2001-04-10 Lighting Plan
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~4/10/2001 TUE 11:37 FAX 763 323 9086 MM BUILDERS
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tion
PhonO: (012) 323.9086
Fax: (612) 3231"1245
TO:
COMPANY:.
FROM:
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FAX NO.;'
PHONE:
DATB: 4-lp-o (, '.
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If.you do not receive an ofthc paaes,. please caJt (612) 323-9086.
TIIANK YOU
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O~/10/2001 TUE 11:38 FAl 763 323 9086 MM BUILDERS
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tl Xcel EnergyN
OUTDOOR UGHflNG
1971 GatQwav 80ulQvard
Ardon Hills. Minnesota 55112.2750
March 19, 2001
R E C [ J V E D NAR 2 2 2001
Mr. Ga:ry Rudy
Edina Dev. Corp.
700 Industry Ave.
Anoka, lv.fN 55303
Dear Mr. Rudy.
Outdoor Lighting is pleased to have an opportuniry to install 3 Cobra head and 7 Colonial style
lights at your AlbettViUas 3'- addition project in the City of Albertville.
Enclosed are two copies of the construction contract for your review. Pl.easc sign and date both
copies, indicate your ride, and return. to me along with pa)'ment in the amount of $26,805,00.
Outdoor lighting wiD. complete the authorization of the contt'a.cts a.t which time copies will be
forwarded on to you.
Th.ank you far the opporroniry to provide Outdoor Lighting lltrvicell and if I can be of further
:assistance pleue eontaet me l:l.t (651) 634-7820.
~cetelY. /1
'lI::.~7Jtl-~
Jennifer M. Conrad
Developer Con$wb!lnt
Ene: Outdoor Lighting Conti:aet
O~/l0/2001 Tl~ 11:38 FAX 763 323 9086 HM BUILDERS
flI 003/006
Outdoor Lighting Contract
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In consideration of NORTHERN STATES POWER COMPANY, hereinafter called "NSP" ex.tending In
facilities to make outdoor lighting services aV'clilable to:
A
,;
G:\ (Customer) Cilv of Al~rtville
/(: ,.1::\\" at (service address): AlbertViIlas 3rd addition - Kahl Ave.
'~::::+ !t.t~City) Albertville (State) MN (Zip Code) 55301
:~l \, : I ! t:i ! Jhe sum of Twen~ six thQ.usand ei ght hundred five , Dollars ($26,805.00)
\1.;' l\' li-"will be paid to NSP by (other than d.lbove) Edina DevelopmenU=oq}.
"{\I/It,~ Address (other than above) 100 Industry Ave
~J:j!!lift (City) 6noka. (State) Ml'i..- (Zip Code) SS~03___.
:, in acc;OrdllUce with the following terms of payment: in aslvsflce - please return with signed contrfiet~
Service consisting of:
The installation of a Desianer Plus (Group 5) streetlight system consisting of:
3- 150 Watt (HPS) Cobra head fixtures
3- 4 foot mast mn.s
3 - 30 foot direct buried fiberglass poles
7 - 100 Watt (HPS) Colonial fixtW'es
7 - lS foot Washington style fluted fibergla.ss poles
7 - G Inch screw in anchor bases
Poles and fixtures will be dark broo.ze in color
Underuound facilities to be installed in association with joint trenc:h construction
Dated this _day of
20_
Dated this _. day of
20
Customer:
Northern S~tes Power Coowan"
o
By:
By:
Tide:
Title: DeveloDef ~Consultant
NSP Rep: le.onifer Conrad
NSP Proj/Serv No; ALB# ABV BAD
Total Amount Paid:
DaLe: 3/J 9/0 1
Div; 24
Page 1 of 3
04/10/2001 TlTE 11:~9 FAX 763 323 9086 1M BUILDERS
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Outdoor Lighting Contract
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SERVICE AGREEMENJ'
1. The customer hereby grants. NSP the right, privilege and easement to install, operate and
maintain its underground facilities on the property as described above and/or the approximate
location a.s shown on the attacht'-d exhibit.
The entire ornamental street lighting system including underground cables, conduit, pos.ts,
lamps, ballasts, starters, photocells, and glassware ins.talled by NSP, shall be the property of
NSP and any payments made by customer, or their contractor, shall not entitle the customer
to any ownership interest or rights therein.
The customer also agrees that, prior to NSP starting work: (a) the route of NSP' s
underground installation shall be accessible to NSP's equipment; (b) all obstructions: shall be
removed from such route at no cost or ex.pense to NSP; (e) ground elevation along the route
shall not be above OT more than four (4) inches below the finished grate.
4. Customer agrees to pay all additional installation costs incUITed by NSP because of (a) soil
conditions that impair the installation of underground facilities, such as rock formations, etc.,
and (b) sidewalks, curbing, black top, paving, sod or other landscaping and obstructions
along the cable route, such as ex.tensive existing underground facilities, etc. NSP will
backfill trench with existing soil.
5. Company is not responsible for any customer-owned underground facilities not e~posed at
the time. service is installed.
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The undergI'ound installation may be subject to a winter construction charge if it is installed
between October 1 and Apri 115. CUSLomer agrees to pay this charge if NSP determines
winter conditions exist when the underground facHities are installed. NSP will waive the
winter oonstruotion charge if prior to October 1st the customer is ready to accept electrical
service, has executed this form and has notified NSP in writing that the requirements of
paragraph #2 hereof have been fulfilled.
, 7. The customer agrees to pay the cost of relocating any portion of said underground facilities
made to accommodate the customer's needs or required because of altering the grade,
additions to structures, installing patios. decks or gardens or any other condition which makes
maintenance afthe company's facilities impracticaL
Standard Terms & Conditions:
Limitation of Liability. In no event shall either party hereunder be liable to the other or any
party claiming through it for any reason whatsoever, including an action based upon contract,
tort, strict liability or negligence or environmental claim for an amount in excess of the
contract price, payable hereunder nor for any special consequential, incidental or other
indirect damages of any kind. Buyer's. role remedy hereunder shall be limited to a refund of
the amount paid hereunder.
Page :2 of S
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1l4/10/2001 TUE 11:39 FAX 783 323 9086 HM BUILDERS
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Outdoor Lighting Contract
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2. Indemnification. Buyer agree& that it shall indemnify and hold NSP fully harmless for any
damages, losses, claims or actions, including actions grounded upon contraCt, tort.
negligence, strict liability. or environmental claims, which NSP incurs as a result of NSP's
performance hereunder or use of same equipment by Buyer or any third party.
Force Majeure: Neither party shall be responsible for any delays in performance (other than
payment for services rendered) based on an event of force majeure, The party experiencing
the event of force majeure, shall promptly notify the other party of its inability to perform
under the contract as a result of an evenl of force. majeure. Following receipt of said notice
by the other party, the obligations of each party (other than payment for service rendered), so
far as they are affected by the event of force majeure, shaH be suspended during, but not
longer than, the continuance of the event of force majeure. The term "force majeure" as used
herein shall mean an act of God, strike, declared war, civil unrest, public riot, fire, lightning,
earthquake, storm, flood, explosion, government restraint, unavailability of equipment, and
any other cause, whether of the kind expressly set forth herein or otherwise, which is not
reasonably within the control of the party claiming the suspension.
4. Applicable Law. NSP shall comply with all applicable stale and federal safety and health
laws including, but not limited to, the Occupationa.l Safety and Health Act of 1970 (OSHA)
and all standards, rules, regulations and orders issued pursuant to such state and federal safety
and health Jaws, and laws related to non-segregated facilities and equal employment
opportunity (including the seven paragraphs appearing in Section 202 of Executive Order
11246, as amended),
5. Bindin~. Countelparts, Effectiveness, Notices. This agreement shall be binding upon the
parties hereto and cannot be assigned, amended or modified except in writing agreed to by
the parties. This Agreement may be executed in counterpart, and each such counterpart shall
be deemed to be an original.
6. Governing Law. This agreement is governed by the laws of the State of Minnesota.
The parties agree that Buyer may issue its purchase order to NSP. Buyer's purchase order shall
be used solely for the administrative convenience of the parties and shall not constitute a part
hereof.
This Agreement shall be effective upon signature of customer aild NSP. A copy of this
Agreement shall be sent to the parties at the address indicated.
Page 3 of 3
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