOPRODUCE A WORKABLE MIXTURE. 7. CONCRETE IS TO BE TEMPERATURE IS AMINIMUM ATMOSPHERIC SPHERIC 40° F. ANDRISINGp B. STRIP ND APPROXIMATELY 3" OF TOP SOIL. REMOVE BALL LOOSE ACK ALL ECLODS IAND ON RSTONES. BACKFILL AND THOROUGHLY COMPACT ALL CONDUIT TRENCHES AND HOLES BEFORE CONCRETE IS PLACED. 9. REINFORCING SHALL HAVE A MINIMUM OF 21/2" CONCRETE COVER. 10. SLOPE PAD 1" FRONT TO BACK. 10, 200 AMP, PAD MOUNTED 11. CNP WILL NOT ALLOW OTHER FACILITIES TO PASS BENEATH ITS SWITCH FOUNDATION 3SKV EQUIPMENT PADS. A ONE FOOT MINIMUM HORIZONTAL CLEARANCE SHALL BE MAINTAINED BETWEEN CNP PADS AND ALL OTHER FACILITIES. (2 CIRCUIT - 1 LOAD ) ^^^^//�� ....,-.rr� -- ,,T l-TP1Tr IrrtntI c-ramnOpn Qn-p7n ADDENDUM TO "TERMS AND CONDITIONS TO UNDERGROUND ELECTRIC SERVICE" This Addendum is dated as of the Effective Date (as defined below) and is between CENTERPOINT HOUSTON ELECTRIC, LLC (the "Company") and City of Pearland ("Customer"). The Company and Customer are referred to in this Addendum individually as a "Party" and collectively as the "Parties." Customer is the owner and operator of Traffic Light at Intersection of Kirby and South Spectrum, Kirby Drive @ S Spectrum Boulevard, Pearland, Texas, 77047 ("Property"). ("Facilities") shall mean any facilities, equipment, cable, or other material referred to in the Agreement installed and owned by the customer or his contractor at Kirby Drive @ S Spectrum Boulevard, Pearland, Texas,77047 . Contemporaneously with the execution of this Addendum, Customer and the Company are entering into THE TERMS AND CONDITIONS TO UNDERGROUND ELECTRIC SERVICE (the "Agreement") under which underground electric service will be provided to the Facility. "Effective Date" means the date that the Agreement is signed, as indicated by the date next to the customer signature on the cover sheet of the Agreement. Because of certain laws and regulations applicable to Customer, the Parties desire to set forth their understanding regarding those laws and regulations and the related allocation of certain risks and liabilities between them. The Parties therefore agree as follows: 1. Applicability. This Addendum is being executed in connection with and will be deemed to be a part of the Agreement. No provision of the Agreement stating that the Agreement contains the entire understanding of the Parties with respect to its subject matter or other provision in the Agreement of the type typically referred to as a"merger clause"will apply to this Addendum. To the extent that the terms and provisions of this Addendum conflict with the terms and provisions of the Agreement, the terms and provisions of this Addendum control. Notwithstanding the execution of this Addendum, the Agreement remains in full force and effect, except as otherwise provided in this Addendum. 2. Customer as Governmental Entity. Customer represents and warrants that it is a governmental entity, and that as a governmental entity it is subject to constitutional and statutory limitations on its ability to be bound by certain terms and conditions of the Agreement, which may include terms and conditions relating to: liens on government property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers, and limitations on legal rights, remedies, requirements, commitment of future funding, and processes; limitations of time in which to bring legal action; control of litigation or dispute resolution; indemnities; and confidentiality of information, and to the extent that any provisions of the Agreement, including this Addendum, would violate any such restrictions, the Customer will not be bound by such provisions. Any terms or provisions of this Addendum that are less restrictive than those in the Agreement with respect to Customer's obligations will be null and void and will have no force or effect if the representation and warranty that Customer is a governmental entity is not true or to the extent that the more restrictive term in the Agreement would be enforceable against Customer under Applicable Laws (as defined below). Terms and conditions in the Agreement relating to limitations of the type described in this section will only be binding on Customer to the extent they are valid and enforceable under all applicable laws, including all state and federal laws, rules and regulations, the constitutions of the United States and the State of Texas and the laws of the United States and the State of Texas ("Applicable Laws"). 3. Maintenance. Except to the extent expressly set forth in a written agreement between the Parties, the Company will not be required to maintain equipment, cable, or other material that is owned by Customer. Customer acknowledges that it is Customer's sole responsibility to follow the proper administrative or internal procedures to cause its Facilities and any related equipment to be properly maintained. Customer also acknowledges that Company reserves the right, in accordance with Company Tariff, to discontinue service if Customer has failed, or the Company has determined, in its sole discretion,that Customer has failed, to maintain the Property and facilities or any related equipment, cable or other material in a manner that causes or could cause a safety hazard to person or property. 4. Installation. Customer understands that all facilities, equipment, cable and other material referred to in the Agreement must comply with all specifications set forth in said Agreement and the Permanent Easement and/or Right to Pull before the Company installs any equipment or provides electrical service. During the installation of any equipment to be installed by the Company under the Agreement, the Company will use every effort to preserve Customer's landscaping, parking areas, or other facilities. However, any cost that has been quoted to Customer does not include any special replacements or repairs to these items. The Company shall not be responsible for any expenses associated with replacements or repairs to Customer's property, and Customer hereby waives any claims for such expenses that it has or may have against the Company. 5. INDEMNIFICATION. This indemnity is pursuant to Company's Tariff located on our website at www.centerpointenergy.com. CUSTOMER ASSUMES THE RISK OF AND SHALL INDEMNIFY COMPANY AGAINST DAMAGES FOR INJURIES OR DEATH TO PERSONS OR LOSS TO CUSTOMER'S PROPERTY, OR TO THE PROPERTY OF COMPANY, WHEN OCCASIONED BY ACTIVITIES OF CUSTOMER OR THIRD PARTIES ON CUSTOMER'S PREMISES, RESULTING FROM THE INSTALLATION, EXISTENCE, REPLACEMENT, OR REPAIR OF COMPANY'S UNDERGROUND FACILITIES, AND AS FURTHER PROVIDED IN THE TERMS OF "LIMITS ON LIABILITY," SECTION 5.2 OF COMPANY'S TARIFF. NOTWITHSTANDING ANY OF THE ABOVE, THE PROVISIONS REQUIRING A CUSTOMER TO INDEMNIFY, FULLY PROTECT, OR SAVE COMPANY HARMLESS APPLY TO A GOVERNMENTAL ENTITY AS THIS TERM IS DEFINED IN CHAPTER 2251 OF THE TEXAS GOVERNMENT CODE, TO THE EXTENT OTHERWISE CONSISTENT WITH LAW; PROVIDED, HOWEVER, THAT ANY GOVERNMENTAL ENTITY THAT IS RECEIVING SERVICES UNDER THE AGREEMENT MUST TAKE NECESSARY STEPS TO ENSURE THAT THE INDEMNIFICATION REQUIREMENTS OF THIS SECTION DO NOT CREATE A "DEBT" IN VIOLATION OF ARTICLE XI, SECTION 7 OF THE TEXAS CONSTITUTION. SUCH STEPS MAY INCLUDE, BUT ARE NOT NECESSARILY LIMITED TO, A THIRD-PARTY INDEMNIFICATION IN WHICH THE CONTRACTOR PERFORMING THE WORK FOR THE GOVERNMENTAL ENTITY INDEMNIFIES THE COMPANY OR THE ESTABLISHMENT OF A SINKING FUND. SEE BROWN V. JEFFERSON COUNTY, 406 S.W.2D 185 (TEX 1966). 6. Further Assurances. If at any time after the date of this Addendum any further action is necessary or appropriate to carry out the purposes of this Addendum, Customer shall use all commercially reasonable efforts to take, or cause to be taken, that action. 7. Assignment. Customer shall not assign any part of its rights or delegate any performance under this Addendum, voluntarily or involuntarily, whether by merger, consolidation, dissolution, operation of law, or any other manner, without the Company's prior written consent. Any purported assignment of rights or delegation of performance in violation of this Section 7 is void and of no effect. 8. Modification; Waiver. No amendment of this Addendum will be effective unless it is in writing and signed by the Parties. No waiver of satisfaction of a condition or nonperformance of an obligation under this Addendum will be effective unless it is in writing and signed by the Party granting the waiver, and no such waiver will constitute a waiver of satisfaction of any other condition or nonperformance of any other obligation. To be valid, any document signed by a Party in accordance with this Section 8 must be signed by an officer or other representative of that Party authorized to do so. In addition, nothing in this Addendum or the Agreement shall be construed as a waiver or relinquishment by the Company of any right that it has or may have hereafter to discontinue service for or on account of default in the performance of Customer's obligations under this Addendum or the Agreement, including payment of any bill owing or to become owing thereafter, or for any other reason or cause stated in the Company's Tariff. [The remainder of this page has been intentionally left blank] The Parties are signing this Addendum as of the Effective Date. COMPANY: CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC By: Name: Derrick K. Jones,P. E. Title: Manager Padmount South CUSTOMER: CITY OF PEARLAND By signing this Addendum, the person purporting to sign this Addendum on behalf of Customer is representing and warranting to the Company that the person has the legal authority to bind Customer and has been duly authorized by Customer to sign and deliver this Addendum to the Company. By: Name: �Pc v, Title: 4J Cl. Last edited July 13, 2011