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HomeMy WebLinkAboutSR - R25950 A-C - Dry Utility Systms - Falcon Crst /La Rocca VillaPALM DESERT REDEVELOPMENT AGENCY STAFF REPORT REQUEST: RATIFY CONTRACTS WITH TIME WARNER CABLE, THE GAS COMPANY, AND SOUTHERN CALIFORNIA EDISON FOR DRY UTILITY SYSTEMS PROVIDED FOR THE FALCON CREST/LA ROCCA VILLA DEVELOPMENTS SUBMITTED BY: CATHERINE WALKER, SENIOR MANAGEMENT ANALYST CONTRACTOR: THE GAS COMPANY Contract No. R25950A P.O. B OX 3003 REDLANDS, CA 92373 TIME WARNER CABLE Contract No. R25950B 41-725 COOK STREET PALM DESERT, CA 92260 SOUTHERN CALIFORNIA EDISON Contract No. R25950C 36100 CATHEDRAL CANYON DRIVE CATHEDRAL CITY, CA 92234 DATE: NOVEMBER 16, 2006 CONTENTS: TIME WARNER AGREEMENT GAS COMPANY AGREEMENT SOUTHERN CALIFORNIA EDISON AGREEMENT Recommendation: By Minute Motion, that the Agency Board ratify: 1. Time Warner Cable Television Service Agreement for Tract No. 30795 2. The Gas Company Line Extension Contract No. 96408 for lots 1-94 and 109, and Contract No. 103482 for Lots 95-108 3. Southern California Edison Grant of Easement for SCE Work Order 6979- 1862, 51823, 6479-1854, 61804; 6479-1857,61807; 6979-1862,51823; 6479- 1855,61805. Residential Electric Line Extension Agreement and Contract for Extension of Electric Distribution Line- 6979-1862, 51823 (Senior Villas and Phase III) and 6479-1854,61804 (Phase 1) 6479-1855,61805 (Phase II) 6479- 1857, 61807 (Merle Drive). Executive Summary Approval of staff recommendation will ratify the construction of electrical, gas, and cable facilities such that they serve the Falcon Crest and La Rocca Villas development projects. All costs associated with the installation of these dry utilities have been provided for in the scope of Agency's agreement with ComDyn PD, LLC, the developer for the La Rocca Villas and Falcon Crest projects. Staff Report Ratify dry utility contracts with Time Warner Cable, The Gas Company, and Southern California Edison Page 2 of 2 November 16, 2006 Discussion: As part of the development of the Falcon Crest/La Rocca Villas project, ComDyn PD, LLC, will facilitate the installation and construction of certain utility systems. Once construction is complete, the infrastructure is turned over to the utility companies who then own and maintain them. Due to the accelerated performance of the contractor, these agreements were signed so that construction could proceed and the schedule would not be impacted. Southern California Edison will utilize the Residential Electric Line Extension Agreement and Contract for Extension of Electric Distribution to extend their service network to the Falcon Crest and La Rocca Villas developments. The Grant of Easement allows Edison to access the property for future maintence and repair. Southern California Edison offers two options for the costs associated with their work. The first is refundable over ten years when and if users with significant power demands are added to the system. The eventual users for the on -site electrical system represents neither large power loads, nor near -term connections, both of which are requisite to maximize the refund. The second, which the Agency has selected, is a one-time discounted payment option. It is probable that the one-time lump sum payment will prove to be less to the Agency than would the refund option. The Gas Company's Line Extension Contract allows for gas line service to each pad in both developments, and the Time Warner Cable contracts allow for the installation of cable to each of the developments. Submitted by: Department Head: therine Walker--0'ave C( Senior Management Analyst Directoi Approval: 7 Juein cCarthy, ACM Rede opment Paul S. Gibson, Director of Finance Q_J eL.Orteg�����4fMid— ONBY RDA Carlo, Executive Director - - r(„ VERIFIED BY__&L Original on file with City Clerk's Office G:\RDA\Beth Longman\Staff Reports\Walker\Ratify Utilities Contracts Fal Cr 111606.doc Te00140640 V V eEMPRA ENEROv 1'be GAS Comparw ) 4 "Se•m.pru NeTgy iduity,- 1\Yti � NL�•� ,/LMLI\� I•IV.L V4� 14 Paaa;42p.m. 06-27-zoos tIP 'Cm Cathy Walker r*Ad M DESERT REDEYELOPIMPIT AGENCY firmrt: LYNDON FRANZ FAX 760-341-6372 Fan 760-773.92,43 Address: 75095 b1A1'PA DRDK City/srFchr,- PALM DESERTCA 92211 Tar; 760-341-3Z54 Number of Pages (including cover p8ge):9 Date: 06/21/2006 rT p"alod PIRMIA0 and Cost adIMAIRD for Project 010MB2 has boon complRtod and included with ode letter. derthe Lfne extension Rules, you have the opportunity to soled the sillily as the iostsller (OpdonA) or you may Nre a qualified cardrader (Option B)tv do Ulu tnatolla0en As daecrihod b1 Uae Eftnion Rule 20, You must aschre whtah 4 istapation Dpflon you whrh to "no 1100e the process can, con inua. T, assist you in 01"If an Informed decision, the atlnched bid IcUer provides to astht atod Installation cost C rmpadsoo botwaen Utility Inetaitadon (Option A) and Appiksnt Installation (Option 4) for the Installation of GAS MAIN & SERVICES. Again, wads on your pro)od Comet c ON& until van have mada vour aeladion sod returned the executedattoohoddna molifettoSpCzion, U Option A Is setoded; 1116 is your aeIsdian on the hit iollar , If racallad, oxeouta Una F.stension contract and roluro taah signed bid testes by tat to me U payment is duo, please famit payment to foal ons Company paymehtoffice wtth ExhibitA Stub or mail to: Southern CailtamlA Gap Company Sundry Sipino 1111.7111) wO.9ox as7 MuntorwPark,CA 417o409a7 If "on R Is saloctod: • R dWa your sdeotlon an the aid Letter and mtam by mill or lax _ • Destroy Lind Extension Contmd if rocWvQd • AddlilanatdocurmntoWill nesdtobOPYWrodprior toaracrltfosantewUna extonsWnContract a You'll be contacted by Your pro)ootManager toaRsiatVon wtth the applieanttnataaproasas Ifyou have Any quastloaa rauardino this manor, please cordstt me. OT/Fo'd S01WUNAQ A11Nnwwoo SZ:ST 90OF—EE—Nnic 700076006E SEMPRAENEROY A WS=TraEneWoow 06121/2006 cATIFY WAUMIX 7: ILMDESME RRDEVI LOFbQWTAOWCY 7; $10 FRED WAIUNO Da P ILM DESP.RT, CA=60 03:10:UUF.M, Zane Extension Contract � nuL vJ, A G os•zt.z0oe zro Reforonoo: Gap Company psojact d: 00MI03492 projod Location; r, 01r� 95-108 MORLE 8T X"Mjcd Scope: V'5MWMLr M%B PAWLY, PROJ=I OCATED AT Lots 93.19a MMU HAND R"330r.,W TAe CITY OPPALM UZIMT, IN TDa QOUNIYOFAM st09, 4ACT30705 It ULLMOTO( O)KAMIDDW104WOUMtis), D AFMCANTMOVIDP.MTRE U 7Lhe engineering squired for the installation of the gas facilities as described above in the project &Dope, based on the information you have provided us, bas boon completed The attached 3xtlibit A" dated (6Jz172006 details the estimated costs and allowanow, and also indicates any Ivwwas and contributiums,ifrequired atthistime, R'ease provide trs witb tin address list for the property, if applioable including any iratemal a )ailment or unit numbers or tettaw as quickly as possible. This will assist us in providing timely ll,stallation of the re"estcd gas meters and/or refunds of your refundable advames. 3 s acknoculcdga your rewipt of the RAM A 9Wf"irMft OF the; mad molnt earl n@eeemoat with the o32sed If:Earetwd L grldlti0ns, please hove this letter executed your auUxorixed repra3mtotive(s) (owner or corporate ofttoor) g cl return all pages to The Oas ompany reprn7emative listed below. Your return of the emocnted Copy of this latter plus any r quired advance will constitute your request to The Gas Company to schedule the installation j ad your aigroameut toExblbii A and the Cmumal Conditions, Timely return of this latter will ire lbat your construction is not delayed. A copy of tiro letter has been provided for your lcordu. You for this opportunity to provide you with natural gas to serve your anergy r q w9unts: We are pleased to have you as a Gas Company customer and wart to provide you with the best possible service. If you have any qualum, please contact me at (909) 335-7628. &.newly, 1! XLIS L, OAaLEY N 3W DUSA M PRUMT MANAQER 7. 095 MAYFA)RDRIVE I�LM D656R7,CA 9ZZ 11.510Z rw=3905-D,E0ecS%%Jty2002 Line ExtMWicaCMhWtd:goo 0010a962•r D=d: 06/21/2006 Pagaiefo 0t/£0'd SDIWWAa AlINII D SZ:ST 900Z=EZ—Nnf 7e07a 0540 9Ea1PRA ENERGY W., 03:14:12 p.m, 00-21.2000 0!0 .., 0 52�] TFIffi1ZN CAf.WORMA LEAS (!M ffAM GljwjtALcaNln><Tfo grmufa1tV >rlr]r>trrrszorrs These are the general conditions under which Southern CaU£arnia Oac Company ("The Qas Company") will provide lino extensions for Applicants. .CO i A. Bsti ates and P=t jozl., The enclosed Exhibit A estimate is valid for 90 days and maybe revised After that tame if th 1 installation of gas facilities for the Project has not begun, 01= The On Company begins the installatioa, the estimated cost will remain in effect for 12 months. If at the end ofthe twelve months the work is not ear tpletc, The Gas Company reserves the right to calculate its oasts for the work completed, less appocaballowances, and issue a now project and Lino Eveension Contract for the remaining installation work. 1f additio lal monies are due, Applicant agtnes to pay them within 30 days after invoice. Applicant will be reaponsiEte for costs of eagineertng, pleaming, surrayiug, right ofway acquisition ad other associated costs, B. Allov oao_as Applicant(*) receiving allowances as an offset to tho installation costs am rAsponslblc for these ease and maybe billed subject to tho following: lhto extemlon(s) whore allowances haw boon granted to the Applicant based on i hturo gas load($) mustbave tba ors meter(a) installed and fa ed on with bona fide load within s" (6) months for maialmain and servica(s) installations and twelve (12) months for service(s) 04Y iustallmb me. These time ftnum commence from the cute The One Company completed the installation of gas facilities if Applicant tltils to comply, the Applicant will be billed for tho difference between estimated allows so so and authorized allowances, as described in Tariff Rules 20 ondtor 21. The, bill amount will include Income 7ax Component Contrl'hpdion and Advances (iTCCAICIAC) Tax, Applicant requostod temporary services k are 1bllY collectible, Rofltads shall be made and calculated in aoaordauoe with Rule 22, C, u e a If Tho Gas Company is squired to bring an action to collect monies due ar to enforce y other tight or remedy, Applicant agrees that The Gas Company is entitled to recover its reasonable attomey fees and costs. The Gas Company may withhold from any payments due Applioant any amounts Appli owes The Gas Company, A. arQgrAL Applicant shall indemnify and hold The Gas Company harmless from and against 4liability (oXcludh S only i're.)ixisting Enviromental Liability) eonneoted with or resulting hm injury to or death of parsecs acluding but not limited to employees of The Gas Company or Appltoattt, injury to property of The Gas puny, Applicant or a third party, or violation of load, state or fedoral laws or r usalations (oxoludias euvirann ental laws or ragulations) (including attorneys' fees) arising out of the pert ormance of this Contract. except only for liability to the extent it is caused by the negligence or willful misconduct of The Cos Company. B. FgvW meg1o]. Applicant shall indemnify and hold Tba Gas Ctanpauy harmless front and against any and all liability (including attorneys' fees) arising out of or in any way connected with the violation or compliance with of a by local, state, or federal envitoomantal low M regulation as a result of pre-existing oceditioas at tho Project s: to, rcleaso or spill of any pre-existing hazardous tuaterials or waste, or out of the nantagcment and F',= 3905-D, nfahcrtvo duty 2002 naiad; "/2112006 ppgo244 OT/00'd SDIWUNAa 1,.l.INnwww SZ:ST 9003-£Z-Nnr y00 aye 0640 SEMPRA ENEROV 09:1 a:as o.m. Pa•2f-2000 my disposal if any pte-existing contaminated soils or groundwater, hazardous or nonhazardous, removed tiom the ground as a result of -The GAS Company's work performed ("pre -Existing Eavitrnlmentot Liability% including, but not I mited to, liability for the costs, expenses, and legal liability for caviroruncnatui investigations, mordtorlog, containment, abatemara, removal, repair, cleanup, restoration, remaiial work, ponawes, and fines arising twom tbo violation of any local, state, or federal law or raguletion attorneys' fees, disbursemarlas, and other roe pone costs. As betwaen Applicant and The Gas Company, Applicant agrees to accept full rtsponsi lity for and bear all costs associated with Pre-TWstingEnviromnantol Liability. Applicant agrees that The Gras Companymay stop work, toomirtate it, redesign tho gas facilities to a Mereat location, ortako other actloa re isonablynecossary to complete its work without incurring my Fo-Existing Environmental Liability. C. Wi a dtli .l3jlt W. In addition to any other tights to withhold, The Gas Company may withhold from payments due Applicant such amounts as, in The Gras Conlpaay'9 reasonable opinion, are necessary to provide security igainst all loss, da nage, exponso and liability covered by the forogoing Indemnity provisions. The GAS Company regains that Applimat warrant all materials and workmanship porfa;oped by Applicant (directly or tlttough a contractor other than 11w GAs Company) shall be Atz of all defeats and fit for their intanded,ptnpose. A ore -year warranty on say materials and a two yearwattanty da any iastaAation work pxovi�d�dj arc xegairtd. I£Applioanfa work or materlats fail to eamforsm to time warranty, Applicant shall ' rtrimbardo The Oas Comperry for the total cost of repair aud/oy replacement or Tito Cias Company may give A;iasr 3 the opportunity to fix within a roasonabla tiros such dafeet(s). such trlambursamerrts era nos reflsadat le and the anacunt of suaim moiWbutsements may ba withheld by llmo Iles Comparty and nf37+et against reftrlcNlo araofutts owedApplioant 1V, SMILES I COM MSSION A. This Line Extension Contract ("Contmot") consists of and ineomporates by mfereaco the line extenaioa contract left, ExbfbW A, Omeral Conditions and all of The Ow Company's applieabla mrifFsohcduleo and rules as lied kom time to time with the California public Utilities Comanission ("Com missien"), including but not Umirrd to, the aaliminaty Statement and Rules 1, 2, 4, 9, 13, 20, 21 and 22. Copies of these rules may be nbtainet 1 by visi#ing the 5oCalGos' Internet site at www.socslns.com or by requesting arnica tam your Gas Comparw reptuseafative. B. This cgntruct is at all times subject to such changes or modUEaations as the C,omrrdasion may direct from tifne to 1 me in the eaeroisc of its jurisdiotion. C. No a;ent of The Gas Company has authority to make sqy terms or representations not contained in this Contract and the tariff schedules and Applicant hereby waives thern and agrees neither Tye Gres Company nor Applicant shall be bound by them. V. $O r AND 98VMAL LIAIIITY Where a vo or more parties are Applicants for a Project, The Gas Company shall direct all communications, bills And iefIr ids to the desigriatcd Applicant, but all Applicants shall be jointly end severally liable to comply with all tow. and conditions herein, Flom, 3905-A, Mc4ve July 2002 t.lna axtmuioa f:wdcacr e: 0ocoe resale-r Dates; 06/21/2096 PM430fd 0ti/90•d soiwu Aa UINnwwc)o 9Z:ST 90OZ—£Z—Nnf 700 074 0549 SEMPR9 ENERGY 03:7a;670dn, 00-21.2000 619 Stub costa are rufutdable only to tbi; PsWat the allowances generated by stub m;tcAgi9m exceed•the stain to muter ins allation Coate, and only for text years dham the date of the stub installation. Reflrms will be made without i nerest, and no rd and will be made in excess of the amount advanced. VII AIA7110R771y11 SIG &TUU IfApplie mt is a corporation, parurersbip, joint vgAtme, or a group of individuals, the subscriber hereto represent t that he has the autbority to bind said corporation, partners, joint venture, or individuals as the We may be. My signature below represents nay agreement and acceptance of tiro Project cenfumcakioxt, Exhibit A and SouthemcaRierr4a Gras Company's Gesne*al Conditions FolDine Foos sson. I acknowledge and agree that The Gas com pagy's cost and allowanas estitnatos for this ftojem were basod on informmloa provided by my or my authorized representative. I further acknowledge and agree that my signature represents rnyhny m mpauy'S agi'oomeat and understanding that subaegtmt changes in Project scope may affect the'ivatallatiM ptYoe and further, If at if allowances have boos grautedt an adt9fioAQ ceptribution may be required ff the future fonds on which the allowances were based do not materialize. APPLIC, NT: PALM IDEMTIt$DXVBLDPMNTAOANCX Address: ...,. G � ...Ifs /.1/1• 'i ,rrr tn,• i r Titla: 35 i-TAW CCTV 12'I l�ltl�Cr�• Date: & a3 d0 Applicati is a, Mease Cheoi; one), Telephone: Sooiai Smutity or Federal Tax U) No. term Iadividual/sole Proprietor _Corporation —Gen. partnership Ltd. partnership _LI,C F, mr340SO, E'abliw My 2002 Lino t AOmim Coutraot a: 0000010t662•1 TAW! a6/21/E696 Page4af4 OT/9O'd SJIWHNAC AlIMWW0O 9z:ST 9OOz—M—Nnf 7003740540 SEMPRA ENERGY 03a9: 11 m. P0.21.2000 5t0 Date MDiled: 66/21/2006 Project ID: 00000103452 Exhibit A COST AND ALLOWANCE CALCULATION CESTIHATES) (x) Trenching by Applicant (x) Gas Only Trench '.25d.D1 S 160.60 w 0r0.et t:,st 1S sate PrePerattnn Advanoo Required (Refundable) Advsnc2 Required (Non -Refundable) ITCCA CCIAC Tex) 9 1r.o9s.e1 Payment Received TOTAL;ANOUNT DUE i111aV jp PQ MP1ted ' X sO +a e.oD � Lr.av6.o1 = Q 5,9eE.88 8 tl.Otl S 2E.080. 69 Be Site iyr9 r t on c )ebursoment fell mpco P1 ot Prayided tron6h Kill be troeted Par lori uAes za & 21 and voymonts !.f any, will be be bo.9ed an the merood uponfirice par foot imas the octyal /feotape of the traneh "sod. PaM 8985-:. tHtetbvn B9/BH Lino M"*1411 Cenereet ill Igb0 /1 o1CIY •t •w.....�wwu.w—n wrn.•....—.n.w«n.....—_....w+...---- _..—w.•.n._..1.ww...n.����_.....-.�_�w...w.�.....T�..�........�._.�. note Halted 06/2i/2906 Oetach and return this portion with your pMyMent THIS BILL IS NOW DUE AND PAYABLE PALM OERERT REUEVELOPMCNT AGENCY 735ID FREO WARING OR - A 5cmpaEttrW mB PALM DGSERT, CA 92269 go , GAL. a 0. t. CAS. II5. htMit'PC. CA 9I776 NAM$ Project 10 00000108402.1 (PLEASE PAY THIS AMOUNT 23,080.69I 42D00bD34B$pX00000D230O069S000O 9R 00010390Z 5 OT/LO'd SJIWFIw AiimwwoD 9Z:GT 900Z-£Z-Nnf ,-- -Vl 1V 700 U74 0540 aEMPRA ENERGY 03:15;3p p.m. 06.21-$005 Gas Ina-Milation Bid 1MV20D0 IAa*RAtYMM PALM DEMRTfUXV WPMWAiENCY pPJwaaat 4amos: 73510FRW WARINGDR PALM DESSRTCA 0200 lCantaetNahu: CAW WAVER TslsphamoNamser, 750 90 0611 IPmjgvtA04*W seas,, LOTS 90.108 WRLGST TradNumbam . _ 3". Ipm)Ort lO1�umtaa: IQW2 SOO; al(rvkotmtoagm WIU.ISLOAKLEY TolgftniNumbml 500336M ISheprajavKptaminingandaaatnalhlatingtor►hashavar0tarstx�'dprojobthaahaantomplated. UmlarihoLina IElddVWOI Rolm You Wallis epporILUIRM aeteet the WAY 01 Me lnsra0or orypu MAY Was Walfiipd caniraata•to dethetneWill�tan aedoear�ad la 41no tedoraloa Ruts 20. As raqu)r=d bytlto California Public UUIIUee Comm)adon, you are haling providedtha evils ted Installation clot (bid) pds- to the Issuance of a One alderislon cmntimaL The hid fa taoken down hetwaea the a05t for the walk, he ttHtly must perform, the walk that aim tre perrormod tlyyour 4imlinsd contractor, hrepeavoll faao, andtax. voumustdaciateWhtahlnaWllstlsnapUanyouvAehtopuratreinthaepaoaprovided. Wedcan your pro), ct can notcoAgaus urrdl you have madoyoursolklion and returned the allocated form to Socalam 1 r. InWiWWnGmt&aakdawn 1OplbnA: trdmokd esotk'kiafeaetbnto pedormad ny 6oCsiQm, (sliew WAD (140w1oQsl SOAO " (n)awn(v) 517960.01 MMOA(s) $0.00 (Arm 39AW86 Tolnl(r Unnor 329,2a6.64 option9: SoWlGaal estimated wetter the work parloarinad by 900610*6 virldilit the 811,048fil illatallatlain Option (01-0), the SOGatGM' aatlmldad oast (arthe workthe appilccaantsmn perform under the (Mt), and tax for both Ba'Ca1Gs0 and applicant work pmM mad ft ppaln t�mtffmtom jbvhmvq,) SA00 tofttisl 1200.11 (d30W S6,ea IeJlsayestUn 53,1a5,00 Pirm SIAN tgV4ln SOAO PiAV9(d 514,737.50 TatAeettilwNe) vjrA5 .70 ���yy�III ( srrrse ana nw� Ilan At 1%tfrct SOCr1O,o,µa,r luFnpM, Vlrsw prgarc 4aa l@rRara wa Crr lLlnealORnnsn i, t ' 1pplropw/wlpka Par.utihenppaarlMskll opelun. aaadanWnd 0,11 marnn adateomldoc.msntrf 1.,.-1 mvatmranhtr.uasvtuwtnaoGJGK wIOrtoshadswbomontnitae CwpAnr BxMar.3u Cwllut my slgoat its caePoms my undon landhlp that the bid price conslste of (be asOmated Ong for work SOC11619 must peoomi a W the estimated cost erall ramming work Ir Pwcs)9as is nolootadaa the InstaIlar(OpOon A). If f eoloot 9p11011 B end elect to have my acrdradoe owrpri t toes than alithe ramakilm work, I underafond thata now f K wiltnpplltogep lipid.Anewbldmsveleobsregalradffthemoaumuttanathatthebidwasbasod'anehanca,This btdWO-m WhilnsUactuf1W MEMO Pont Name: ' J smrl.*-d, Date: t.. fj�p em 719 OT/80•d SOMUNACE Alllsl)1A o 9Z:ST SM—EE—Nnf 1,30 074 0040 SWORA WNROY 03:1S:a0 p.m. 00.21.2005 0/0 tax a Gmwr t {�Scmp[e Cnsigy'.sm SOUT1A MCA:.111'OWgAGASCOMAM SPECUICATION$ )FOR APPLICANT ftOVll X)D TRENCII 06/21/2006 Fsoject Number: 103482 11b ID or work Request Number: 1694000 1 ib Location MERVR ST PAW DBSERTCA. J,raet Number (a),, Ntnnber(9,95-1081t is understood by acceptance LAW agtcaAwt that Southam California Gas Company (SoColGan) requirements related to trenching end backfilling are to be knOt in ail indaaccs. Any &Yiiatlon from ft*c requirements that is not approved by an authorised. SoCa)(1as represeutptive shall be considered cause for this agreement to become void and releases SoCalGas from any obligattdA of p tttioipation in an applicant provided trench Installation. the AppHcnut will notify SoCOUas at least ten days in advnuoo of starting work. SuORIGas may aoordina(o the installation of main and oervice piping witb other operationo. like AppBcont orhis authorized agent shall, at no cost to SuCalUas, obtain the neocnaxy treucldng permits, p ry all inspection fees, and satisfy my and all other requirements pertaining to trenching, baolOHng and c impaction called for by authorized governing agencies. I is agreed that trenches shall be of such aize/as to provide a minimiun vertical cicamaco of twelve jnohes Nmpower conductors of any size and a minirmun separation of six tnohes from all other aubstruatures. All gas main mad service piping shall have a minimum thirty inches covor below finished grade. All tnxtvhes must b+ level and free of debris at the time gas lines arc to be installed. AN joint trench and gas -only trench will be backfitled with send to be a minimum of twelve inches of cover overall go main and service pipe in normal s dl and a minimum of eighteen inches in rocky soil. Pipe depth to be determined by a So Cal Chas r presentative. Applicant shall be responsible fbr repair or reloeatfon costs of any gas facility, which has bcon c iengcd, altored, or medifled inside the project limits, without SoCalGae authorization. Refer to the thaiving(s)dated MM2196 of a areas section of a joint trench (no scale) attached hereto and inonrp=tcd by rofereoee. C�ColCios will reimburse or credit Applicant for acceptable trench at the agreed to rate of $1.00.por feet, which will be identified on F.7fII1791T A-1 or SXIBBIT A-2 as Site Propatalim. this agreement is subject to SoC alGas Tariff Rules 20 and/or 21, which are tocorporared by reference, and )s subject to suoh changes or modifications as the Conn mission may direct from time to time in the exeroise of its ji tisdiction. Applicant: Company Print I MENCH'Oe (acv. QOOo) Accepted By Southern California Cm Company: Signature: Print Name WILLIS L. OA.=Y Print Title MW BUSINESS PROJECT MANAGER Dutc,9"/200tr $1 OT/60'd SDIWUNA0 AlINnwwoo LESS S00Z—£Z—Nnf a AR=14-c:x(ar.6rv%) V4:70:Vap.m. V6-27-20oa 919 "A" Preferred Method q !E t Of eVon Cwbfeoo Or TRENCH ftht,PWIW Vaawa (VAM VAW ( 4 I i i /GOP - VhVaa . VUAa �ahooclN Nm $OUthILaYa Califomia Gas PMU Campaay Will oplyParBcipata CROSS SW770N Or in"Ayymity" JOINT TAM" jalm immu .. NO UrAW "B" Acceptable Method OF INCH rbww Tabpimn0 Top of play t t Nofa: CnNfomfa bwkim n Gag Pmvar Complmy will Gwyparlic4mc CROSS srmc"ONOF _ In "My Utility' ,fafNTTRENOH - 191at 4ea4. NO SCALe 52 0Li0S'd 53INHNAa Almr1WW0o LZ:SS 900Z-0—Nftt A St`f11(;ril r nNrgy whlity" To, GAT.NY WA4MR P " )DUSElR.T 1t1E%)UVE;C ORARNT 6'n m LYNtaoN FRANZ FAX: 760 341^6372 fox: 760-772-9243 _ Addraw 75095.tv7AYI?AJR DMA citylsT/Ap: PAW:DESERT CA 'rci: 760-3A1^324 Nu nber of Pages (includlnd'covdr page): 9 Data: 04/0719006 Thciproject planning and cost astirnntlngfor Project 096400 has been agmplate t sad tootuded with thle letter, Under tho One Qxtensfon Rules, ytiu hawo the bPmrtuntly to select the 0114 as the Installer (Option A) or you may hire a quo Hlad contractor (gptlon 01 to do the biatailation Asi daaeribad ih Lino V*nalon tkut"20, You must doctors which ttstt Iladon option y6uMob to pamua lidorsthq pmdamiosn Continue. To tsoiat you In mckleg_on Infafined dacl6lon, the atbtohod bid Isttor ptovtdos the asUmated Installation cost compsdson botwaen utility Instollatlon (Option A) and ,Applicant Installation (option 0) for the Installation of GAS MA N & 5OitlME& Again, work ov%,Vmw pmjtud, Aannet tii0Wo until you hava made. gpur selection and rntur" Ifig - ""to afteho #gQuwwjqk§gmKft If 0pdon A ia.salsotad: (ndtoatayouresleotlononthehfdlauer ' > lPtooeWad,eftAcutal.kieEidonylonrvntmabandraturtrwithstpmtdMdlettorbyftvctdmo rifpayotanttadue,ploxanramPt'paymanttolocaloast?ompsnypnymantoftioowtthVxhlbltAStab ormailto: Souther Caliramlo Gas Company Sundry0liling M1. 7110 fuoMara}t park, OA 91154-aw If 01+ ion B is soloatad: Indicate your aeiecimn on the Bid Letter and return by mail orfox DaawV'Uno Wangles Cantraoti(molved 4 Addittonal documarttowiil nand to ba praparod prior to exaoutina a now Lino @Sdanalon Gontraot 1 Yan'IlhecontactedbyyourProjectManagertanauistyouAththeapplicantinstsliprocess ifymuhave any questions regardfngthis matter, pleasocontactme. .Extcis►slrnx Crnutaat ilia ra tD�e,gm l7,cifrtemoe: Qae Campatt<yX�tbjoot ail; OOOOpGP640S A Serrtpra ltergy"uluuy Project Location: 4MO r b?i3S+U DSc 044622112D06 CA CAY WA1.1CK ' PA:,M A)3SB(tT EMl))0Vi3t OPAAMT At3ENCY 79««"id ieilil wAlutlN4 Pti.M DUSBU, CA =60 prnjcct SCope1 a EF.PMMAI:,SIA()L NAME,Y,PAOMCTM)"Iaf7AT42NOINORMoaA14p 42WJ,INTHU61TP•tlPPAGA• MMT,INOncoumorR1V.ORSm RM -ALL MAIN, SMS, SMICAM T49. At MIONAL M OKTO ( 90) PLANNED OWAN0 UN11(S), 1N nePlacaeNx' Pxovroar� mtNT Tdmrcla . Th i epginteed1)S regained ft the ieaatallatWn of thce gee Xt<cilidw as dese6bod above in the Prcrivot Socpo, bawd on, the iTdyi 04 im youhave pztivided us, bas been wmploted: ']:Ile attaollud TsWbit Alt dated 041 IANG •details rho esamated costs and altolvimcee, and also kAjoatw any advolwoo and cout#batl'o ns, if MV*ad. at IWS ti RM Phase piovida us with an Oddreso list for the proollerty; iFgppliaable, i cwlmUt g auy ieAmW ap ubX(sat or unit numbom orlettom as quickly as pussy] O, This vMj assist us M p vvitling gilraaly inst� Mtion oftbe:wpe*led gate meWw uWlor refunds of your refundable advan.Aes. 70 okmwliodge yoarrowiptoithe ��tt1batt A conHirm�€Xoct o£tlas scone o£ tXte �iroXoc�F nad a et rrrexlk wXtl i. W a au e X era ttondfdY pleagn 1 acre tbfs lariat o ceoureci by our axztho , mpmentutive(r) dawn r or ampoxate o mr) atud xeturn all pages to The Gas Ca uuy repvoSe tMR a Ustad below. YauT ration ofihe elteouted copy of taus letter�p1m any mq ixvd adrlr uoa w17X ooruytatlxto your roquest to the Oat; C:aulpany to sohodule Me Awtailation uud ym,P agreenlont xl unit A and the f3s4em Coudhians: " h' Ay rotum of ft letw will outs _ that yoerr anttatxur:�ioa as, zlot,delayod..A.: copy of 91e lottw• loon l7oon prodidad For your k'you for bass opportunity to pwvido you withiaatmW gas to sores, yoltT energy ;zewwuty. We no ploased to have you m a Oas Compagy muttower and want to provide you Ow boot pooMble servim If yore have my guestiom,+please oontuot zlae at (900) 3gs-7628. Siwwoly, IVIU15 LOAMY NBW OXMWMVAQW= KWAMR 7509: MAYFAR Alin TALL tiMSilA i,CA 02211-41a2 Potzu�PPS-A,IIYirnaUvaJvly2edd ikwJ6xtansioaC:DswwatY)iD60DOD49AeD•; .pptDtl: Dp/9j./,VD06 pgpjOf4 SOLMIERN cAUEQBWA GA,S, CUARANY,, Theso are the Seneral conditions tinder v;Wch Sotrtluaxtx Ca11fOrAlla 040 Cosaaliecgy ("Tire (383 Comrp ny') will pw-vido We exionsionsfar AWlicauts. A, Aft"I_ltt M The cnolosedExhr%it.A. astimte is valid for 90 days and May be xevlatxi after that tioxe if tit installation of gas faolli6a floc the )Project lass Xq Qt begun. CJnce The Goa Coxtxpany boglas tiro iaxsMatimr, tree eatimated'aastwill renn%ba dfi'safor 12 wonths, fiat tho dad of the twelve months the woAt is riot Oat aaploto, The Gas Coattpaxrlr read ms the right to ealonlato its costs for the woiic ooanpletad, loss applloablr allowances, axtd issaxo a rtewgrojoot awl 1.jne l,:trttxnsiarn. Contmot for the xt�aainiuty iustallatian rt oxtt, If additional worries ate d(e, Applicaut,agwos to pay thorn, within 30 days atfiw invoice, Applicant will bo Mpowibls for coats of oa*eaxmg, plauniag, 0mveyias sight of way acquisition and other associated costs, f3. n own ' A#pliosnt(s) requivmO sAownncGa aa.au Oftet.to tho iatallratiArt costs are responsible for these ooa and may be billed subject to the fblianviug: lice oxiobxsioao) wtiero allowances hat,c been gxamtod to rira App7i nt ba80t9l,OA futtaxo gas lond(W mast lava then gas n otot(s) i6AR1144 cod turned m withboxxa fide load u itlajta six 6) maaft for maix Waju and sei Ace(a) ittstallatiotxs end twelve (12) months for sat vioe('s) only installations. 'tbxtao tibia fA`@xrtos'oaxuttmean lxxaxt"daio fha eas, Cosxapaq nomoated %e iustallatioa of gas fowtios.VA.�plieant&ilatoaoWplypthe .Applicanwillbebr7,led.for 'O diffexattesbotwooneattixuatod ajlowarrve; anti autttoaaY.odf'alia'tv`anacs; es tiee6libetl itn xhrif�'liules 2q aiacUar 21. 'lira br7l auarn�t r�vdl bxaluds IWO= TO st Co4onex t Contribution and Advanoea OTCCVCTAC) Teat. AFpH mxt xet ted tomporary sere w(s) : oe Pally oollootiblo. ReAwds olmli be made and. calculated in accoulance vdih Mule 22, G. of i,• if The Gas Company is required to Wiug an notion to collect mronias due or to ontoroe an other 1W or reltxedy, ,Applioatxt aid=$ that'l;ho Oda Company is muted to recover its xeasauablaa attorneys' as and costs. The Gas Compaky sway with told f3toni auay payments doo Applieant any amounts Applionat awas The Gas Company. A. t>, .A pl llcant slaii ll jnidemuif axxd hold Tiao t Company lxaxxuloss from MW against all jfabiliq (exchwing, Pro-Existiog 4viranaraorttal l lability) aomxeoted vMh or real dit 'inyuM to or dmath o.r portrrn as, m lttdiag:but ixot limited to anployeas of The Gas Compartgr or AApplirant, iaajuty tO proptaty of The oas Ctlmp , APOioant or a.tY*d parWy or violation of local, state or fWeral jatitto or raguW.ia0 (excluding envixoatmexttsl laws or reg+r idus) (}nclut4itag attorneys' Peas) arising Ott vf the patxfoxmexroo of this Contract, .w,URA only, for liability to the eamt, it -is wmad by ftto net ligouee or willful xnisoenduct of The 048 Gortxipany, 13, AdR* neaatal.. Applicant Shall iadWU* andhold Thf4 GQJS Glon"W l u%u1_t ss ftam and againa any axui all.liabzlity incXudiug attameys' fees) ariahag Out of or W MRy way ooxnaotod with the violation or cawpjjaneo whit, ofaay Won], Statt'{, or federal ont+itoatmental law or reol tiou as a result ofpre-O oting eoxadidow -at the Pxojoot site,, release or spill of any px s-truing b=, rdow maeea7 4 or wask or out of the matwganeut and . YOa7u 909•r), Motivo July 2002 r.6to ltxtmoton (`.oAtIM4t Of 0up00OO6Qa9�.y DotccL aq/ax/EO06 Pap20f4 o' x's-u�aiaiing ciontaitxinRted eons ar gmtatdwater, ixarexciuxw+ or mozxUexatdoua, xex»ovo+l fxotn tba aa1 a r stilt of The 0" company's work perfoomea (,'rPxe=£tom EuvixaWnental'Liabilil}�"), inaltuiu�g; boAtx1ottt hoses.liabilitYfox#lteaasta.asrPoissas,and1qP11aabMV£oxanrrixotuaezatalip.'vestzgations, raonitocvig, eor"iunmt, abatement, treswavral, v*aira olowo p. mstowtion, xamadial vroxk, powiltive, sad Wcs answ $c tux the violatiant of auY ltwal, state., or wowtinw w rogd%tioa, atiorrmeye foes, d isbaesements. ax<d -odw xM ome Oost j. o bettNoenA.ppiicantand Thn Oas Cawpany„ Appliaant agrees to aenapt Eult xvxgponsitiiit}� for atld beat' all ooats axrso�iataci with � Lxxsang :�Avirrnmnaxt�l 7:iatbility: Alrpliaaxtt Rgraas ibat Tice ta�aa me y mu+y atdxp xlc, taeminato it, redesigct rite gaa.faailltFcs itt a dlffazettt loention, trx talcs tttixex aotiarx r®sso ly dxaaessaxy tv corttplcxte ats wculcwAFhcsut inatttxiR3g aqy lxiat ong l�aaavirontuerttat l zabixit�t. C, WWWURWA& in additioA to stay other rights to twitlxlxald, The Gas Company map witiftidi fxom payments due Applioant such amowu as. iva'ilta Ow Cora#auft xcaaonable opinion, am nonwsary to provide scourity a, Onst all loss; damage, Mettsot land liability covered by the foxegoing iudownay peaviaiow, Tina -6110 oxullxwmy xevjxea.titat Appltoant wataant all t Wtsaxals and wo r iuMbIp performed by A4ppitoartt (dixvotly tlur %h a,. oOAkw diroflw #,via The Gtas.Company) shall be freo id defaeb and fit rot thoir intended r !'pose,. A bn6-year wratraTq on AUY matMials and a tvvv-yewwaawy oA any installation twotk pvrAdud acre xbgnixe+i If.Appl mnvo woxlc or taatdaiauds frail to eoxx*= io thx wa>ienty; Applioant sb ll xt ixttbma The iias CatnpaW ;for the total oosi ok xapnir aud/ox rsplaacaiooat w Tixc Coo CaaxpaixpAxay gyve Applioant lt& apportuoouty to fx,,%: within a remnable t'lttxb such daroot(s). Suohxeimbunexaanto dnu uoa xefiuulubie and the am,otwt of Web xgiiABtusamcutts ntay be wfolffteld by't'ho ties Coinpauy and otlset agAinut twlitndableamounts orVedAppKeaAk A, 'i9xis bi4to llartiau Caxxtdaat ("GaattxaotC7 ooxteista of earl. iwaac�axeaxzs by rofex'cnae� ilea ltna e7,�teasion roxttx'act 1 Ar.l3ttixibits ;A„ C3ottoxal Gdxndihiona Red ell o'f l'lxo Goa Cttuxpaay's appliaabletatift'salnu�l+xle5 and t:ulAs•as £il fiotrx tlztxa to tune with ihd+Calit'arava pablia i7til ttitw Con>awiaaion ("Couawissloa"), including irex not litnitadto, fire k'ralawira+cytteuaortt eltatas 1, 2,, 9. 13, 7.0,l atzd 72, Copies of tbeao plea maybe obtained b , visiting rho SoGalGas' ixttoxet site Rt .it ssa by t eilaestittg Gapias Bona yatu pas D. This oa draot ie of all tinaas.sabjaat txt sash ObB09e0. yr utodifiaataans as the Cozautissioxt xmiy dltuot fmw time to limo-+ 1Athe "weroise cif its judedioiion. C. ri Yb aguxAt of The Gas Cogapaw has 1"Ohot;ity to xu" aw two. ar xapreseatativna not 00AWncd iu this Owtvttat norl tho tarifl'•sttbtedufes and.A:ppliolod hereby wolves them arxd agrow neidwr The Oas C'optpany nor Applibant 0.. tall bo bound bg theca. ' Whew twb, w xooro parties are App&cam mW for a l'rajwl, The Gras Q)m��rratty shau'direct all aotraAuaioaraGxts, bills aAd ireiiattds to the deiignatatl Appliaant, but all Appliteatdo shall be jointly and savAratty liable to comply with all tw= and conditions h tna031WS4), 7Efl,wtWo* July 2002 DAUL• 04/2V2006 )ROg"Ma j Stub oostslare tetra vkble MAY to the.et:keaxtba allowances O;fty Katm by Stub %Mj%Atort6 t %lDv'4 c To6a to mew hwtailatioi costs, and o* for t'axx yew £raoa Ako data of tlas stab ha talllatloax. it olunds cvlll be wade without iw�tetmt t td no refmd will be xgado m— onsovs of tho amouut adveztuod. is aompaxAt *, putwobip,ic"t venkuae, axa gr6op ofindivaduale, to sub4alborhorow sthe has the authority to band said cmpozation, parirtdfis, joint, vent=, or individuals as tho case maybe. My sigaat m below rdprasouta My upraoWentai d accept% ofilie E*act oco atiticA Bidaibit A and. SOuthetp.f� li£oxAiu ties Cumpmgy's Cxeitt am�il s or'? fine'pxtexsi Taokuowlcd$e and agtua titer 7'ho Gas C %V tW's cost and ailowagoo oWnates hr this Propeot wars basod nn iufntmatiaa provided by zee or AW attixoxizect reprdsentative. T gttt er aolmow,le W and agrde that ury 4Uatmv ralarasents attyfiatp c(=patr s agmoxuottt and uuderAtandittg that oubsecwnt changes in lMeut ac*pc may affuot the instuiXtttion prise a ntl furthers that l engowanm haws beast f rant * an ada'lAtiottal conixi lWM naay h¢ NOMA If the iAuhwi) loads oa rvWeh Ow tAga roanaax veers basa dlatoot voadorial4im Title: Date: 60 r'�t1C,lKDXS81�R7t 1Ra31o1aVrv1L47!•1V�t9N7CA.Caht4�k' • tadstrass: OIJ (prixtt icTatxLo) / t Toloph me: Social Security or Fedoml Tax.ID No. A.ppliwat is a: (plbase ohoolo onta)s' "Indivldua)t9olek'�'opxidtnr„YGor�toration,„,,Crdn.l;'aroxo,�bap,_I,td.X'arttaexsluip S�S.C��ZSV2VY���� i i torm3g65D,�} cfivaJnjy200Z Liao aNaosiuuCaaLvatli noeoabasaoe»x Vwo&, oantieooc raup4of4 I Data M4164 l 04/21/2006 project ID: 0000009640e I COST.AND ALLOWANCE CALCOLATXON CESTZMATES) I. (X) Tro�nchlnq by Applicant (X) Joint: Trench 0.00 \ nnn0out CoS * a1Y,o p�anaeabAan A}Awonne Appllae i i Adaanac� ltu�gq�,ra4 CRe1'uhdAbSo) . s� n.etl Advnncej RaRu9,rat1 CNa'n�i�afundtagla) :tom_ o.RR XTGOA (61AG Tax) sue„ n.tla X iCS. _9C a t ' I PayOihhti �©CB3.Ved 0 TOTAL AMOUNT DUE g i . i i 31ta a a ryaCgqan rat bLlrsaw nk far maps not pray ad *ranch w111 be traeted pur To X � RUIarR 2R ,21' we� cayman m any, w1 a e he baaoA on tho a.arood .Man OU9 par_foot times the tactaa� �aa atla of t a� venuh "am . .. porn Cp05^1)r ,iffootwo 09/90 Line 4ktonol9n OuAtrnot ar 6000110pbaou n gato M01411 94/21/2006 .Detach and raturh thla port%un with your payroont I THX$ SUL 13 MOk IOUR AND PAYADLe i PALM ARSgRT REfiCVSCgPMRNT AmmeV ' 73910 FRWD WARRILN6 PALM DMOKT, CA 5W60 eWm'.rnr _cn.awev . � N19MS'Pra�a¢t Xp tlntltlntlgBrpu �X 11 IPLEASE PAY MS AMO� WIT OlInrtftrm.,.K rla+nr•w r.w.r---rv.N-....---- .- --.._ A 9L Mi � /�VV Vol 1V i Cam.. ..{. Gas Installation Bid 1APPIIaantNk Ak PAW aPitCY .... .,...... .... .. Ap�IlcndA�dteva: 7391U P729p►NARpING PALM GQ{F7Ft' GAA226tl GomnerNadl9: CA'itiY WAt1fF1L 7rleplronaMumlwr. WgP0QO060 PrgitvtAddleaapauaaan 47,imlMFifla On ttavtN6rtdrore Proieetlefldmvar. s84BA 8ah'klOoa uutNonaoerc Woi]BL.OAKLW rWvttotureNurnBer: 66639QIGS 0421120M r Yhapro)oCtpianmdngand cad cWtimathtafarftoberamkmnoodpro)acthasbeen cnmplatoat NnderthaMe 6xtonuion }2utoa you havo•tha ap�orhlnityta satactNts utilHy ao the instupsraryoum� hire a qua!(Hod eontracW Ifp do iho inatagab�n as �uotxihad in UnaCteo6tan Ruts 2u, ,tA Ap requlreH 4y a rlia ty bact Uutmos ComMi6aian, You are Awoo provided Uteoethnated instNONnn cost (hid) pdnrio'he i6summ of o tine tactemllon comma Th®lire is hroiwn doom hotwean the Gast for ilia work f0utAttymtsrtpormim,00We* thatdanheporfomtadbyyour•gaatifletaontm ier.Inspoe lanfoao, andtaf(Y atnustdoctarowhtehinstsltetlnrrojdlonyouwiaktopuraveinthaspsosprovidod. Workan Your pro) tcannaRGolNlnantmtUYauhaiOAladnyaw•aolaattnnandPAUMOdthe®mcutedformtoSsCatikae. . � IaetaNMloe OovtdteaXdomt rOAIWmAv&jbmWcoatifthutil ibalnpeid,�Oa14 lb1�nda e) $15.U6'l.7b ,(i}atebta) 6 30.118 paaaA(l) $19MOO W W V16,7M2e TbW(aanuaj 842.416.e6 � 4 Options: M3aiGps'rtrttmotodco6tforthawatkpWarMO!8by$ONIiasuAdorthpapplimiitintaitationoption O.P),iha 9ogei(�as' timtdedGaatforlhawnrkthaapidiasntoanpettortauad6tthnappiiasnthj6tl/llsdarttip),arnttox for hot118 atGas and applfoaatwork poifcmtod p). plan $4(,620as ry)6avtwpiANO,1R CvlSleb(s) $iYi16U (ojNrsa(a} $1yRte7.00 (tjlarpoptvn Sda916D PIS 921A03.Sd r lamntn $9�97ARd weMrotW $111M.B'd rae ws) $1<.17R.Ne ' -. _. _ 'raliiCott(alhrotU,. , Be4A66M 1 . . i�palfB�a`= reWAk{8a1`a1r.'aa aetgti/ar't tkM1 RrB,U0 6raopdrornWdteb[rar rlde�xteetrrtt no»ar Iw)khlepnirukrkriapplrptniltlkpllopauq. taeamrtaotltdattaemuodtlda�be0�in R kiWl71rr646 kaeketv"tO 64t:elrhl4okMrMlLedYarLnmask 6rlfia ila rSne ttmnunn My alanaturd Gonartas my undarstanding ihut tha hld priors conatstRof the awanited coat forwork RnnC6lGao must perform andiithe eatimatod coat ofah r04161ninp'work If VoCalQas iu aelacted as the Instatier (Option A), If I notaut Untlen 0 null aleatio have Inv eantraottr natfarm rmutthm as thn ramalninn wnde. Y,mAmminnA thekA now h W Y ptlntNn s;���Y' f..... ..... +.0 qm Uen taWenw` i,�x�'IS�;nt�fR YttCeNyaaay SOYJTBOMN CA1t labOxti" GtA$ CObVA" SPIECMCATIONS XtOR APl"x.XCA NT PRO VdIDWls 1D'lv1SEMCM 04/21/2006 p pjeot-Number 96408 lab ITi ar WarlC XtcgaeatNumber. 101896 To Location MAW CratdeM UC AtNumbcr(6).36795Nowbot(s,1,941ttotmdemodbyaacaptwiaaof Oils "mentthat Southem C*ftnia Gas Company (SoCal"-) wgultemen tsrelated,to InmebbAgand backfillio$ are to be mat in all ind Ancea. AAy d(Matiottt £itnrrtheso requirements that is not approved by an aathov izod SoCalft ralireaeutativo aball bo aonaidered bases for this aorce eat to bucowe void and reloasas SoMeaas Dom any obii$atinn p£patticipatiom ion au npplicaut pnovldad tres dr Yustatlation. 'Zito,Appliaentwill tto*SoCalGaaatleast tendon ineAvaaaeo;pat'artaagvmrk, SoCat�xaorycoardinarn tho;lustallatioo orwainandsaviaepipittswith othar•oputations. Th4 Applicant ar ids authodoed apaat shall, at no coat to SoCEdOw, obtain tiro necessary ttw elfingpermits, pay, all inspaadonZ'een, and eats* ashy and all otherrequirapaems portainlu$ to uenWng,'back ag and cotsaetto'hattllOAAN by, whoaued Pverning agencies. Xt id agtaad tltut traaciias alrall Lao aoalt s1Ko as to pxovida a miuimum vartiaaY olaaxanoo afitwakva inohos fiox�t power oauduatottt of agysiaa and nmbtimwu acparallo a afnlx inohaa timiit all other subslmetaios. All gag kaaia and sarulaa pitsin$ sltsdl have a mntiraum tUitty ianbas aorazbalow 5uaehad grads. AXY br2nClras toast Ue l�vol and tkea of debris at Cjta tines gaa lines ato W ba ingtallad. AJT joint trench pond gas nnty 6wpo8 mill %c baai'glitlad wlth sand tb ba a minZdautn n£twalve inches ol'oovor ovet' aA gaa.tttaitt wall sarvioa »ipa in a�onxu+l evil soot u anitttmuta o f ightixn.inahes in tvw$y WO - pipe t%pth to be deterntiaad by a.So Cal Cms nepxissaaretixn . Applicant chaff ha rospansihla io tvatr or reloCatiou caste oFatry pig ih llty, W14ch has been altatkgtd, altsrod, artnadified iasida this ptx;jtatlimita, witbAul 4oGa1C9as audtoxization. Ytalhr to fife drar+iing(s) dated 01(07/98 o£a cxoss seatiattof jointtreadit(no scale) attached bsroto sadincorporated by SoChlt,as'wdl n-ttnburae or aradlt Applidantfbr acceptable tmaab: at the agreed to rate ofS1.00 per f»ot, xvhiah will �u Wed0fiied on LOWIT A-1 or Ir Art as Site ltxaparaticut, i xhts�gtoemont is subject to SoCat(3aa'1'arit3Plttrlas 20 �md/aor 2l, rvidch era inaotpaxated try refatcaea, and is aubj at to cosh oltangcs or xttoditiant ons as the Commission way direct frotntitne to tints In tits ea ereise a£iCs jntisdiatiun. i A.cce tell Dy,Appliaant: ,A.eot pted By gauthem G+bfbrnia Get Company; Co attypl a: Simont: 5t$tt2tuto ^/ ✓e v l A r Thittt ; o ka'latName V AGX:XS L.I.-C►All7i Prints dXc: 3 '9. ttGt�f hrf"printxitle MVRXTjR,4RS4jPlCLtill TXvXAR GHR Z?ttCe: f(l tot CYY90W 1Tn1MIDOC:(A;% Offlao) •S I 'W Preferred Method OFT60 mujltaway"� -4 VMWIA Vmm- L4 -- nm-wm 9H . Now, cauromin gas YY JORUT"No" $=Ls "07 AweptOle MoWpd MAIO -N�T V. caq)wv will wlyvadio*ft vx)iyjfiw '' jolwmml 140SUALE JTUNCILVOC(Ccv. WOOD) S2 a 1100cy t fardcns I Tact"30795 ('ABLE TELEVISION INSTALLATION AND SERVICE AGREEMENT This Agreement is made, effective as of October 20, 2005, by and between Time Warner Entertainment-Advance/Newhouse Partnership, a New York general partnership, d.b.a. Time Warner Cable, 75-181 Mediterranean, Palm Desert, CA 92211 ("COMPANY") and Palm Desert Redevelopment Agency, whose mailing address is 73510 Fred Waring Drive, Palm Desert, CA 92260, ("BU LDERIDEVELOPER"). WHEREAS, BUILDERMEVELOPER owns Tract #30795 Imown as Hovley Gardens, located at 42nd Avenue and Merle Street, Palm Desert, California "Premises"), which currently consists of 0 dwelling units, with a projected build out of / dwelling units, and /1) WHEREAS, COMPANY owns and operates a cable television system in the service area of the Premises pursuant to a franchise granted by the City of Palm Desert, California (the "Franchise"). NOW THEREFORE, in consideration of their respective rights and obligations set forth in this Agreement, and for other valuable consideration, the receipt and adequacy of which are acknowledged, COMPANY and BLTILDER/DEVELOPER agree: 1. Ownership and Authorization. BUILDER/DEVELOPER represents and warrants, and agrees to provide suitable proof upon COMPANY's request, that he is the legal OWNER of the Premises or a duly authorized representative or agent of the OWNER and as such is authorized to bind the OWNER and enter into and perform this Agreement, and further, that the execution and performmce•of this Agreement does not conflict with or violate any other instrument, document or obligation of the OWNER, either contractual or otherwise, including any judgment, order or decree of any court or governmental agency. 2. Easement to COMPANY. BUILDER/DEVELOPER appoints COMPANY as the exclusive provider of basic and satellite cable television and audio service, and other cable service programming and broadband communications (the "Service") to the Premises, or any part thereof, for the term of this Agreement, its extensions and renewals. This easement shall extend to each residential unit, dwelling and lot, and BUILDER/DEVELOPER further grants COMPANY the right to connect and disconnect individual residents of the Premises for the Service. COMPANY recognizes and -I- PtCommomUlDo¢PalmOcSril mrieiwlDvekpme,DIfNdMylTuf1yI31r.419sIAlUliOa a samm•"ewsuiltf Eas¢metts�Jl Oat H"v I¢; GaWtns Tract Ni979$ agrees that neither BUILDER/DEVELOPER nor COMPANY shall have the right to prohibit individuat owners front contracting directly with another entity, installing antennas and/or individual satellite systems. BUILDER/DEVELOPER shall not directly or indirectly enter into any bulk agreement with any other party during the teen of this Agreement. BUILDER/DEVELOPER further grants COMPANY the right to advertise and promote its services on the Premises. Such promotion may include distribution of advertising materials and posters, promotional publicity, live demonstrations and door-lo-door sales. BUILDER/DEVELOPER shall provide to COMPANY a list of names and addresses of residents of the Premises upon COMPANY's request. 3. Provision of Service. COMPANY shall provide cable television services to the Premises. COMPANY shall design, install, upgrade and maintain cable television service to the Premises using coaxial cable and/or fiber optic line, amplifiers and other equipment currently on the Premises, or to be added by COMPANY (the "Equipment"). COMPANY will maintain its Equipment and facilities on the Premises in accordance with the Franchise. BUILDER/DEVELOPER will provide either power or telephone trench plan to COMPANY thirty (30) days prior to scheduled street crossing placement or open service trench dates. Street crossing ducts can be placed by the BUILDER/DEVELOPER or the trenching contractor at no cost to COMPANY. COMPANY will deliver duct material to project location. BUILDER/DEVELOPER must provide access to trenches throughout the project necessary to deliver cable to each unit of the project. BUILDER/DEVELOPER shall provide to COMPANY a list of addresses of the Premises to help facilitate installation of services. BUILDER/DEVELOPER will pre -wire all units with as many outlets as deemed necessary for each unit. To assure the required level of signal integrity to 862 MHZ, COMPANY requires all cable television outlets to be pre -wired with 6/U type 75 OHM broadband coaxial cable (dielectric with aluminum laminated tape with overlap and 60% or better aluminum braid wire). All pre -wire outlets to be wired as a "Home Run" (one conrinuous 6/U coaxial cable fiom TV location to service input box) per attached Pre -Wire Specifications. 4. Access and Easement/Equipment. BUILDER/DEVELOPER grants COMPANY an irrevocable easement in gross with respect to the Premises as is necessary for cable routing, for Equipment installation and removal, and for servicing and maintaining the Service distribution system. This easement, which shall be exclusive for cable television services, shall include but not be limited to, rights of access, ingress and egress, and to use such equipment as is already in place. These access rights shall include but not be limited to use of raceways, conduit, public rights -of -way and public -2- v \(:ommwchl euv-Peon Oo:en,Comme:.:d on.xtnwnF,., eircdoy�Ta'nnta�ur9usiAla4nn c scrv'rtntKew evua easem=n: sM1e6 Ex nuv!ey Gardens Tract #30795 easements. Access further shall be provided by BUILDER'DEVELOPER to COMPANY, without charge, to common areas, utility areas and spaces on the Premises as ate reasonably necessary for installation and operation of the Equipment. All Equipment for delivery of the Service shall at all times be the sole and exclusive property of COMPANY and BUILDER/DEVELOPER shall acquire no rights in or to the Equipment and property of COMPANY. No person or entity, including but not limited to BUILDER/DEVELOPER, shall in any way move, disturb, alter or change any of Equipment, or attach, directly or indirectly, in pan or in full, any equipment or device to any of Equipment. 5. Telephone and Other Services. BUILDER/DEVELOPER grants COMPANY The opportunity to bid on providing telephone and high speed data services on a bulk basis ("telephony services") to the Property. BUILDER/DEVELOPER shall notify COMPANY in writing to submit its proposal to provide telephony services on a bulk basis to the entire subdivision, when and if the BUILDER/DEVELOPER is considering such proposals with a competitor, and prior to entering into any Agreement with a competitor. BUILDER/DEVELOPER agrees that it shall not enter into any agreement for additional broadband communications services (included, but not limited to, telephony services) for the Property with any supplier other than COMPANY without first according COMPANY the opportunity to submit a proposal related to the same. 6. Content of Service. Programming services offered by COMPANY shall be at its discretion. COMPANY may alter, modify, re -tier, increase or delete prograrming services and/or channels. For purposes of this Agreement, Programming Services shall mean all programming available to all subscribers generally including, but not limited to, basic cable, all optional premium services, pay-por-view services, audio services, access channels and prevue guides. 7. Bates and B01ing. COMPANY shall establish individual accounts with those residents of the Premises desiring to purchase any portion of the Service and shall bill and collect directly from the individual subscribers. Service to those residents shall be on the terms and conditions set forth in standard contract for residential cable television service. 8. Liability. COMPANY agrees to indemnify BUILDER/DEVELOPER from and against any damage resulting from construction and maintenance of the cable system on the Premises, except for loss or damage arising from any intentional or negligent act or omission of BUILDER/DEVELOPER, its agents, employees or residents and guests of the Premises. However, in no event shall COMPANY be liable for damages or loss: (a) caused by the failure of system, Equipment and facilities or by acts of God or other occurrences in the nature of force isrmr¢� La..Fn'm Lr.n t arrrnr>> nr.x rcmnt llRxLrn lco-isn ri5.1a 2aeenr.nm 5na t i.c 11,wicy Gaidcos Tract#30795 majeure, (b) from interruption of the Service, including but not limited to outages and failures, or (c) incidental or consequential damages. BUILDERIDEVELOPER agrees to reimburse COMPANY -for the costs of repair or replacement of any equipment of COMPANY which is missing, stolen or damaged by BUILDER/DEVELOPER, its agents or employees. BUILDER/DEVELOPER shall indemnify COMPANY from and against any damage or claim arising from any intentional or negligent act or omission of BUILDER/DEVELOPFR, its agents and employees. 9. Future Development. As BUILDER/DEVELOPER constructs additional buildings, dwellings or additions to the Premises, all necessary easements and access to them shall be granted by BUILDER/DEVELOPER to COMPANY and this Agreement automatically shall extend to them. 10. Term. This Agreement shall commence on the date first written on page one and shall continue for a period of ten (10) years and shall automatically be renewed for successive one (1) year terms thereafter, unless earlier terminated as provided in this Agreement, or if BUILDER/ DEVELOPER or COMPANY gives written notice to the other party of its intent not to renew at least 90 days prior to the expiration of the then current contract term. COMPANY may tern inate this Agreement upon BUILDER/DEVELOPER's failure to pay any sums due hereunder, BUILDER/DEVELOPER's failure to comply with any of the terms of this Agreement upon 30 days' notice to cure sent by COMPANY to BUILDER/DEVELOPER or upon reasonable determination that technical or economic factors make it impossible or impracticable to provide the Service to the Premises. 11. Removal of Equipment. Upon expiration of this Agreement, or termination for any reason, COMPANY shall have the right, at its sole option, to (i) remove any or all of its equipment and facilities; (ii) deactivate any or all of its equipment and facilities in any practicable manner; or (iii) continue to provide service to those dwelling units desiring the Service on an individual basis at the then prevailing retail single family rate for the Service. If the Equipment is deactivated, it shall nevertheless remain the property of the COMPANY, and in addition to any other remedies it may have, COMPANY shall be entitled to obtain injunctive relief to prevent the unauthorized use of its equipment. 12. Binding Effect. Neither party may assign its rights, dutues or obligations hereunder without the prior written consent of the other party; provided, however, that COMPANY may assign this Agreement to any parent or subsidiary of such party, or in connection with a merger, consolidation or sale of substantially all of COMPANY'S assets; and provided further that -4- ee2rnta -tee �n:nl::ccm�nn:,xc.a.e.:.ni:+tcrst L*rrtle,:�Tenpater:.r:':W'.•tGcn:ec.Vrx flt.'.a'etr,nnna•SPtl n; Hovicv tlardevs Tna 93079i COMPANY may assign this Agreement in connection with the sale of its cable business in the geographic area to which the Agreeemnt pertains. 13. Entire Agreement. This Agreement constitutes the complete understanding of the parties on this subject matter and supersedes all prior oral or written understandings or Agreements. This Agreement may be modified or amended only upon written consent of both COMPANY and BUILDERIDEVELOPER. 14. Notices. All notices or payments from one party to the other shall be sent to the respective addresses of the parties listed on page one of this Agreement. Such addresses may be changed by giving notice in writing pursuant to this paragraph. 15. Severability. If any portion or provision of this Agreement is or is deemed to be illegal, inoperative or unenforceable, then this Agreement shall be modified automatically to exclude such illegal, inoperative or unenforceable provision and all other provisions shall remain in force in effect as if that provision never were written. 16. Waivers. The waiver or breach of any provision or right by one party shall not be deemed a waiver of that provision or right or any future breach of it and shall not be deemed to establish a course of performance. 17. Applicable Law. This Agreement shall constitute an agreement to be interpreted and enforced by the laws of the State of California without respect to any choice of laws provision. Each party consents to the personal jurisdiction of the state and federal courts in the State of California with venue in the county in which the Promises are located. 18. Headings. Section and paragraph headings shall not be used in construing --this Agreement. 19. No Joint Venture. Unless otherwise agreed to in writing and made a part of this Agreement, nothing contained herein shall be deemed to create a joint venture or partnership between the parties. -b- PIOmme¢ainewPlhnDmeglCom=e J Dovvjwmonl MreixyfTamdalosklnsWIWlinn8S iC04wBaltl E.emeii'M.00. I {o%leo Gai*ne T, act 420795 20. Warranty. Each party warrants and represents to the other that it is duly authorized and empowered to enter into and execute this Agreement and that no other approvals or authorizations are required for it to enter into this Agreement. 21. Force Majeure. Notwithstanding any of the provisions herein contained, the obligations of the parties hereto will be excused in the event that performance hereunder becomes impossible or economically unfeasible due to causes, including, but not limited to, acts of God, strikes, power outages or other industrial disturbances, or unavailability of required equipment or programming services or other circumstances beyond control of COMPANY. 22. Disclaimer. Notwithstanding any of the provisions herein contained, the Service and the System are not guaranteed to the extent of any breakdown in transmissions to COMPANY's head end site related to the System and the Service beyond the control of COMPANY. 23. Expenses. Each party shall be solely responsible for all costs and expenses incurred by it in connection with the negotiation, preparation and execution of this Agreement and the completion of the transactions contemplated hereby, unless otherwise specifically provided for herein. -b- P�CvmmemWl DeIpall9 D:•.Cm.Cs.:m:nrrai 0,,A:Pmonl DllvttaNTempUtelAU1.:4 hailnn S Bwld Easement B Cll aoc 110vliy Gardcns 7'met#10795 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first above written. COMPANY: Time Wamer Entertainment-Advance/Newhouse Partnership, a New York general partnership, d.b.a. Time Warner Cable by: Emest Villicana VP Marketing i31;1LDEPJDEV ,LOFFIt: Palm Desert Redevelopment Agency by: ; Witnesses: �1 %/ Sie,, polure fj r Name: �1dixoj /' I �? Please Print or Type P Title: ®r`�•®" Date: F l F .rmme n nl -_r : �.a Ca„ +,-.rvrpmel O:.vcaryrvieyl i4¢^w..T:^rv?rn , .v.b: Dm a.:cuv—a�.-n 0rc GLot.StG Sru,f 0: State of California } }SS. County of Riverside } On January 25 , 2006 , before me. M. Gloria Martinez , a Notary Public, personally appeared Carlos L. Orlega . , personally known to me (w-prGved4G me -con, the basi-s of at}� .ssf� evidence) to be the person(0) whose nameV aYe subscribed to the within instrument and acknowledged to me that( ife/toy executed the same i hi/ 0/thoir authorized capacity(i�s), and that b I ,her/tl�ir signature(,a) on the instrument the persono), or the entity upon behalf o which the person() acted, executed the instrument. WITNESS my hand and official seal. t M GLORIA MARTINEZ } _ . Commission ti 1382510 1 ,+-:,r,:,,ie'�i Notary Public - California ,, Riverside County h f`. --- fv/yCorrrn.Ezpire;OctZ ?a'1G�- f Signature %' % �_ rJ C — , (Seal) -OPTIONAL- DESCRIPTION OF ATTACHED DOCUMENT: Cable Television Installation and Service Agreement Hovley Gardens Tract No. 30795 Located at 42"d Avenue and Merle Street (TITLE OR TYPE OF DOCUMENT) (NUMBER OF PAGES) October 20.2005 (DATE OF DOCUMENT) (SIGNER(S) OTHER THAN NAMED ABOVE) Right ThumbprJut of Signer (OTHER INFORMATION) IRn ley hoydens luct 430795 WHEN RECORDED RETURN TO: Time Warner Entertainment- Advance/Newhouse Partnership 75-181 Mediterranean Pali Desert, CA 92211 CABLE SERVICE EASEMENT AGREEMENT in consideration of the sum of ten dollars ($10.00) and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged the undersigned Palm Desert Redevelopment Agency (the "GRANTOR") does hereby grant to Time Warner Entertainment-Advaoce/Newhouse Partnership, a New York general partnership, d.b.a. Time Warner Cable, its successors, assigns, lessees, and licensees (the "COMPANY"), for the purposes of transmitting and delivering television and broadband communications services, an easement during the term of the cable franchise agreement with the City of Palm Desert, California, and any extensions or renewals thereof as stated in that certain agreement "Cable Television Installation and Service Agreement" dated October 20, 2005, privilege and casements (the "Easements") from time to time to: A. Construct overhead and/or underground plant; E. Operate, maintain, repair, replace, expand, remove, relocate such plant; and C. Place within said Easements amplifiers, attachment equipment, cables, wiring, pedestals, accessories, appurtenances and related equipment (hereinafter referred to as "Equipment") used in connection with such plant and distribution of television and broadband communications services. The Equipment shall be located on that real property and improvements of GRANTOR as those premises are more fully detailed, with legal descriptions, in Schedule 1, which is attached and incorporated here by this reference (the "Premises"). The Easements shall extend to all public utility rights -of -way and public easements located within the Premises and to all chases, raceways and conduits within the Premises. The Easements shall further include access rights to the Premises and public easement areas, including the rights of ingress and 'egress. GRANTOR further grants COMPANY the exclusive right to use said dedicated Easements, chases, raceways and conduits for the purpose of providing cable television and broadband services. The Equipment is and shall remain COMPANY's property. COMPANY shall exercise its rights in a manner so as to cause as little disturbance and inconvenience to said GRANTOR as is practical. Said public easements include the right to trim P lco.m .lO_v.Pym ne,vntCenenemal DawjaFlneal .i ServmrzsNmv BUM Pavement Sn^p Jo: Hovley Gardens 1;act g3p79$ at COMPANY's expense any trees or shrubbery which may hereafter interfere with the operation and/or maintenance of the Facilities as long as said trees or shrubbery are located on or over the above described portion of the Premises, The Equipment shall be located so as to not interfere with the GRANTOR's ingress to and egress from Premises and GRANTOR may use the rights -of -way and easements for purposes not inconsistent with the COMPANY's full enjoyment of the rights herein granted. GRANTOR agrees that for any period during which the COMPANY shall maintain Facilities in any portion of said public rights -of -way or easements, and in order to preserve the aesthetic value of the Premises, that no outdoor television aerials, satellite receiver facilities (e.g, fixed earth stations or dishes) or microwave receivers (e.g. Multipoint Distribution System) shall be placed on the Premises by COMPANY without GRANTOR's prior written consent. This Agreement shall run with the land of the Premises and shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. If any paragraph, sentence, clause, phrase or portion of this Agreement is for any reason held invalid or unenforceable by any Federal or State court or administrative or governmental agency of competent jurisdiction, specifically including the Federal Communications Commission, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof. Signed, scaled and acknowledged in the presence of: GRANTOR: Palm Desert Redevelopment Agency By: /,' � mot` /'' Siu ature Name: {.,. d rl-:-:2s /. tJA�L" C3 Please Print Title: Elate: i �is7.. l7 f ' F'�fummertul D.-PJ. D... oPTM.nl BMW. W.TewInlusUnsW1404 S Seml[eWe 61AW&$Omani S"I 00 HoAky Gardens Tract u30795 SCHEDUiLE l Legal description of Tract #30795 known as Hovley Gardens located at 42nd Avenue and Merle Strcet: In the City of Palm Desert, County of Riverside, California P 1Camm�rcWl Qa'Palm moctnMTe Pp Wvtmst w. G S.N.IN" 8gol eoument SNodoc I lov9cy Garden, I mcl hf-1095 State of California ) County of Riverside) On J�fl N1. i}O_Df betbrcmc,_(�t�yVc��Lt� Date Nan Title of Officer - e.g., "Jane Doe. Notary NbiiC' r personally appeared CA6Z-1.2o LJ(Z T� r�A nr , personally known to me Name(s) of Signer(s) known to me is 2f sat :i .:,.- ,,mace to be the persons) whose name(s) islets, subscribed to the within instrument and acknowledged to me that he/she/#key executed the same in hisnm6th& authorized capacity(tes}; and that by bis/herftkeir• signature(s)-on the instrument the persort(s) or the entity upon behalf of which the person(* acted, executed the instrument. WITNESS my hand and official seal, signature of. otmy A P b C Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachmerit of this form. CAPACITY CLAIMED BY SIGNER: ❑ INDIVIDUAL(S) ❑ ATTORNEY -IN -FACT ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ CORPORATION OFFICER(S): This Instrument Prepared by and Shall Be Returned to: MSutrtndt Cable, Inc.. d.b.a. Tinge Warner Cable ❑ PARTNER(S) ❑ TRUSTEE(S) ❑ OTHER: P:1Cnmmemlal De Nm Dcseffi mmempl D�mM%pO tDYempMTempialee0nshllalien&5emcelNew Bind Ea:emenl 5110601 ; �;��1/F SOUTHERN CALIFORNIA� � ������ An GD/SOA' 1N'PEfLVAT/ONAL� Companp PALI�l DL':; REDEV AGNCY '73 S10 PR.ED WAItING DF Y�1Li�1 D�SERT, CA 92260 „�� , . � , ;F k �:<;� C•1 � :_� �� �.�:�� �„ ���,} ,i11 1 �";'!� {"� 1 �� � , Subjer.t: SCE Project Number: 6479-1854, 61804 P.roject location: HOVLEY/COOK ST PALM DESERT, CA 922.60 'l�.r;i.il<. you Lo� rlie opportun.ity to assist you. with your '�';�c> .:.rir.'o:i-mation pr.'avided be�.ow indicates requirements ;�:���; T��rojFct:. Please read and 'f.ollow the directions so m;3-;- r:e complei;ed in a ti.mely manner. March 25, 2006 electrical needs. needed to complete that your project o li�uc:l.o.;e:a are Lwo copie;� of our invoice. Return one copy of the invoice ,�:ith ;>oui� payrnenl.. c� CJ ��iease reCurn al.l applications and/or agreements fully completed. i3ascirienc docLunent� will be mailed directly to you• from our ��i.1h.t-cL-UJay Department. Please complete and return as directed. r, nr� Fsd;'.;�on ]:nspector. must approve al1 underground syetems. Cal1 �957.) �{: 8--8?.94 prior to construction. ::> ,��.I.1 �.2te: ��<:i:l^c�ii Company a1: (800) 655-4555 to malce application for lii:t,ri.c.:s�l � e:i^�.r�ce. 1?i.�ai:i. :�:Lectrical inspection from the Loca1 Governmental Building and ��a1'_eLy 'L`�partment must be received before we can energize your service. P[.�s(35li C'HOOSE EI'.CH�k REFUNDABLE OR DISCOU7vT OPTION AND SIGN BOTH '/1PuLNilICPS AND RETURN WITH YOUR SIGNED CONTRACT, INVOICE AND PAYMENT. Yl��xse r.eLusn Lhe documents and/or payment in the enclosed self-addressed r-_�i�vei.ope. 1�fter receipt of the required docizments, your project will be c�c:�c<iuled toa- construction. I:E you have any questions,' feel free to o-a_il rn�_� ai, ;951) 97.8-8?.94. Sincerely, 3ER'PRAM E WILLIAMS Cust'omer Service Planner }'sn�-: 5_ o; � u:�_ � s 26100 Menifec Road Romoland, CA 925II5 � SOUTNERtN GLIFORNIA , ' � �� ��I tl� An GOISON /NTGlLVA%YONiV_'a Compnnp March 25, 2006 f���I�.yl��l�[�al[�ltll NAME: PALM DES REDEV AGNCY PROJECT LOCATION: HOVLEY/COOK ST " PALM DESERT, CA 92260 PLEASE MAIL PAYMENT TO: SOUTHERN CALIFORNIA EDISON CO. ATTN: BERTRAM E WILLIAMS 36100 CATHEDRAL CANYON DR PALM SPRINGS, CA 1�29.5 PROJ�CT DESCRIPTION: 61804, R15 LINE EXT REL TO TRACT 30795 29 LOTS, 59-88 A11. prices are app.licable for a period of 90 days from this date and are subject to change thereafter. CUSTOMER INVOICE INFORMATION : SCE ACCOUNTING ------------------------- — ---------- ------------------------ — -- Amount To Be Paid By $ 5,783.'LO . Cust Adv Non-Ref-ITCC/Non-Ref Applicant To SCE . 142.130 =$ 530.00 TOTAL = S 5,783.20 . ITCC Cust Adv/Non-Ref . 253.930 = $ 4,408.95 -------- : ITCC Cust Adv/Ref PLEASE PAY i'HIS AMOUNT $ 5,783.20 . 253.931 =$ 844.25 ---- — -------- TOTAL $ 5,783.20 SCE PROJECT NUMBER: 6479-1854, 61804 C.W.O.# C.J.O.# Name: PALM ➢ES REDEV AGNCY Prj Loc HOVLEY/COOK ST PALM DESERT, CA 92260 26100 Menifec Road Romoland, CA 92585 � � SOUtT�-N�CRN �C+AL�/if-'O�,RNIA ''; ' ' � FLN � .�+ `4.4' 1 `U� 03 �� �Q(�+TERNATIONN.�Company APPEATDIX A- REFUNDABLE OPTION RESIDENTIAL ELECTRIC LINE EXTENSION AGREEMENT LOC. 6479 W.O. 1£354 A.I. 61804 JOB # 000445378 1. SCE RUL� 1G COST TO SERVE (A) SCE RULE 16 COST TO SERVE (B) LESS APPLICANT ALLOWANCES (C) EXC�SS RULE 16 COST TO (LINE S. (A)) (D) EXCESS ALLOWANCES TO (LINE 2.) SC� COST TO SERVE RULE 15 (E) OV�RHEAD 0 FEET X $.00 UNIT COST (F) UNDERGROUND 0 FEET X $.00 UNIT COST (G) PROJECT SPECIFIC(IF 2X UNIT COST OR COMPETITIVE BID) (H) TOTAL� SCE RUL� 15 COST TO SERVE 'J_. APPLICANT ALLOWANCES (FROM LINE 1. (D)) 3. REFUNDABLE: (A) SC� RULE 7.5 COST TO SERVE (LINE 1.(H)) (B) PLUS ESTIMAT�D VALUE OF STRUCTURES (C) SUBTOTAL(LINE 3.(A) + 3.(B)) (D) L�SS ALLOWANCE (LINE 2) (L) REFUNDABLE AMOUNT (LINE 3.(C) - 3.(D)) (F) PLUS RFFUNDABLE ITCC* ON LINE 3.(E) (G) TOTI�� AMOUNT (LINE 3.(E) + 3.(F)) 4. PAYM�NT OPlION SELECTED (A) R�FUNDA'BLE OPTION: 1) 2) 3) REFUNDABLE IiAS CHOSEN: SIGN $9,241.00 $42,949.00 $.00 $33,708.00 $.00 $.00 $33,182.00 $33,182.00 $33,708.00 $33,182.00 $4,441.00 $37,623.00 $33,708.00 $3,915.00 $"l, 370.25 $5,285.25 LINE 3.(G) $5,285.25 VALUE OF STRUCTURES: $4,441.00 REFUNDABLE PAYMENT: $844.25 AMOUNT SUBJECT TO REFUND/CREDIT $5,285.25 5. OTHER NON-REFUNDABLE ADVANCES & CREDITS (A) OTHER NON-REFUNDABLE CHARGES (RULE '16, FLAT RATE, INSPECTION, R/W, ETC.) (B) ITCC* ON OTHER NON-REFUNDABLE (C) ITCC'A ON APPLICANT FURNISAED FACILITIES. (D) I:NSTALLED COST OF SUBSTRUCTURE BY SCE (E) :LESS APPLICANT DESIGN OR REIMBURSABLE CREDITS (F) 7'OTAL NON-REFUNDABLE (LINE 5.(A) THRU S.(D) - 5 (G) TO'I'AL CREDITS (LINE 5.(E) - 5.(A) THRU 5.(D)) $530.00 $185.50 $4,223.45 $.00 $.00 (E)) $4,938.95 $.00 5. F1MOi7NT TO BE PAID BY APPLICANT TO SCE 7. ALKO'UNT TO }3E REFUNDED TO APPLICANT UPON FULFILLMENT OF ALL C'.ONTRACTUAL OBLIGATIONS HAS NOT CHOSEN * INCOME TAX COMPONENT OF CONTRIBUTION $5,783.20 �.00 S I GN ____._.___ 26100 Menifee Road Romoland, CA 925II5 � SOUTH[RN CALIFORNIA � �O ��1 Vee An EDISON fN7'CRNATIONAL� Conipanp March 25, 2006 SALES INVOIC� NAME: PROJ�CT LOCATION PALM DES REDEV AGNCY HOVLEY/COOK ST PALM DESERT, CA 92260 PLL•;ASE MAIL PAYMENT TO: SOUTHERN CALIFORNIA EDISON CO. ATTN: BERTRAM E WILLIAMS 36100 CATHEDRAL CANYON DR PALM SPRINGS, CA 14245 PROJECT D�SCRIPTION: 61804, R15 LINE EXT REL TO TRACT 30795 29 L�OTS, 59-88 A11 prices are applicable for a period of 90 days Lrom this date and are subject to change thereafter. Cl75TOM�R INVOICE INFORMATION . SCE ACCOUNTING -------------------------------- ------------------------------- Amouni:'i'o Be Paid By $ 3,140.58 . ITCC Cust Adv/Non-Ref Applicant To SCE . 253.930 =$ 3,140.58 'I`OTAL = $ 3, 14 0. 5 8 . PLEASE PAY THIS AMOUNT $ 3,140.58 : TOTAL $ 3,140.58 : SCE PROJECT NUMBER : 6479-1854, 61804 : C.W.O.# C.J.O.# : Name: PALM DES REDEV AGNCY : Prj Loc HOVLEY/COOK ST . PALM DESERT, CA 92260 26100 Menifee Road Romoland, CA 92555 Q � � `i; SOUTHERN CALIFORNIA �����I W� 03 ,��, p�re2,vnrro�v�c�com����>� APPENDIX A- DISCOUNT OPTION RESIDENTIAL ELECTRIC LINE EXTENSION AGREEMENT LOC. 64'79 W.O. 1854 A.I. 61804 JOB # 000445378 l. SCE RULE 16 COST TO SERVE (A) SCE RULE 16 COS'I' TO SERVE (B) LESS APPLICANT ALLOWANCFS (C) EXCESS RULE 16 COST TO (LINE 5. (A)) (D) EXCESS ALLOWANCES TO (LINE 2.) SCE COST TO SERVE RULE 15 (E) OVERHEAD 0 FEET X $.00 UNIT (F) UNDERGROUND 0 FEET X $.00 UNIT (G) PROJECT SPECIFIC(IF 2X UNIT COST OR COMPETITIVE (H) TOTAL SCE RULE 15 COST TO SERVE 2. APPLICANT ALLOWANCES (FROM LINE 1. (D)) $9,241.00 $42,949.00 $.00 $33,708.00 COST $.00 COST $.00 BID) $33,182.00 $33,182.00 $33,708.00 3. REFUNDABLE: (A) SCE RULE 15 COST TO SERVE (LINE 1.(H)) $33,182.00 (B) PLTJS LSTIMATED VALUE OF STRUCTURES $4,441.00 (C) SUBTOTAL(LINE 3.(A) + 3.(B)) $37,623.00 (D) LESS ALLOWANCE (LINE 2) $33,708.00 (F) REFUNDABLE AMOUNT (LINE 3.(C) - 3.(D)) $3,915.00 (F) PLUS REFUNDABLE ITCC* ON LINE 3.(E) $1,370.25 (G) TOTAL AMOUNT (LINE 3.(E) + 3.(F)) $�,'8�•?-`� 4. PAYMENT OPTIOIV SELECTED: DISCOUNT HAS CHOSEN: SIGN ..,_____________ (E1) NON-REFUNDABLE DISCOUNT :L ) 2) 3) 4) OPTION: 50% 50a OF LI G. $2,642.62 VALUE OF STRUCTURES: $4,441.00 NON-REFUNDABLE PAYMENT: $.00 AMOUNT DUE APPLICANT: $1,798.37 S. OTHER NON-REFUNDABLE ADVANCES & CREDITS (A) OTHER NON-REFUNDABLE CHARGES (RULE 16, FLAT RATE, INSPECTION, R/W, ETC.) (B) ITCC'A ON OTHER NON-REFUNDABLE (C) ITCC* ON APPLICANT FURNISHED FACILITIES. (D) INS'I'ALLED COST OF SUBSTRUCTURE BY SCE (E) LESS APPLICANT DESIGN OR REIMBURSABLE CREDITS (F) TOTAL NON-REFUNDABLE (LINE 5.(A) THRU 5.(D) - (G) TOTAL CREDITS (LINE 5.(E) - 5.(A) THRU 5.(D)) 5.(E)) $530.00 $185.50 $4,223.45 $.00 $.00 $4,938.95 $.00 „ , .,, 6. AMOUN7.' TO BE PAID BY APPLICANT TO SCE 7. AMOTJNT TO BE REFUNDED TO APPLICANT UPON FULFILLMENT OF ALL COlQTRACTUAL OBLIGATIONS HAS NOT CHOSEN: SIGN * IlVCOME TAX COMPONENT OF CONTRIBUTION $3,140.58 . �� 26100 Meni[ee Road Roinolancl, CA 92585 CORITRACT F012 �Xl'E�ISIOB� OF �L�CTRIC DISiRl�UT'IQf� �I�IE RUL� YVO. 15 PARTIES This contract for Extension of Electric Distribution Line ("ContracY' is issued this 25"' day March 2006. The Parties to this Contract are: Paim Desert Redevelopment Agency ("ApplicanP'} and Souther� California Edison Company ("Edison"). Applicant and Edison are referred to individually as "Parry" and collectively as "Parties°. 2. RECITALS Applicant has requested Edison, pursuant to Edison's Rule No. 15, Distribution Line Extensions, to instail an electric distribution line extension ("Line Extension") to the location or locations described as follows: Hovley/Cook St Palm Desert, CA TRACT#30795 (Hereinafter referred to as "ProjecY') 3. AGREEMENT 3.1 Responsibilities of Applicant Construction Applicant shall, in accordance with Edison's specifications and timing requirements for the Project: o Pertorm route cleaning, tree trimming, trenching, excavating and backfilling and compacting; a Furnish imported backfill material and dispose of trench spoil as required; a Fur�ish, instail and transfer ownership to Edison any substructures, conduit, and protective structures required other than the conduit portion of cable-in-conduit; a Obtain any necessary construction permits for ati work performed by Applicant under this Contract. If Applicant elects to have Edison perform any part of this work, Applicant shall pay to Edison, as specified herein and before the start of construction, Edison's estimated-installed costs thereof. Rights of Way Applicant hereby grants to Edison the rights of way and easements for the Line Extension over the shortest, most practical, available, and acceptable route within ApplicanYs property for the purpose of making delivery of electric service hereunder. Such easement shall include the right of access and right to trim trees as necessary. Where formal rights of way, easements, land leases, or permits are required by Edison for installation of facilities on or over ApplicanYs property, or the property of others, Applicant understands and agrees that Edison shall not be obligated to install the Line Extension for the Project unless and until any necessary permanent rights of way, easements, land leases, and permits, satisfactory to Edison, are granted to or obtained for Edison without cost to or condemnation by Edison. ADVANCES Applicant shall contribute or advance, before the start of construction, the refundable and non- refundable amounts as set forth in Appendix A to this Contract. This includes the costs for substructures and conduits which Edison had previously installed at its expense in anticipation of the current Line Extension. Any necessary riser conduit, conduit covering, and miscellaneous riser material required for the Line Extension shall be furnished or paid for by Appiicant and shall be installed by Edison. All contributions and advances by Applicant are taxable and shall include an Income Tax Component of Contribution (ITCC) at the rate provided in Edison's Preliminary Statement. ITCC wiil be either refundable or non-refundable depending on whether the corresponding contribution or advance is refundable or non-refundable. Joint Applicants. The total contribution or advanc� from joint Applicants will be apportioned by Edison among the members of the group in such manner as Applicants mutually agree. 3.2 Respansibilities of Edison Construction Edison shall install, own, operate, and maintain the Line Extension to seroe the Project. Edison will install only those facilities that, in Edison's judgment, wili be used within a reasonabie time to serve permanent loads. Refunds Edison shall make refunds to Applicant in accordance with the provisions of Rule No. 15. 3.3 Ownership of Facilities Title to and ownership of the Line Extension shall vest in Edison. Applicant does hereby agree that upon completion and acceptance by Edison of Any Applicant-installed facilities, title to each and every component part thereof shall immediately pass to Edison free and clear of ail liens and encumbrances. 3.4 Service Facilities Service extensions shall be installed pursuant to Edison's Rule No. 16, Service Extensions. 3.5 Street Lighting Facilities Street lighting and Line Extensions within the Project solely for service to street iighting equipment shall be installed in accordance with the appropriate street light tariff schedule. Street light revenues are not applicable toward allowances or refunds for Line Extensions. Electroliers shall be located at points determined by the governmental agency having jurisdiction over streets to be dedicated to that agency or by Applicant for privately owned and maintained streets open to and used by the general public. 3.6 Non-Refundable Discount Option In lieu of contributing the total refundable amount, Applicant has the option of contributing, on a non-refundable basis, a percentage of such refundable amount as set forth in Appendix A to this Contract. Applicant has or has not chosen this option as indicated by signature on Appendix A. 3.7 Refunds The total refundable amount shall be subject to refund, without interest, in accordance with the provisions of Rule No. 15, which include the following: Residential. Refunds will be made on the basis of any new customer permanent load connected to the Line Extension which produces additional revenues to Edison. The refund will be deducted from the total refundable amount, and the remaining amount subject to refund will represent that portion of the Line Extension cost no supported by revenues. Non-Residenfial. Refunds will be made on the basis of Applicant or any new customer permanent load connected to the Line Extension which produces additional revenues to Edison. Edison shall be responsible to review ApplicanPs actual net revenue for fhe first three years from the date Edison is first ready to serve. Applicant shall be responsible for notifying Edison if new, permanent load is added the fourth through tenth year from the date Edison is first ready to serve. Such review shall determine if additional net revenue justifies refunds to Applicant. Unsupported IExtension Cos4. When any portion bf a refundable amount has not qualified for a refund at the end of twelve (12) months from the date Edison is first ready to serve, Applicant wiil pay to Edison an ownership charge on the remaining refundable balance. The difference between the total refundable advance and any refunds made or eligible to be made to Applicant shail serve as the basis of a monthly ownership charge ("base"). Monthly ownership charges are calculated by multiplying the base times the Customer-financed added facilities percentage in Rule No. 2. Monthly ownership charges are distinct from the refundable amount and will normally be accumulated and deducted from refunds due to Appiicant. This provision does not apply to individual residential Appiicants. The monthly ownership charges herein shall automaticaliy increase or decrease if the California Public Utilities Commission should subsequently authorize a higher or lower percentage rate for the monthly ownership charges, effective on the date of such authorization. Refund Period. The total refundable amount is subject to refund for a period of ten (10) years after the Line Extension is first ready to serve. Any unrefunded amount remaining at the end of the ten- year period shall become property of Edison. 3.8 Payment Adjustments Contract Compliance. If, after six (6) months following the date Utility is first ready to serve residential loads for which allowances were gYanted, one (1) year for non-residentia� loads, Applicant fails to take service, or fails to use the seroice contracted for, Applicant shall pay to Edison an additional contribution, based on the aliowances for the loads actually installed. Excess Facilities. If the load information provided by Appiicant results in Edison having installed facilities which are in excess of those needed to serve the actual loads, and Edison elects to reduce such excess facilities, Applicant shall pay to Edison its estimated total costs to remove, abandon, or replace the excess facilities, less the estimated salvage of any removed facilities. 3.9 Reimbursement to Applicant Where mutually agreed upon by Edison and Applicant, Applicant may perform Edison's work or instali facilities normally instailed by Edison. Such work shall be in accordance with Edison's specifications and timing requirements. Edison shail reimburse Applicant Edison's estimated installed cost of such facilities and work by applying a credit toward ApplicanYs advance. Any amount not so credited shall be reimbursed to Applicant upon acceptance of the work and facilities by Edison. - 3.10 Delays in Construction Force Majeure. Edison shall not be responsible for any delay in the installation or completion of the facilities by Edison resulting from the late performance of ApplicanYs responsibilities under this Contract, shortage of labor or material, strike, labor disturbance, war, riot, weather conditions, governmental rule, regulation or order, including orders or judgments of any court or commission, delay in obtaining necessary land rights, act of God, or any other cause or condition beyond the control of Edison. Resources. Gdison shall have the right, in the event it is unable to obtain sufficien4 supplies, materials, or labor for al� of its construction requirements, to allocate materials and labor to construction projects which it deems, in its sole discretion, most important to serve the needs of its customers. Any delay in construction hereunder resulting from such allocation shali be deemed to be cause beyond Edison's control. Contract Revision. If Applicant does not commence installation of any facilities which are ApplicanYs responsibility or Edison is prevented from commencing the installation of the facilities for causes beyond its reasonable control within one year from the effective date of this Contract, Edison may, in its discretion, revise its cost estimate and recalculate the refundable and/or non- refundable amounts et forth herein. Edison wili noh"fy Applicant of such increased costs and give the option to either terminate this Contract or pay Edison the additional charges. 3.11 Contract Termination If at any time during the term of this Contract, Edison is not the sole supplier of electrical requirements for the Project, this Contact may be terminated. Upon termination of the Contract, Applicant agrees to forfeit that portion of the advance paid to Edison for its expenses covering any engineering, surveying, right of way acquisition and other associated work incurred by Edison. If such expenses are greater or less than the refundable and/or non-refundable advance, Applicant shali pay to Edison, or Edison shall refund the balance to Applicant, without interest, as the case may be. 3.12 Indemnification Applicant shall, at its own cost, defend, indemnify, and hold harmless Edison, its officers, agents, employees, assigns, and successors in interest from and against any and all liability, damages, losses, claims, demands, actions, causes of action, costs including attorney's fees and expenses, or any of them, resulting from the death or injury to any person or damages to any properry caused by Applicant or its contractor and employees, officers or agents of either Applicant or its contractor, or any of them, and arising out of the performance or nonperformance of their obligations under this contract. 3.13 Assignment of Contract Applicant may assign this Contract, in whole or in part, only if Edison consents in writing and the party to who fhe Contract is assigned agrees in writing, to perform the obligations of Appiicant hereunder. Assignment of the Contract shall not release Applicant from any of the obligations under this Contract unless otherwise provided herein. 3.14 Joint and Severai Liability Where two or more individuals or entities are joint Applicants under this Contract, aIl Applicants shall be jointly and severaily liable to comply with ail terms and conditions herein. 3.15 Warranty Applicant warrants that all work and/or equipment furnished or installed by Applicant or its contractor shall be free of defects in workmanship and materiai. The warranty period shall begin from the date of final acceptance by Edison and extend for one (1) year. Should the work develop defects during that period, Edison, at its election, shail either (a) repair or replace the defective work and/or equipment, or (b) demand that Applicant repair or replace the defective work and/or equipment and, in either event, Applicant shall be liable for all costs associated with such repair and/or replacement. Applicant upon demand by Edison, shaii promptly correct, to Edison's satisfaction and that of any governmental agency having jurisdicfion, any breach of any warranty. 3.16 Contract Effective Date This Contract shall not be effective uniess it is (1) executed and delivered by Applicant to Edison together with payment required hereunder within ninety (90) days of the date in Paragraph 1 of this Contracf and (2) accepted by Edison. This Contract shall then be effective on the date executed by Edison and shail take effect withou4 further notice to Applicant. 3.17 Commission Jurisdic4ion This Contract is subject to the applicable provision of Edison's tariffs, including Rule No. 15, filed and authorized by the California Public Utilities Commission. This Contract shall, at all times, be subject to such changes or modifications by the Pubiic Utilities Commission of the State of California, as said Commission may, from time to time, direct in the exercise of its jurisdiction. 3.18 Completion Date The completion date requested by Applicant is X 4. SIGNATURE CLAUSE The signatures hereto represent that they have been appropriately authorized to enter into this Contract on beha�f of the party for whom they sign. APPLICANT(Sl CORPORATION, PAR ERS�; OR` BR,� Palm Desert Redevelopment Aaencv SIGNATURE: X /9�{I , �>il//�' TITLE: X �SSISi� . �Ytt,f.le� MAILING ADDRES : X 7-510 rina Dr.. Palm Desert. CA 92260 TELEPHONE: X 760-320-8773 ADDITIONAL SIGNATURES FOR JOINT APPLICANTS NAME OF AUTHORIZED INDIVIDUAL: SIGNATURE: TITLE: ' MAILING ADDRESS: TELEPHONC: ADDITIONAL SIGNATURES FOR JOINT APPLICANTS NAME OF AUTHORIZED INDIVIDUAL: SIGNATURE: TITLE: MAILING ADDRESS: TELEPHONE: APPORTIONMENT OF ADVANCE AMONG JOINT APPLICANTS: SOUTHERN CALIFORNIA EDISON COMPANY NAME OF AUTHORIZED INDIVIDUAL: David J. Brenqman SIGNATURE: TITLE: Newr Development Desian Suqervisor DATE EXECUTED: DATE EDISON FIRST READY TO SERVE: WORK ORDER NO. 6479-1854, 61804 ASSOCIATED WORK ORDER NOS. 6579-4215. 64000. 6479-2000. 62076 SOdJTH�RN CALIFOR1vIIA �19ISON ("SC�") IDI5TRISUTION LIN� AND/Olt S�RVICE �XT�NSgON A�PLICANT'S INSTALLATION �PTIOIV AND STATEM�NT OF AFPLICANT'S CONTRACT ANTICIPAT�D COSTS Applicant: Work Order Number: Palm Desert Redeveloument Ageucy 6479-1854,61804 Projecl Speciiic Location: Hovley/Cook St, Palm Desert 1. INSTALLATION OPTYON,S Applicant understands that in accordance with SCE's Rule 15 and/or Rule 16, Applicant can elect to have either SCE install Yhe Distribution Line and/or Service Extension or a Qualiiied Contractor/Subcontractor instalt the Distribution Line and/or Seivice Extension. 2. 3C�'S �STIMATED R�FUNIDABLE COST INFOI2MATION SCE's estimated refizndable costs are based on the work that SCE would noimally perform that c1n be performed by a Qualified Contractor/Subcoutrac[or uuder the provisions of the Applicant Installation Option, Rule 15, Section G, and in accordance with SCE's Terms and Conditions Agreement £or Installation of Distribution Line Extensiou by Applicant (Form 14-188). SCE's estimated refundable costs:* $ 33,182.00 If applicable, other estimated cost information may be provided below. This could include the credit amount for Rule 16, streef light, or other associated instailation work. SCE Rule 16 credit amount* $ SCE street light credit amount:* $ SCE associated work credit amount:�` $ 3. APPLICANT SELECTION Applicant understands the installation options under Section 1 above, followi g Installation Option Uy inifialing the appropriate selection below: Installation by SCE Installation by Qualified Contractor/Subcontractor and hereby elects the Under installation by Qualified Cont�•actor/Subcontractor, Applicant shall secure project specific bid information from Qualified Contractors/Subcontractors for the installation of ihe Distribufion Line and/or Service extension. Applicant shall contribute or advance before the start of conslruction any refundable or non-refundable amounts as specified in Rules IS and 16. a`Please refer to the speci£c contracL, Appendix A, for detailed financial infonnation. Form 14-754, New 7/04 4. APPLIC�T'�"S CONTRAC'd' AN'I'TCIF'A'I'ED CO5T iNTOi210�ATION (to be completed only if installation is perfoinied by a Qualified Contractor/Subcontractor as selected iu Section 3 above) Applicant and/or ApplicanYs Qualified Contr�actor/Subcontractor understands that for the portion of the Electrical DistriUution and/or Service �xtension that SCE would uoimally install, iu accordance with SCE's Rule's 15 ancUor 16 and the Ternis and Conditions Agreement for Installation of Distribution Line �xtension by Applicant, the Applicant, prior to perforniing any work associated with the installation of these electrical facilities, aud for the purpose of utility bill'uig and accouuting, shall elect oue of the followiug options, and retuin tlus form to SCE prior to SCE proceeding with any further work on the Applicant's project. Option 1 Applicant elects to provide SCE with the Applicant's Contract Antici�ated Costs, which are subject to refund, that are associated with Ehat portion of the new Distribution Line and/or Seivice Extension normally installed by SCE, and understands that the lower oF SCE's estimated refiuidable cost or the Applicant's Contract Anticipated Costs, which are subject to refund, as submitted below, shall apply to any applicable SCE refunds and allowances provided in accordance with Rules 15 and 16,' or Option 2 Applicant elects not to provide SCE with the Applicant's Contract Anticipated Costs, wluch are subject to refiuid. The Applicant understands that by selecCing this opiion, the Applicant is directing SCE to use SCE's estimated refundable cost far all billing and accounting. Appticanl understands the Applicant Cost Infoimation, as described above, and hereby elects the following by initialing the appropriate selection Uelow: Option 1- Applicant's Contract Anticipated Costs $ Option 2- SCE's Estimated RefizndaUle Costs 5. ITCC SCE shall value all trenching, conduit, backfill, street repair, substructures, and encasement, based on SCE's estnnate of such items, for the purposes of collecting the applicable governmental taxes (ITCC) on contributions to SCE. 6. UTILITY RGSPONSYBILITiES Upon receipt of this completed aiid signed foim, SCE shall begin the process of producing the applicable contracts and forms based on the selections made by the Applicant. 7. SIGNATiJR� I declare under penalty of perjury at the fo egoin ApplicanYs signature: , � a��' 6 Applicazit's printed name: � �tAS� Vl Date: l � f`'i l ��O � � � Excludes the estimated costs of wark the Appiicant camiot perfoim, such as, work on or in proximity to, energized equipment. Fonn 14-754, New 7/04 � Sp-O-UTHERN CALIFORNIA .,, {L�����'x An F.O/SON INTERNATIONAL�' Cmnpany � �� � �` Sk 'j) ��I �� ' ��'R ��� l., .��IIE. {V' .�. ��3� �'e A �URP� �"� � r ��.aw�� � �:��1�;. April 07, 2006 PALM DES REDEV AGNCY 73 -510 FRED G7Al2ING DR ' PALM DESERT, C.'-1 92260 SulijecL: SCE Project Number: 6479-1857, 61807 P�-oject location: HOVLEY/COOK ST PALM DESERT, CA 92260 'Phanlc you L-o:r t:he opportunity to assist you with your electrical needs. 'Che .in�ormation. provided below indicates requirements needed to complete youi� p.coject. Please read and follow the directions so that your project rr��y be comple,�ted in a timely manner. n}311�losed are two copies of our invoice. Return one copy of the invoice with your payment. 0 � v�_c�ase return a11 applications and/or agreements fully completed. Susemcnt documents will be mailed directly to you from our Ri.ght-of-tiVay Department. Please complete and return as directed. o i�n �ciison Siispector must approve all underground systems. Call (951.)928-8294 prior to construction. 0 O �� Call Lhe Ed:�son Company at (800)655-4555 to make application for c-:;.ectrical service. Fina.l electxica7. inspectiori from the L�ocal Governmental Building and Safety Departmeiit must be received before we can energize your service. PLEASE CHOOSE EITHER REFUNABLE OR DISCOUNT OPTION AND SIGN BOTH APPENDICES AND RETURN WITH YOUR SIGNED CONTRACT, INVOICE AND PAYMENT. Plea;;e reTurn the documents and/or payment in the enclosed self-addressed :�nve:lope. A:Eter receipt of the required documents, your project will be 5clieduled Por construction. If you have any questions, feel free to call. zne at (95].) 928-8294. Sincerely, BERTRAM E WILLIAMS Customer Service Planner l�nc7.r�st.ire s 2G 100 Menifee Rd. Romol�nd, CA 92585 � SOUryT-H�E�RN CALIFORNIA � li.d� � � � �x, An @DlSON hVTf2NATIONAL+ Companp April 07, 2006 SALES INVOICE NAMP: PRCJ1?CT LOCATIUN PALM DES REDEV AGNCY HOVLEY/COOK ST PALM DESERT, CA 92260 PLLIA�:L! MAIL� F:�YMENT T0: SOUTHERN CALIFORNIA EDISON CO. ATTN: B.ERTRAM E WILLIAMS 36100 CATHEDRAL CANYON DR PALM SPRINGS, CA 14245 PROJL�C'T DESCRIPTION: 61807, R15 LINF EXT REL TO TR 30795 LOT SALES, LOTS 95-108 A:1]. prices are applicable for a period of 90 days irom this date and are subject to change thereafter. CUS'.i'liCfl'PK CNVOICE INFORMATION . SCE ACCOUNTING ---------- — ------- — ------------------- - — ---- — ----------- Arnouz:�,t To Be Paid By $ 23,765.80 . Cust Adv Non-Ref-ITCC/Non-Ref Aj1F'�����1ciT71: TO SCF . 142.130 =$ 530.00 T07'AL = $ 23,765.80 . Cust Adv for Const-ITCC/Ref . 252.130 = $ 15,358.00 -------------- : ITCC Cust Adv/Non-Ref PLEASE PAY THLS AMOUNT $ 23,765.80 . 253.930 =$ 1,843.45 ______________ . ITCC Cust Adv/Ref . 253.931 = $ 6,034.35 -------------- TOTAL $ 23,765.80 SCE PROJECT NUMBER: 6479-1857, 61807 C.W.O.# C.J.O.# Name: PALM DES REDEV AGNCY Prj Loc AOVLEY/COOK ST PALM DESERT, CA 92260 26100 Meuifee Rd. Romol�nd, CFl 92585 SOUTFI[RN CALqIF��ORpN�IA ��� ��l_// I `Ull �� �1��3id��iHrrnnoiriox�r.aco„�N,�,>- APPENDIX A- RFFUNDABLE OPTION RESIDENTIAL� ELECTRIC LIN� EXTENSION AGREF,MENT T,pC. 6279 W.O. 1857 A.I. 61807 JOB # 000445392 1. SCE RULE 16 COST TO S�RVE (A) SC� RULF 16 COST TO SERVF $.00 (13) LESS APPLICANT ALLOWANC'.ES $.00 (C) EXC�SS RULE 16 COST TO (I�INE S. (A)) $.00 (D) EXCFSS ALLOWANCES TO (LINE 2.) ' ,$.00 �C� COST 7'0 SERVE RULE 15 (E) OVERTILAD 0 FEET X $.00 UNIT COS'P (F) �JNDERGROUND 0 FEET X $.00 UNIT COST !G) 1�ROJECT SPECIPIC(IF 2X UNIT COS'P OR COMPETITIVF BID) !H) T07.'AL SCE RULE 15 COST TO SERVE 3. APYLICANT ALLOWANCES (FROM LINE 1. (D)) �3. RL;I�'iTNDAI3Lli: (A) �CE RUL�E 15 COST TO SERVE (LINE 1.(H)) (B) PL�;TS F'S'PTMA'PED VALUE OF STRUCTUR�S (�;) Sl'JI3'PU'i'A7:,(LINE 3. (A) + 3. (B) ) (Li) ]:�I.�SS ALLOWANCF (LINE 2) 1,13) REFUNDABL7s AMOUNT (LINE 3.(C) - 3.(D)) {n� }�I,UO R.FI'Ul'dDASLL ITCC* ON LINE 3. (E) (c;) 9'C�'PAL �1MOUNT (LINE 3 . (E) i- 3. (F') ) ,;.. ?<+:�1"Il^'N'P OPT10N SELECTFD: REFUNDABLE HAS CHOSEN: SIGN (1�? l:.F,FUNDABLE ]. ) �) 11 $.00 $.00 $15,358.00 $15,358.00 � �1 $15,358.00 $1,883.00 $17,241.00 $.00 $17,241.00 $6,034.35 $23,275.35 OPTION: LINE 3.(G) $23,275.35 VALUE OF STRUCTURES: $1,883.00 REFUNDABLE PAYMENT: $21,392.35 AMOUNT SUBJECT TO REFUND/CREDIT $23,275.35 S. OTHFiP IQON--RFFUNDABI,E ADVANCES & CREDITS (A) G'PHER NON-REFUNDABLE CHARGES (RULE 16, H'L'AT RATE, INSPECTION, R/W, ETC.) (13) ITCC* ON O'PI3ER NON-REFUNDABLE (r) T'.l'CC* OiV APPLICANT FURNISHED FACILITIES. (D) IIVSTAliT,ED COST OF SUBSTRUCTURE BY SCE (E) L�P�SS APPLICANT DESIGN OR REIMBURSABLE CREDITS (i�') '1:'OTAL NON-REFUNDABLE (LINE 5.(A) THRU 5.(D) - 5.(E)) ;U1 `:'OTAL CREDITS (LINE 5.(E) - 5.(A) THRU 5.(D)) $530.00 $185.50 $1,657.95 $.00 $.00 $2,373.45 $.00 E� . i�tAOUNT 'PO BS' PAID BY APPLICANT TO SCE � $23 , 765 . 80 `7. AInOUNT `1'U B�, REFUNDED TO APPLICANT UPON PULFILLM�NT OF ALL �ONTR7ICTUAL UBLIGATIONS �S'.00 _----.. _ ��---- HAS NOT CHOSEN: SIGN 6 __ * IIVCOME TAX COMPONENT OF CONTRIBUTION 2G 100 Nienifee Rd. Romoland, CA 92585 , SOUTHERN CALIFORNIA .�. �����I V� An EDISONWTC2N�ITIONAL.'. Company, Apri1 07, 2006 SALES :CNVOICE NAME: PROJ�CT LOCATION: PALM DES REllEV AGNCY IIOVLEY/COOIz ST PALM DESERT, CA 92260 PLEASE MAIL PAYMENT TO: SOUTHERN CALIFORNIA FDISON CO. ATTN: BERTRAM E WILLIAMS 36100 CATHEDRAL CANYON DR PALM SPRINGS, CA 14245 ;�RC�J'�C'7' DESCRIPTION: 61807, R15 LINE EXT REL TO TR 30795 LOT SALES, LOTS 95-108 Al1 prices are applicable for a period of 90 days L-rorn this date and are subject L-o change thereafter. i,:i;;;'�;pMF,R INVOICE INFORMATION . SCE ACCOUNTING ----------------------------------------------------- — ----- — ---------- Amount:`['c; Be Paid By $ 12,128.12, . Cust Adv Non-Ref-ITCC/Non-Ref Ap�>:I.:.�:, r.t '.Co SCE . 142.130 =$ 7, 267.49 T07'AL = $ 12,128.12 . ITCC Cust Adv/Non-Kef . 253.930 = $ 4,860.63 PLBAf�15 ;�AY THIS AMOUNT $ 12,12II.12 . I I : TOTAL $ 12 , 12 f3 . 12 : SCE PROJECT NUMBER : 6479-1857, 61807 : C.W.O.# C.J.O.# : Name: PALM DES REDEV AGNCY : Prj Loc HOVLEY/COOK ST . PALM DESERT, CA 92260 26100 Menifee Rd. 2omolmid, CA 92585 � {S7'OUjT�HERN CALIf-ORjN�IA� ' ,� ' ILli.d' 0��1 46 �y �(�:3r dA�iN7T:RNATiONAU6Compnny APPENDIX A- DISCOUN'P OP'PION RESIDENTIAL ELECTRIC LINE EXTENSION AGREEMENT LO(.'.. '047� W.O. 1II57 A.I. 61II07 JOB # 000445392 l. SCF RULE 16 COST TO SERVE (A) SCE R'ULE 16 COST TO SERVE (�) LFSS APPLICf1NT ALLOWANCES (C".) E�XCESS RULE 16 COST TO (LINE 5. (A)) (D) FXC�SS ALLOVJAN("ES TO (LINE 2.) SCE COST TO SERVE RULE 15 CE� OVE;RHEAD 0 FERT X $.00 UNIT COST i L'; i7ND131tGROUND 0 PEET X $. 00 UNIT COST (C�) PhOJi�C`P �PE;CIPIC(SF 2X UNIT COST OR COMPETITIVE BID) O=) 'COT�L SC� RULF 15 COST TO SERVE 2. 11RPLICAIV`P A:LLOWANCES (FROM LINE 1. (D) ) . 1<PPLiN'DAI3LE : (P.) SCE RULE 15 COST 'PO SERVE (LINE 1. (H) ) !P_�) PL'Ju Pu'I"IMA'PE]) VALUE OF STRUCTURES (C) SUi3'I'OTAL (L1N'�; 3. (A) + 3. (B) ) (D) f..�ESS Ai�LOWANCE (LINE 2) (Z) .RLFi1ND�LE AMOL7NT (LINE 3. (C) - 3 . (D) ) (L') PLCJ� FtEI.�UNDABLE ITCC* ON LINE 3. (E) l.Gi 'PO'J'AL ANIOUIQT (L7NG 3. (E) + 3. (F) ) n-. '�t�Y.1�IL'NT OPTCON SEL�C'.PED: DISCOUNT (A) ➢ION-R�P'U:IVDABLE UISCOUNT OPTION: L) �) 3) �. ) $.00 $.00 $.00 $.00 $.00 $.00 $15,358.00 $15,358.00 . �� $15,35£3.00 $1,883.00 $17,241.00 $.DO $17,241.D0 $6,034.35 $23,275.35 HAS CHOSEN: SIGN 4 S�a 50o OF LI G. $11,637.67 VALUE OF STRUCTURES: $1,883.00 NON-REFUNDABLE PAYMENT: $9,754.67 AMOUNT DUE APPLICANT: $.00 S. 0'PHElt N01V-REFUNDABT E ADVANCES & CREDITS (A) OTRER NON-REF'UNDABLE CAARGES (R'ULE 16, FLAT RA'PE, INSPECTION, R/W, ETC.) (13� iTCC* UN OTHER NON-REFUNDABLE (C) 'C'.CCC* ON' APPLICANT FURNISHED FACILITIES. (ll) INSTALLED c:OST OF SUBSTRUCTURE $Y SCE (Fj L��Sf_; APPLICANT DESIGN OR REIMBURSABLE CREDITS (.E�) 'COTAL NON-REFUNDABLE (LINE 5.(A) THRU 5.(D) - 5 (G) 7'OTAL CREDITS (LINE 5.(�) - 5.(A) THRU 5.(D)) $530.00 $185.50 $1,657.95 $.00 $.00 (E)) $2,373.45 " $.00 6. AIKOUNT TO BE PAID BY APPLICANT TO SCE 7. AMOUIVT TO BE RFFUNDED TO APPLICANT UPON FULFILLMENT OF ALL CONTRACTUAL OBLIGATIONS HAS NOT CHOSEN: SIGN * INCOME TAX COMPONENT OF CONTRIBUTION $12,128.12 $.00 2G l00 Menifee Rd. Romotnnd,CA 92585 CO�ITRAC'T �OR E)C'T�6�SBO�J OF ELECTRIC bISTRI�UTIAiV �IN� RULE iVO. 95 PARTIES This contract for Extension of Electric Distribution Line ("ContracY' is issued this 7th day Aprii 2006. The Parties to this Contract are: Palm Desert Redevelopm�nt Aqencv ("ApplicanY') and Southern California Edison Company ("Edison"). Applicant and Edison are referred to individually as "Party" and co�lectively as "Parties". 2. RECITALS Applicant has requested Edison, pursuant to Edison's Rule No. 15, Distribution Line Extensions, to install an electric distribution line extension ("Line Extension") to the location or locations described as follows: Hovley/Cook St 6Talm Deseri, CA T62ACT#30795 PH5 (Hereinafter referred to as "ProjecN') 3. AGREEMENT 3.1 Responsibilities of Applicang Construction Applicant shall, in accordance with Edison's specifications and timing requirements for the Project: m Pertorm route cleaning, tree trimming, trenching, excavating and backfilling and compacting; m Furnish imported backfill material and dispose of trench spoil as required; � Furnish, install and transfer ownership to Edison any substructures, conduit, and protective structures required other than the conduit portion of cable-in-conduit; o Obtain any necessary construction permits for all work pertormed by Appiicant under this Contract. If Applicant elects to have Edison perForm any part of this work, Appiicant shall pay to Edison, as specified herein and before the start of construction, Edison's estimated-installed costs thereof. f2ights of Way Applicant hereby grants to Edison the rights of way and easements for the Line Extension over the shortest, most practical, available, and acceptable route within ApplicanYs property for the purpose of making delivery of electric service hereunder. Such easement shall include the right of access and right to trim trees as necessary. Where formal rights of wa�, easements, land leases, or permits are required by Edison for installation of facilities on or over ApplicanYs property, or the property of others, Applicant understands and agrees that Edison shali not be obligated to instali the Line Extension for the Project unless and until any necessary permanent rights of way, easements, land leases, and permits, satisfactory to Edison, are granted to or obtained for Edison without cost to or condemnation by Edison. ADVANCES Applicant shall contribute or advance, before the start of construction, the refundable and non- refundable amounts as set forth in Appendix A to this Contract. This includes the costs for substructures and conduits which Edison had previousiy installed at its expense in anticipation of the current Line Extension. Any necessary riser conduit, co�duit covering, and miscellaneous riser material required Por the Line Extension shall be furnished or paid for by Applicant and shall be installed by Edison. All contributions and advances by Applicant are faxable and shall include an Income Tax Component of Contribution (ITCC) at the rate provided in Edison's Preliminary Statement. ITCC will be either refundable or non-refundable depending on whether the corresponding contribution or advance is refundable or non-refundable. Joint Applicants. The total contribution or advance' from joint Applicants will be apportioned by Edison among the members of the group in such manner as Applicants mutually agree. 3.2 Responsibilities of Edison Construction Edison shall install, own, operate, and maintain the Line Extension to serve the Project. Edison will install only those facilities that, in Edison's judgment, will be used within a reasonable time to serve permanent loads. Refiunds Edison shall make refunds to Applicant in accordance with the provisions of Rule No. 15. 3.3 Ownership of Facilities Titie to and ownership of the Line Extension shall vest in Edison. Applicant does hereby agree that upon completion and acceptance by Edison of Any Appiicant-installed facilities, title to each and every component part thereof shall immediately pass to Edison free and clear of all liens and encumbrances. 3.4 Service Facilities Service extensions shall be installed pursuant to Edison's Rule No. 16, Service Extensions. 3.5 Street Lighting Facilities Street lighting and Line Extensions within the Project solely for service to street lighting equipment shall be installed in accordance with the appropriate street Iight tariff schedule. Street light revenues are not applicable toward allowances or refunds for Line Extensions. Electroliers shall be located at points determined by the governmental agency having jurisdiction over streets to be dedicated to that agency or by Applicant for privately owned and maintained streets open to and used by the general public. 3.6 [Von-Refundabie Discount Option In lieu of contributing the total refundable amount, Applicant has the option of contributing, on a non-refundable basis, a percentage of such refundable amount as set forth in Appendix A to this Contract. Applicant has or has not chosen this option as indicated by signature on Appendix A. 3.7 Refunds The total refundable amount shail be subject to refund, without interest, in accordance with the provisions of Rule No. 15, which include the foilowing: Residential. Refunds will be made on the basis of any new customer permanent load connected to the Line Extension which produces additional revenues to Edison. The refund will be deducted from the total refundable amoun4, and the remaining amount subject to refund will represent that portion of the Line Extension cos4 no supported by revenues. PVon-Residentiai. Refunds will be made on the basis of Applicant or any new custoiner permanent load connected to the Line Extension which produces additional revenues to Edison. Edison shall be responsible to review ApplicanPs actual net revenue for the first three years from the date Edison is first ready to serve. Applicant shall be responsible for notifying Edison if new, permanent load is added the fourth through tenth year from the date Edison is first ready to serve. Such review shall determine if additional net revenue justifies refunds to Applicant. Unsupported Extension Cost. When any portion bf a refundable amount has not quaiified for a refund at the end of twelve (12) months from the date Edison is first ready to serve, Applicant will pay to Edison an ownership charge on the remaining refundable balance. The difference between the total refundable advance and any refunds made or eligible to be made to Applicant shall serve as the basis of a monthly ownership charge ("base"). Monthly ownership charges are calculated by multiplying the base times the Customer-financed added facilities percentage in Rule No. 2. Monthly ownership charges are distinct from the refundable amount and will normally be accumulated and deducted from refunds due to Appiicant. This provision does not apply to individual residential Applicants. The monthly ownership charges herein shall automatically increase or decrease if the California Public Utilities Commission should subsequently authorize a higher or lower percentage rate for the monthly ownership charges, effective on the date of such authorization. Ptefund Period. The total refundable amount is subject to refund for a period of ten (10) years after the Line Extension is first ready to serve. Any unrefunded amount remaining at the end of the ten- year period shali become property of Edison. 3.8 Payment Adjustments Contract Compliance. If, after six (6) months foliowing the date Utility is first ready to serve residential loads for which allowances were granted, one (1) year for non-residential loads, Applicant fails to take service, or fails to use the service contracted for, Applicant shall pay to Edison an additional contribution, based on the allowances for the loads actually installed. Excess Facilities. If the load information provided by Applicant results in Edison having installed facilities which are in excess of those needed to serve the actual loads, and Edison elects to reduce such excess facilities, Applicant shall pay to Edison its estimated total costs to remove, abandon, or repl2ce the excess facilities, less the estimated salvage of any removed facilities. 3.9 Reimbursement to Applicant Where mutually agreed upon by Edison and Applicant, Applicant may perform Edison's work or install facilities normally installed by Edison. Such work shall be in accordance with Edison's specifications and timing requirements. Edison shall reimburse Applicant Edison's estimated installed cost of such facilities and work by applying a credit toward ApplicanYs advance. Any amount not so credited shall be reimbursed to Applicant upon acceptance of the work and facilities by Edison. 3.10 Delays in Corostruction Force Majeure. Edison shall not be res�onsible for any delay in the installation or completion of the facilities by: Edison resulting from the late pertormance of Applicant's responsibilities under this Contract, shortage of labor or material, strike, labor disturbance, war, riot, weather conditions, governmental rule, regulation or order, inciuding orders or judgments of any court or commission, delay in obtaining necessary land rights, act of God, or any other cause or condition beyond the control oT Edison. Resources. Edison shall have the right, in the event it is unable to obtain sufficient supplies, materials, or labor for all of its construction requirements, to allocate materials and labor to construction projects which it deems, in its sole discreYion, most important to serve the needs of its customers. Any delay in construction hereunder resulting from such allocation shall be deemed to be cause beyond Edison's control. Contract (tevision. If Applicant does not commence installation of any facilities which are Applicant's responsibility or Edison is prevented from commencing the installation of the facilities for causes beyond its reasonable control within one year from the effective date of this Contract, Edison may, in its discretion, revise its cost estima�e and recalculate the refundable and/or non- refundable amounts et forth herein. Edison will notTy Applicant of such increased costs and give the option to either terminate this Contract or pay Edison the additional charges. 3.91 Contrac4 Termina4ion If at any time during the term of this Contract, Edison is not the sole suppiier of electrical requirements for the Project, this Contact may be terminated. Upon termination of the Contract, Applicanf agrees to forteit that portion of the advance paid to Edison for its expenses covering any engineering, surveying, right of way acquisition and other associated work incurred by Edison. If such expenses are greater or Iess than the refundable and/or non-refundable advance, Applicant shall pay to Edison, or Edison shall refund the balance to Applicant, without interest, as the case may be. 3.12 IndemnifBcation Applicant shall, at its own cost, defend, indemnify, and hold harmless Edison, its officers, agents, employees, assigns, and successors in interest from and against any and all liability, damages, losses, claims, demands, actions, causes of action, costs including attorney's fees and expenses, or any of them, resulting from the death or i�jury to any person or damages to any property caused by Applicant or its contractor and employees, officers or agents of either Applicant or its contractor, or any of them, and arising out of the performance or nonpertormance of their obligations under this contract. 3.13 Assignment of Contract Applicant may assign this Contract, in whole or in part, only if Edison consents in writing and the party to who the Contract is assigned agrees in writing, to perform the obligations of Applicant hereunder. Assignment of the Contract shall not release Applicant from any of Yhe obiigations under this Contract unless otherwise provided herein. 3.14 Join4 and Several Liability Where iwo or more individuals or entities are joint Appiicants under this Contract, all Applicants shall 6e jointly and severally Iiable to comply with all terms and conditions herein. 3.15 Warranty Applicant warrants that all work and/or equipment furnished or installed by Applicant or its contractor shafl be free of defects in workmanship and material. The warranty period shall begin from tlie date of final acceptance by Edison and extend for one (1) year. Should the work develop defects during that period, Edison, at its election, shall either (a) repair or replace the defective work and/or equipment, or (b} demand that Applicant repair or replace the defective work and/or equipment and, in either event, Applicant shall be liable for all costs associated with such repair and/or replacement. Applicant upon demand by Edison, shall promptly correct, to Edison's satisfaction and that of any governmental agency having jurisdiction, any breach of any warranty. 3.16 Contract Effective Date This Contract shall not be effective unless it is (1) executed and delivered by Appiicant to Edison together with payment required hereunder within ninety (90) days of the date in Paragraph 1 of this Contract and (2) accepted by Edison. This Contract shall then be effective on the date executed by Edison and shall take effect without further notice to Applicant. 3.17 Commission Jurisdiction This Contract is subject to the applicable provision bf Edison's tariffs, including Rule No. 15, filed and authorized by the California Public Utilities Commission. This Contract shall, at all times, be subject to such changes or modifications by the Public Utilities Commission of the State of California, as said Commission may, from time to time, direct in the exercise of its jurisdiction. 3.18 Comple4ion Ilate The completion date requested by Applicant is X 4. SIGNATURE CLAUSE The signatures hereto represent that they have been appropriately authorized to enter inYo this Contract on behalf of the party for whom they sign. APPLICANT(S) CORPORATION, PART RSHIP, OR D A• Palm Desert RedevelopmenY Aaencv SIGNATURE: X � 1 TITLE: X � G i�t� ��a���/✓ YLCG�t/2�,6�3'ln.P�1n.C� MAILING ADDRESS: ,�X 73-b10 red ri a Dr.. Palm Desert. CA�92260 TELEPHONE: X 760-320-87i3 ADDITIONAL SIGNATURES FOR JOINT APPL�CANTS NAME OF AUTHORIZED INDIVIDUAL: SIGNATURE: TITLE: MAILING ADDRESS: TELEPHONE: ADDITIONAL SIGNATURES FOR JOINT APPLICANTS NAME OF AUTHORIZED INDIVIDUAL: S�GNATURE: TITLE: MAILING ADDRESS: TELEPHONE: APPOR710NMENT OF ADVANCE AMONG JOINT APPLICANTS: SOUTHERN CALIFORNIA EDISON COMPANY NAME OF AUTHORIZED INDIVIDUAL: David J. Brenqman SIGNATURE: TITLE: Plew Deveionment Desian Suuervisor DATE EXECUTED: DATE EDISON FIRST READY TO SERVE: WORK ORDER NO. 6479-1857. 61807 ASSOCIATED WORK ORDER NOS. 6479-1000. 61173 SOUTFIEItId �ALIFOI�IVIEi �I)ISON ("SCE") I3IS'I'RI�U'd'dON I.dNE ANID/OR SEEZVIC� �A'I'EIiTSION AI'PLICArIT'S INSTE4Y.LATIOlV Oi''I'IO1mI AND STAT�NI�NT OT APY'I.ICANT'S CONTI2ACT ANTICIPATED COS'd'S Applicant: Work Order Nuinber: Palm Desert Redevelopment Agency 6479-1857, 61807 Project Specific Locatiou: Hovley/Cook St., Palm Desert 1. INSTALLATION OPTIONS Applicant uuderstands that in accordance with SCE's Rule 1S and/or Rule 16, Applicant can elect to have either SC� install the Distribution Line aud/or Seivice Extension or a Qualified Conri•actor/Subcontractor install the Distribution Line and/or Service Extension. 2. SCE'S ESTIMAT�D It�TUNLDE4BL� COST INTORNYA�BOPI SCE's estimated refuudable costs are based on the work that SCE would normally perform that can be performed by a Qualified Contractor/Subcontractor under the provisions of the Applicant Installation Option, Rule 15, Section G, and in accorda�ice with SCE's Terms and Conditions Agreement for uistallation of Distribution Line Extension by Applicant (Form 14-188). SCE's estimated refundaUle costs:�` $ 15,358.00 If applicable, other estimated cost information may be provided below. Tlus could include the credit amount for Rule 16, sh�eei Iight, or other associated installation work. SCE Rule 16 crediL amount:* $ SCE street light credit amount:�` $ SCE assoeiated work credit amount:* � 3. APPLICANT S�LECTION Applicant understands flie installation options under Section 1 above, following Installation Option by ini6aling the appropriate selection below: Installation by SCE Installation by Qualified Contractor/Subcontractor and hereby elects the Under installation by Qualified Contractor/Subcontractor, Applicant sha11 secure project specific bid informaiion from Qualified Contractors/Subcontractors for the installation of the Distribution Line aud/or Seivice extension. Applicant shall conh•ibute or advance Uefore the start of construction any refundable or non-refuudable amounts as specified iu Rules 15 and 16. *Please refer to the specific contract, Appendix A, for detailed financiai information. Foini 14-754, New 7/04 �. l�P�i,IC'�.IV'I"S COli''i'k2AC'd' AN�dCIPA'I'�11 CO5T INFOI2MAT&Ol'�I (to be completed oi�ly if installation is performed by a Qualified Contractor/Subcontractor as selected in Sectiou 3 above) Appiicaut and/or Applicant's Qualified Contractor/Subcontractor understands that for the portion of the Elech-ical Distribution and/or Seivice Exeension that SCE would noi�rnally install, in accordance with SCE's Rule's 15 and/or 16 and the Terms and Conditions Agreement for Installation of Distribution L'uie Extension by Applicant, the Applicaut, prior to perfonxung any work associated with the iiistallation of these electrical facilities, and for the purpose of utility billing and accounting, shall elect one of the following options, and return this form to SCE prior to SCE proceeding with any further work on the Applicant's piroject. Option 1 Applicant elects to provide SCE with the Applicurt's Contract Anticipated Costs, which are subject to refund, that are associated with that portion of the new Dist�ibution Line and/or Seivice Extension nornially installed by SCE, and understands that the lower of SCE's estimated refundable cost or the ApplicanYs Contract Anticipated Costs, which are subject to refiznd, as submitted below, shall apply to az2y applicable SCE refunds and allowances provided in accordance with Rules 15 and 16,' or Option 2 Applicant elects not to provide SCE with the Applicant's Contract Anticipated Costs, which are subject to refund, The Applicuit understands that by selecting this option, the Applicant is directing SCE to use SCE's estimated refixndable cost for all billing and accounting. Applicant understands the Applicant Cost Infoimation, as described above, and hereby elects the following by inifialing the appropriate selection below: Option 1- ApplicanYs Contract fuiticipated Costs $ Option 2- SCL's Estunated RefundaUle Costs 5. ITCC SCE shall value all trenching, conduit, backfill, street repair, substructures, and encaseinent, based on SCE's estimate of such items, for the purposes of collecting the ap�licable go��ernmental taxes (ITCC) on contributions to SCE. 6. UTII.ITY Y2ESPONSYBILITYES Upon receipt of this completed and signed form, SCE shall begin flie process of producing the applicable contracts and farms based on the selections made by the Apptic�uit. 7. SIGNATUI2� I declare under penalty of peij that the foregoi g i ltrue a correct. ApplicanYs si�iature: , � /;�/ -�` Applicant's printed name: �1A.S 'ri�/t � G^���� Date: I � I� ! G� % � � Excludes t6e estimated costs of work the Appiicant caunot perfonn, such as, work on or in proximity to, energized equipment. Form 14-754, New 7/04 � '• �d SOU(HERN CALI60RNIA " �k�0�c�.��lG n�� r.n�so�v i�viitrz.�srrra,���v. � c��»��:��„� JACK FOX PALM DST REDEVEL AGN 73-510 FRED WARING DR PA:LM DESER.T, CA 92260 .��� .�u �, S�P 2'� �Q9� ��� �! k' i'"i (, D • � �t�. ye;: �'� �.�. Suk�jeci=: SCE Project Number: 6979-1862, 51823 Project location: HOVLEY LN / COOK ST PALM DESERT, CA 92260 :?'h�triJc you 1or the opportunity to assist you with your 'i1�e :i_nfor.mation provided below indicates requirements �loi.ir u:�oject. Please read and follow the directions so mer� be canpleted in a timely manner. Apri1 24, 2006 electrical needs. needed to complete that your project � Enclosed are two copies of our invoice. Return one copy of the invoice v,�:�.L-h. ,your payment. 0 � Please �-eturn all applications and/or agreements fully completed. T.sasement documents will be mailed directly to you from our i2ight-of-Way llepartment. Please complete and return as directed. o An Edison Inspector must approve all underground systems. Call (951)92II-8294 prior to construction. �.,, 0 0 �.�:.il:�. Lhe L'dison Company at (800)655-4555 to make application for c�.I.ectrical service. r':Lnal eiecLrical inspection from the Local Governmental Building and Saiet.y D�partment must be received before we can energize your service. PLB:'�uP CkI00SE EITHER REFUNDABLE OR DISCOUNT OPTION AND SIGN BOTH 11PPPT.IDIC�S AND RETURN WITH YOUR SIGNED CONTRACT, INVOICE AND PAYMENT. Please :return the documents and/or payment in the enclosed self-addressed envelo��e. After receipt of the required documents, your project wi11 be scheduled f'or construction. If you have any questions, feel free to r_.al:l. me at (951)928-8294. Sincerely, BERTRAM E WILLIAMS Customer Service Planner Lnr..losures 26100 Menifee Rd. Romoland, CA 92555 , �i, t� SOUT-H�f\-RI7N CALIf^O@,R(N�IA �� IS.J� €i � e..d I V'� An EOISON f,\77:R�\71770i471/. H ComPanp April 24, 2006 SALE,S INVOICE NAME: PROJ�CT LOCATION: PALM DST REDEVEL AGN HOVLEY LN / COOK ST PALM DESERT, CA 92260 PL�A�E MAIL PAYMEN7' TO: SOUTHERN CALIFORNIA EDISON CO. ATTN: BERTRAM E WILLIAMS 36100 CATHEDRAL CANYON DR PALM SPRINGS, CA 14245 P'ROJLCT DESCRIPTION: 51823/INSTL MAIN & STUB FOR 120 LOTS 27 ALLOWANCES Al1 prices are applicable for a period of 90 days from this date and are subject to change thereafter. CUSTOMER INVOICE INFORMATION : SCE ACCOUNTING _...�..- ------ — ----------------- — — ----------------------------- Amount Ta 3e Paid By $ 4,902.90 . Cust Adv Non-Ref-ITCC/Non-Ref App7.iaant 'Co SCE . 142.130 = $ 530.00 TOTAL = $ 4,902.90 . ITCC Cust Adv/Non-Ref . 253.930 = $ 3,380.30 -------------- : ITCC Cust Adv/Ref I�I,r�11t3F.� PAY TT3IS AMOUNT $ 4, 902 . 90 . 253 . 931 =$ 992. 60 -------------- TOTAL � $ 4,902.90 SCE PROJECT NUMBER 6979-1862, 51823 C.W.O.# C.J.O.# Name: PALM DST REDEVEL AGN Prj Loc HOVLEY LN / COOK ST PALM DESERT, CA 92260 26100 MeniPee Rd, Romoland, CA 92585 souii�taN cnurorNin 4L E�� � � � I�'� 04;i���,<<�Q�j,�T���,��q��p�v.��.�cmu��n�m APPENDIX A- REFUNDABLE OPTION KESIDENTIAL ELECTRIC LINE EXTENSION AGREEMENT LOC. 69%9 W.O. 1.II62 A.I. 51823 JOB # 00041661n l. SCE RULE 16 COST TO SERVE (A) SCE RULE 16 COST TO SERVE (B) LESS APPLICANT ALLOWANCES (C') CXCESS RULE 16 COST TO (LINE 5. (A)) (D) �XCESS ALLOWANCES TO (LINE 2.) SCP C'OST TO SERVE RULE 15 (E) <�VJ�RHEAD 0 FEET X $.00 UNIT (F) UNDERGROUND 0 FEET X $.00 UNIT (G) PROJLCT SPECIPIC(IF 2X UNIS COST OR COMPETITIVE (II) 'COTAL� SC� RULE 15 COST TO SERVE 2. APP�ICANT ALLOWANCES (FROM LINE 1. (D)) $7,344.00 $39,987.00 $.00 $32,6n3.00 COST $.00 COST $.00 BID) $32,398.00 $32,398.00 $32,643.00 3. R�P'CJNDAI3L�: (A) SCE RULr 15 COST TO SERVE (LINE 1.(H)) (i3) PLUS i'uTIMATGD VALUE OF STRUCTURES (C) SU}3TOTAL(LINE 3.(A) + 3.(B)) (T)) LESS L�LLOUTANCE (LIN� 2) (I�;) ,itPEi71VDABLli AMOUNT (LINE 3. (C) - 3. (ll) ) (P') l���U'S it�P'UNDABLL ITCC'k ON LINE 3. (E) (G) TOTAL APQOUNT (T.,INF 3 . (E) -F 3 . (F) ) 4, i>AT'MPN'T OP`P10N SEL,ECTED: REFUNDABLE HAS CHOSEN: SIGN (A) Rk�I'UNllAL'LE !) 2) S) OPTION: LINE 3.(G) VALUE OF STRUCTURES: REFUNDABLE PAYMFNT: AMOUNT SUBJECT TO REFUND/CREDIT '_� . C)TIIE�R NON-RPFUNDABLE ADVANCES & CREDITS (!3) OTHER NON-REFUNDABLE CHARGES (RtTL,� 16, FLAT RATE, INSPECTION, R/W, ETC.) (13) ITCC* ON OTHER NON--REFUNDABLE (C) ITCC�' ON APPLICANT FURNISAED FACILITIES. (B) INu2�L�LliD COST OF SUBSTRUCTURE BY SCE (E) T,BSS APPI,ICANT DESIGN OR REIMBURSABLE CREDITS (F) TqTF.S� NON-REFUNDABLE (LINE 5.(A) THRU 5.(D) - 5.(E)) (G) 'I'OTAL CPEDITS (LINE 5.(E) - 5.(A) THRU 5.(D)) $32,398.00 $3,781.00 $36,179.00 $32,643.00 $3,536.00 $1,237.60 $4,773.60 $4,773.60 $3,781.00 $992.60 $4,773.60 $530.00 $185.50 $3,194.80 $.00 $.00 $3,910.30 $.00 6. AMOUPdT TO PE PAID BY APPLICANT TO SCE $4,9az•9� 7. AMOi7N'I' TO AL R�FUNDED TO APPLICANT UPON FULFILLMENT OF ALL CONTTtA(7'�UAL OBLIGATTON3 Y • 0� � HAS NOT CHOSEN: SIGN ` �` INCOME TAX COMPONENT OF CONTRIBUTION 26100 MeniCec Rd. Romofand, CA 92585 SOUpT'N`�ERIN �C'`A�L//I'f`O'�RNIA ; � ., ' � �� � ..✓/ VJ' I�n n��cnrso,vrn-rr.awiiron�ni.� co�,�Nn��,• April 24, 2006 SALES INVOICE NAME: PROJECT LOCATION: PALM DST REDEVEL AGN HOVLEY LN / COOK ST " PALM DESERT, CA 92260 PLEASE MAIL PAYMENT TO: SOUTHERN CALIFORNIA ED'ISON CO. ATTN: BERTRAM E WILLIAMS 36100 CATHEDRAL CANYON DR PALM SPRINGS, CA 14245 PROJECT DESCRIPTION: 51823/INSTL MAIN & STUB FOR 120 LOTS 27 ALLOWANCES All prices are applicable for a period of 90 days from this date and are subject to change thereafter. CU�TOMER INVOICE INFORMATION . SCE ACCOUNTING ------ — — ------------- — --- ---------------------- ------ Amount 'io Be Paid By $ 2,516.10 ITCC Cust Adv/Non-Ref Ap�licant To SCE . 253.930 =$ 2,516.10 TOTAL = $ 2,516.10 . PLEASE PAY THIS AMOUNT $ 2,516.10 . � I : TOTAL $ 2,516.10 : SCE PROJECT NUMBER : 6979-1862, 51823 : C.W.O.# C.J.O.# : Name: PALM DST REDEVEL AGN : Prj Loc HOVLEY LN / COOK ST . PALM DESERT, CA 92260 26I00 MeniEee Rd. Romoland, CA 92585 � . SOUIHGRN CALIfORNIA _ ���)����� 04� o�'Rt o(JS�.'�'c2e�:�7'2�ivn�x Com�m�> APPFNDIX A- RESIDENTIAL ELECTRIC LOC. 6979 W.O. 1862 A.I. 51823 DISCOUNT OPTION LINE EXTENSION AGREEMENT JOB # 000416614 l. SCE RULE 16 COST TO SERVE (A) SC� RULE :1.6 COST TO SERV� !B) LESS APPLICANT ALLOWANCES (C) EXC�SS RUL� 16 COST TO (LINE 5. (A)) (ll) �XCPSS ALLOWANCES TO (LINE 2..) SCE COST 'PO SERV� RULE 15 (E) OV�RAEAll 0 FEET X $.00 UNIT (F) UIQDPRGROUIVD 0 FEET X $.00 UNIT (F)) PROJ�CT SPECIFIC(IF 2X UNIT COST OR COMPETITIVE (H) 'I'OTAL SCP RULE 15 COST TO SERVE 2. APPLICANT ALLOWANCES (FROM LINE l. (D)) 3. (A) iB) (C) (D) (L�) (P) (G) REFT7NUA13L�E : SC� RULE 15 COST TO SERVE (LINE L(H)) PLIJS LSTIMATED VALUE OF STRUCTURES SUB'POTAL� (LINE 3 . (A) + 3 . (B) ) LESS ALLOWIINCE (LINE 2) REFUNDABLL' AMOUNT (LINE 3.(C) - 3.(D)) PLtiJ�� RI�PUNDABL� ITCC* ON LINE 3. (E) ,],OT�L 7�N10i7NT (LINE 3 . (E) + 3 . (F) ) 4. PAYMFN'C OP'.l'ION SELECTED: DISCOUNT (A) NON-REI'T7IQDABLE l) �) 3) 4) DISCOUNT OPTION $32,39II.00 $3,781.00 $36,179.00 $32,6�3.00 $3,536.00 $1,237.60 $4,773.60 HAS CHOSEN: SIGN d 500 SOo OF LINE 3G. $2, 86.80 VALUE OF STRUCTURES: $3,781.00 NON-REFUNDABLE PAYMENT: $.00 AMOUNT DUE APPLICANT: $1,394.20 S. OTHPR NON-RLFUNDABLE ADVANCES & CREDITS (A) O'I'HER NON-REFUNDABLE CHARGES (R.ULE 16, FLAT RATE, INSPECTION, R/W, ETC.) (B) ITCC'"' ON OTHER NON-REFUNDABLE (C) TTCC'h ON APPLICANT FURNISHED FACILITIES. (D) I1VS'I'Ai:,LED COST OP SUBSTRUCTURE BY SCE (F) .[,PSS APPLICANT DFSIGN OR REIMBURSABLE CREDITS (P) TOTA:L 1VON-REFUNDABLE (LINE 5.(A) THRU S.(D) - (G) 'COTAi, CREDI'PS (LINE 5. (E) - 5. (A) THRU 5. (D) ) $7,344.00 $39,987.00 $.00 $32,643.00 COST $.00 COST $.00 BID) $32,398.00 $32,398.00 $32,643.00 $530.00 $185.50 $3,194.80 $.00 $.00 5.(E)) $3,910.30 � $.00 F,. ANIOUNT TO BE PAIll BY APPLICANT TO SCE 7. AMOUNT TO I3E REFUNDED TO APPLICANT UPON FULFILLMENT OF ALL CONTRACTUAL OBLIGATIONS HAS NOT CHOSEN: SIGN * INCOME TAX COMPONENT OF CONTRIBUTION $2,516.10 $.00 26100 �4eni(ee Rd. Romoland, CA 92585 COft1i[�AC'T FOR �XT�I��ION OF EL�Cit2oC 6�ISTRI�lD'iB�fU �.[f�� �fDL� NO. 95 1. PARTIES This contract for Extension of Electric Distribution Line ("Contract" is issued this 7#h day A riP 2006. The Parties to this Contract are: Palm Deserk Redevelopmenf Agency ("ApplicanY') and Southern California Edison Company ("Edison"). Applicant and Edison are referred to individualiy as "Party" and collectively as "Parties". 2. RECIiALS Applicant has requested Edison, pursuant to Edison's Rule No. 15, Distribution Line Extensions, to instaii an electric distribution line extension ("Line Extension") to the location or locations described as follows: Hoviey/Cook St Paim Desert, CA TRACT#30795 PH1 (Nereinafter referred to as "ProjecY') 3. AGREEMEPIT 3.1 Responsibilities of Applicant Construction Applicant shall, in accordance with Edison's specifications and timing requirements for the Project: o Perform route cleaning, tree trimming, trenching, excavating and backfilling and compacting; • Furnish imported backfili material and dispose of trench spoil as required; • Furnish, install and transfer ownership to Edison any substructures, conduit, and protective structures required other than the conduit portion of cable-in-conduit; m Obtain any necessary construction permits for all work performed by Applicant under this Contract. if Applicant elects to have Edison perform any part of this work, Applicant shall pay to Edison, as specified herein and before the start of construction, Edison's estimated-installed costs thereof. Rights of Way Applicant hereby gran4s to Edison the rights of way and easements for the Line Extension over the shortest, mosf practical, available, and acceptable route within ApplicanYs property for the purpose of making delivery of electric service hereunder. Such easement shall include the right of access and right to trim trees as necessary. Where formal rights of way,.easements, land leases, or permits are required by Edison for installation of facilities on or over Applicant's property, or the property of others, Applicant understands and agrees that Edison shaii not be obligated to install the Line Extension for the Project unless and until any necessary permanent rights of way, easements, land leases, and permits, satisfactory to Edison, are granted to or obtained for Edison without cost to or condemnation by Edison. ADVANCES Applicant shall contribute or advance, before the start of construction, the refundable and non- refundable amounts as set forth in Appendix A to this Contract. This includes the costs for substructures and conduits which Edison had previously installed at its expense in anticipation of the current Line Extension. Any necessary riser conduit, conduit covering, and miscellaneous riser material required for the �ine Extension shall be furnished or paid for by Applicant and shall be installed by Edison. All contribu4ions and advances by Applicant are taxable and shall include an Income Tax Component of Contribution (ITCC) at the rate provided in Edison's Preliminary Statement. ITCC will be either refundable or non-refundable depending on whether the corresponding contribution or advance is refundable or non-refundable. Joint Applicants. The total contribuiion or advance� from joint Applicants will be apportioned by Edison among the members of the group in such manner as Applicants mutually agree. 3.2 Responsibilities of Edison Construction Edison shall instali, own, operate, and maintain the Line Extension to serve the Project. Edison will install only those facilities that, in Edison's judgment, will be used within a reasonable time to serve permanent loads. Refunds Edison shall mal<e refunds fo Applicant in accordance with the provisions of Rule No. 15. 3.3 Owneeship of Facilities Title to and ownership of the Line Extension shall vest in Edison. Applicant does hereby agree that upon completion and acceptance by Edison of Any Applicant-installed facilities, title to each and every component part thereof shail immediately pass to Edison free and clear of all liens and encumbrances. 3.4 Service Facilities Service extensions shall pe installed pursuant to Edison's Rule No. 16, Service Extensions. 3.5 Street Lighting Facilities Street lighting and Line Extensions within the Project solely for service to street lighting equipment shall be installed in accordance with the appropriate street light tariff scheduie. Street light revenues are not applicable toward allowances or refunds for Line Extensions. Electroliers shall be located at points determined by the governmental agency having jurisdiction over streets to be dedicated to that agency or by Applicant for privately owned and maintained streets open to and used by the general public. 3.6 Non-Refundable Discount Option In lieu of contributing the total refundable amount, Applicant has the option of contributing, on a non-refundable basis, a percentage of such refundable amount as set forth in Appendix A to this Contract. Applicant has or has not chosen this option as indicated by signature on Appendix A. 3.7 Refunds The total refundable amount shail be subject to refund, without interest, in accordance with the provisions of Rule No. 15, which include the following: Residential. Refunds will be made on the basis of any new customer permanent load connected to the Line Extension which produces additional revenues to Edison. The refund will be deducted from 4he total refundable amount, and the remaining amouni subject to refund will represent that portion of the Line Extension cost no supported by revenues. Non-Residential. Refunds will be made on the basis of Applicant or any new customer permanent load connected to the Line Extension which produces additional revenues to Edison. Edison shall be responsible io review ApplicanYs actual net revenue for the first three years from the date Edison is first ready to serve. Applicant shali be responsible for notifying Edison if new, permanent load is added the fourth through tenth year from the date Edison is first ready to serve. Such review shall determine if additional net revenue justifies refunds to Applicant. Unsupporked Extension Cos4. When any portion of a refundable amount has not quaiified for a refund at the end of twelve (12) months from the date Edison is first ready to serve, Applicant will pay to Edison an ownership charge on the remaining refundable balance. The difference between the total refundable advance and any refunds made or eligible to be made to Appiicant shall serve as the basis of a monthly ownership charge ("base"). Monthly ownership charges are calculated by multiplying the base times the Customer-financed added facilities percentage in Rule No. 2. Monthly ownership charges are distinct from the refundable amount and will norinally be accumulated and deducted from refunds due to Applicant. This provision does not apply to individual residential Appiicanfs. The monthly ownership charges herein shall automatically increase or decrease if the California Public Utilities Commission should subsequently authorize a higher or lower percentage rate for the monthly ownership charges, effective on the date of such authorization. Refund Period. The total refundable amount is subject to refund for a period of ten (10) years after the Line Extension is first ready to serve. Any unrefunded amount remaining at the end of the ten- year period shail become properry of Edison. 3.8 PaymentAdjustments Contract Compliance. If, after six (6) months following the date Utility is first ready to serve residential loads for which allowances were granted, one (1) year for non-residential loads, Applicant fails to take service, or fails to use the service contracted for, Applicant shali pay to Edison an additional contribution, based on the allowances for the Ioads actually installed. Excess Facilities. if the load information provided by Applicant results in Edison having insta�led facilities which are in excess of those needed to serve the actual loads, and Edison elects to reduce such excess facilities, Applicant shall pay to Edison its estimated total costs to remove, abandon, or replace the excess facilities, less the estimated salvage of any removed facilities. 3.9 Reimbursemeni to Applicant Where mutually agreed upon by Edison and Applicant, Applicant may perform Edison's work or install facilities normally installed by Edison. Such work shall be in accordance with Edison's specifications and timing requirements. Edison shall reimburse Applicant Edison's estimated installed cost of such facilities and work by applying a credit toward ApplicanYs advance. Any amount not so credited shall be reimbursed to Applicant upon acceptance of the work and facilities by Edison. , 3.10 Delays in Construction Force Majeaare. Edison shall not be responsible for any delay in the installation or completion of the facilities by Edison resulting from the late performance of ApplicanYs responsibilities under this Contract, shortage of labor or material, strike, Iabor disturbance, war, riot, weather conditions, governmental rule, regulation or order, including orders or judgments of any court or commission, delay in obtaining necessary land rights, act of God, or any other cause or condition beyond the control of Edison. Gtesources. Gdison shall have the right, in the event it is unable to obtain sufficient supplies, materials, or labor for all of its construction requirements, to allocate materials and labor to construction projects which it deems, in its sole discretion, most important to serve the needs of its customers. Any delay in construction hereunder resulting from such allocation shall be deemed to be cause beyond Edison's control. Contract Revision. If Applicant does not commence installation of any facilities which are ApplicanYs responsibility or Edison is prevented from commencing the installation of the facilities for causes beyond its reasonable controi within one year from the effective date of this Contract, Edison may, in its discretion, revise its cost estimate and recalculate the refundable and/or non- refundabie amounts et forth herein. Edison will notify Applicant of such increased costs and give the option to either terminate this Contract or pay Edison the additional charges. 3.11 Contract Termination if at any time dQring the term of this Contract, Edison is not the sole supplier of electrical requirements for the Project, this Contact may be terminated. Upon termination of the Contract, Applicant agrees to forfeit that portion of the advance paid to Edison for its expenses covering any engineering, surveying, right of way acquisition and other associated work incurred by Edison. If such expenses are greater or less than the refundable and/or non-refundabie advance, Applicant shall pay to Edison, or Edison shalf refund the balance to Applicant, without i�terest, as the case may be. 3.12 Indemnification Applicant shall, at its own cost, defend, indemnify, and hold harmless Edison, its officers, agents, employees, assigns, and successors in interest from and against any and all liability, damages, losses, ciaims, demands, actions, causes of action, costs including attorney's fees and expenses, or any of them, resulting from ihe death or injury to any person or damages to any property caused by Applicant or its contractor and employees, officers or agents of either App�icant or its contractor, or any of them, and arising out of the performance or nonperformance of their obligations under this contract. 3.13 Assignment of Contract Applicant may assign this Contract, in whole or in part, only if Edison consents in writing and the party to who the Contract is assigned agrees in writing, to pertorm the obligations of Applicant hereunder. Assignment of the Contract shall not release Applicant from any of the obligations under this Contract unless otherwise provided herein. 3.14 Joint and Several Liability Where two or more individuals or entities are joint Applicants under this Contract, all Applicants shall be jointly and severally liable to comply with all terms and conditions herein. 3.15 Warranky Applicant warrants that all work and/or equipment furnished or+installed by Applicant or its contractor shall be free of defects in workmanship and material. The warranry period shall begin from the date of final acceptance by Edison and extend for one (1) year. Shouid the work develop defects during that period, Edison, at its election, shall either (a) repair or replace the defective work and/or equipment, or (b) demand that Applicant repair or replace the defective work and/or equipment and, in either event, Applicant shall be liable for all costs associated with such repair and/or replacement. Applicant upon demand by Edison, shall promptly correct, to Edison's satisfaction and that of any governmental agency having jurisdiction, any breach of any warranty. 3.16 Contract Effective Date This Contract shali not be effective unless it is (1) executed and delivered 6y Applicant to Edison together with payment required hereunder within ninety (90) days of the date in Paragraph 1 of this Contract and (2) accepted by Edison. This Contract shall then be effective on the date executed by Edison and shall take effect without further notice to Applicant. 3.17 Commission JurisdicYion This Contract is subjecf to the applicable provision of Edison's tariffs, including Rule No. 15, filed and authorized by the California Public Utilities Commission. This Contract shall, at all times, be subject to such changes or modifications by the Public Utilities Commission of the State of California, as said Commission may, from time to time, direct in the exercise of its jurisdiction. 3.18 Completion Date The completion date requested by Applicant is X G!1 SIGNATURE CLAUSE The signatures hereto represent that they have been appropriately authorized to enter into this Contract on behalf of the party for whom they sign. APPLICANT(S). CORPORATION, SIGNATURE: X TITLE: X 6 MAILING ADDRE TELEPHONE: X ��A. ! b 0 760-320-8773 Palm Desert Redevelopment Aqencv Dr.. Palm ADDITIONAL SIGNATURES FOR JOINT APPLICANTS NAME OF AUTHORIZF_D INDIVIDUAL: SIGNATURE: TITLE: MAILING ADDRESS: TELEPHONE: ADDITIONAL SIGNATURES FOR JOINT APPLICANTS NAME OF AUTHORIZED INDIVIDUAL: SIGNATURE: TITLE: MAILING ADDRESS: TELEPHONE: CA 92260 � :7 APPORTIONMENT OF ADVANCE AMONG JOINT APPL�CANTS: SOUTHERN CALIFORNIA EDISON COMPANY NAME OF AUTHORIZED INDIVIDUAL: David J. Brenqman SIGNATURE: TITLE: New Development Desian Supervisor DATE EXECUTED: DATE EDISON FIRST READY TO SERVE: WORK ORDER NO. 6979-1862, 57823 ASSOCIATED WORK ORDER NOS. 6579-4218. 64003 souTag��ziv cai,gro�rriA ���sorr �«sc���� DYSTRb�U'I'dON Y,diV� ANID/OR SEI2VIC� EXT�NSIOIV A�PLICANT'S INSTAI,LATION OPTi�N AND STATEM�N'd' OF E4�'PI,HCANT'$ C(DNi'P2AC`T AN'�'ICIPATED COSTS Applicant: Palm Desert Redevelopmen4 Agency Work Order Number: 6979-1862, 51823 Project Specific Locatiou: Hovley/Cook St., Pa11n Deserf 1. INSTALLATYON OPTIONS Applicant understands that in accordauce with SCE's Rule 15 and/or Rule l6, Applicant can elect to have either SCE install fhe Distribution Line and/or Service Extension or a Qualified Contractor/Subcontractor install the Distribution Line u�d/or Service Extension. 2. SCE'S ESTIIVIATED R�FUNTDABL� COST IN�'Oi2MATFON SCE's estimated refundable costs are Uased on the work that SCE would normally perform that can be performed by a Qualified Contractor/Subcontractor under the provisions of the Applicant Installation Option, Rule 15, Section G, and in accordance with SCE's Terms and Conditions Agreement for Installation of Distribution Line Extension Uy Applicant (Form 1�-188). SCE's estimated refundable costs: "` $ 32,398.00 If applicable, other estimated cost iuformation may Ue provided below. This could include the credit aniount for Rule 16, street light, or other associated insYallation work. SCE Rule 16 credit amount: �` $ SCE street light credit amount:'� $ SCE associated work credit amount:* $ 3. APPLICANTSEL�CTION Appiicant understands the installation options under Section 1 above, and hereby elects the following Installation Option by initialing the appropriate selection Uelow: ��� Installation Uy SC� Installation by Qualified Contractor/Subcontractor Under installation by Qualified Contractor/Subcont�actor, Applicant shall secure projeet specific bid infoimation from Qualified Contractors/Subcontractors for the installation of the Distribution Line a�d/or Service extension. Applicaut shall contriUute or advance before the start of consttuction any refundabie or non-refundable ainounts as specified in Rules ] 5 and 16. *Please refer to the specific contract, Appendix A, for detailed financial inform2tion. Form 14-754, New 7/04 4. AI'P�.ICe4N"i"� COIVTdtACT A1VTdCdPAT�D COS'd' INT03tMA'TION (to be completed oiily if installation is perfonned by a Qualified Coutractor/Subcontr�actor as selected in Section 3 above) Applicaut and/or Applicant's Qualified Contractor/Subcontractor iuiderstands that for the portion of the Electricat DistriUution and/or Service Extension that SCE would uormally insiall, in accordance with SCE's Rule's 15 and/or 16 and the Terms and Conditions Agreement for Installation of Dish•ibution Line Extension by Applicant, the Applicant, prior to perfornung any work associated with the installation of these elechica] facilities, and for the purpose of utility billing and accowiting, shall elect one of the following options, and return this form to SCE prior to SCE proceeding with any further work on the Applicant's project. Option 1 Applicaut elects to provide SCE with the ApplicanYs Coutract Anticipated Costs, which are subject to refund, fliat a��e associated with that portion of the new Dishibution Line and/or Seivice Extension normally insealled by SC�, and understands Aiat the lower of SCE's estnnated refundable cost or the ApplicanYs Contract Anticipated Costs, which are subject to refund, as submitted below, shall apply to any applicable SC� refiuids and allowances provided in accordance with Ru1es 15 and 16,' or Option 2 Applicant elects uot to provide SCE with the ApplicanYs Cont�•act Anticipated Costs, which are subject to refund. The Applicant understands that by selectiiig tlus option, the Applicant is directing SC� to use SCE's estimated refundaUle cost for all billing and accounting. Applicant understands the Applicaut Cost Information, as described aUove, and hereby elects the following by initenling the appropriate selection below: Option 1- ApplicanY's Contract Anticipated Costs $ Option 2- SCE's Estitnated Refundabie Costs 5. ITCC SCE shall value all trenching conduit, backfill, su�eeL repair, substructures, and encasement, based on SCE's estimate of such items, for the purposes of collecting the applicable govenunental taxes (ITCC) ou contributions to SCE. 6. UTILITY I2%5POI�TSI�dI,ITIES Upon receipt of this completed and signed form, SCE shall begin the process of producing the applicable contracts and forms based on the selections rnade by the App]icant. 7. SIGNA'd'Udtt� I declare under penalty of perjury t at the fo �egoing is h� an on�ect. ApplicanYs signature: � Applicant's printed name: '�S� yt �l `( l-(l'�� �� I Date: ip �� I D � � � � ExcLudes the estimated costs of worl<the Applicant camiot perfoim, such as, work on or in proximity to, energized equipment. Form 14-754, New 7/04 � � � �'.`� SOUTHERN CALIFORNIA ��_„ �����i �l� An EDISON INTGRNAT(ONALm Canpany ��y �:" �� �i..� ��/ ��.��.� �3W , ' il:�� PnLP, ?)Er3 PPDLPV AGNCY 7? -510 F'RED [�IARING DR 1?11:i�M t)]�ISPRT, CA 92260 ��"�� 31111� ���i,', � "� �� ��� ��, � � . �. , t- r�ulajrr.cr.: SCF Project Number: 6479-1855, 61805 1'x�<::ject location: HOVLEY/COOK ST PALM DESERT, CA 9l`[.60 'Ch�.uilc you fo.r the opportunity to assist you with you.r electrical needs. _'.kar: iniormation provided below indicates requirements needed to complete y<;ur ;proj�ct. Please read and follow the dirertions so that your project ii�:��; .,,,. ccmp.letc�d in a timely manner. 0 � <� ]3�ic�.osect are two copi.es of our invoice. Return orie copy of the invoice v,�i tl'i yoiz:i_ payment . P.l�_��>,se r.i:turn a]_l. applications and/or agreements fully completed. 1's'��r;�amc.nt docwnen'ts will be mailed directly to you from our 6_i.ght oE--Way Department. Please complete and return as directed. c Ja.n L;dison Inspector must approve all underground systems. Call (951)928-829� prior Lo construction. �� C<a1' t:Pic Ldison Company at (800)655-4555 to make application for G-LE,Ci='C1C3.L ,�d]'V:LCi.:. -.:� t�;.na:t elactrical. inspection fi•om the Local Governmental Building and ,;ciiecy l�epartmer.it muut be received before we can energize your service. c:� 7'L,:�?;'�:.SF3 C:]'tOOSP PITbIEFt RFs'FUNDABLE OR DISCOUNT OPTION AND SIGN BOTH AP'F13NDICL;S I1ND RliTUR:[Q 1�fITH YOUR SIGNED CONTRACT, INVOICE AND PAYMENT. ".e>:,r.>e ",=turn the documenL's and/or payment in the enclosed self-addressed e:nvc=Lope. t�.t-ter receipt of the required documents, your"project will be ,�ciicdt:�led 1`.o.r con�,truction. If you have any questions, �eel free to raz�i.l nie zt (351) 928-8294. Sincerely, 'Ir::_' .:�u_=.. BERTRAM E WILLIAMS CustomeZ Service Planner 26100 Menifee Road Romoland, CA 92585 i ,,'�.'� sourF�eaN cnuFoutvin ������� An EDtSON IN7'ER�'ATlONt{L� Cony�nny March 26, 2006 SALES INVOICE NAM�: PROJECT LOCATION: PALM AES REDEV HOVLEYfCOOK ST PALM DSSERT, CA AGNCY 92260 PLEASE MAIL PAYMENT TO: SOUTHERN CALIFORNIA EDISON CO. ATTN: BERTRAM E WILLSAMS 36100 CATHEDRAL CANYQN DR PALM SPRINGS, CA 14245 PROSECT DESCRIPTION: 61805, R15 LINE EXT REL TO TRACT 30795 30 LOTS, 30-45, 51-58, 89-94 1�11 prices are applicable for a period of 90 days from this date and are subject i�o change thereafter. -- — --------------- — — - — ----------------------------------- — -------- C:t7STOMER iNVOICE INFORMATTON . SCE ACCOUNTSNG __...._------------------- — ----------------- — -- — ---- — --------------- �n,�uilt: To Be Paid By $ 279.55 ITCC Cust Adv/Non-Ref ��Z.>.!.icant '�o SCE . 253.930 = $ 279.55 'TQTAL = $ 279.55 . PZEI�SF PAY 't'IiIS AMOUI3T $�---- 279.55 . � : TOTAL $ 279.55 : SCE PROJECT NUMBER : 6479-1855, 61805 : C.W.O.# C.J.O.# : Name: P7aLM DES REDEV AGNCY : Prj Zoc HOVLEY/COOK ST . PAI,M DESERT, CA 92260 2Gi0Q MeniCee 2oad Romolt�nd, CA 92585 SOUTHERN CAUg-FO�,RNIA � �����LSI`U� 03 n�r� p�iT'cnNn�'roNnL�co��,�n„> APPENDIX A- REFL7NDABLE OPTION RESIDENTIAL ELECTRIC LINE EXTENSION AGREEMENT LOC. 6479 W.O. 1855 A.I. 61805 JOB # 000445387 1. SCE RUL� 16 COST TO SERVE (A) SCE RULE 16 COST TO SERVE (B) LES�S AFPI�ICANT ALLO4JANCES (C) EXCESS RLTLE 16 COST TO (LINE 5. (A)) (ll) �XCESS ALLOWANCES TO (LINE 2.) SCF COST TO SFRVE RLTLE 15 (E) OVERHEAD 0 FEET X $.00 UNIT COST (1�) UNIJERGROUND 0 FEET X $.00 UNIT COST (G) PROJLQT SPECIPIC(IF 2X LTNIT COST OR COMPETITIVE BID) (H) TOTAL SCF RULE 15 COST TO SERVE 2. [1PPLICANT ALLOWANCES (PROM LINE 1. (D)) 3 . R�FLJNDABL� : (A) SCE Ri7LF 15 COST TO SERVE (LIN� 1.(H)) (B) PLi)S liSTIMATED VALUE OF STRUCTURES (C') �SLTBTOTAL (I,INE 3 . (A) i- 3. (B) ) (D) LESS ALLOWANC� (LINE 2) (E) RFF�'lJNDABLE AMOL'JNT (LINE 3. (C) - 3 . (D) ) f,P'� Pi�Li;; ;2_;1""iINDABI,E3 I'I'CC* ON LINE 3. (E) f ::; ) ':C',:"PI': r. AP•:OUNT ( L T N�; 3 . ( E ) + 3 . ( F ) ) �1. Pl�Y'.�9E1N"P OPTION uEI,�CTED: REFUNDABLE HAS CHOSEN: SIGN (1\) IdEF'UIQDABLE OPTION: l.) l) i) $10,328.00 $44,430.00 $.00 $34,102.00 $.00 $.00 $22, 87.6.00 $22,816.00 $34,102.00 $22,816.00 $1,718.00 $24,534.00 $34,102.00 $.00 $.00 $.00 LINE 3.(C) $.QO VALUE OF STRUCTURES: $1,718.00 REFUNDABLE PAYMENT: $.00 AMOUNT SUBJECT TO REFUND/CREDIT $1,718.00 5. OTHGR NON-REFUNDABLE ADVANCES & CREDITS (A) 0'I'HFR NON-REFi7NUABLE CHARGES (RUL� 16, FLAT RATE, INSPECTION, R/W, ETC.) (F3) STCC* ON QTHER NON-REPUNDABLE (<") f.'I'CC* Ot�' APPLICANT FURNIuHED FACILITIES. 1ll) C?VSTALL�D CUST OF SUBSTRUCTURE BY SCE (F'j LPSS APPLICANT DESIGN OR REIMBURSABLE CREDITS (F) 'PU'1AL DiON-REFUNDABLE (LINE 5.(A) THRU 5.(D) - 5 (C;i ':COTAL CKEDITS (LINE 5. (E) - 5. (A) THRU 5. (D) ) $530.00 $185.50 $1,282.05 $.00 $.00 (E)) $1,997.55 - $.00 6. .AMOtJNT TO BE PAID AY APPLICANT TO SCE. 7. AMOUNT TO BE RFFUNDEll TO APPLICANT UPON FULFILLMENT OF ALL CON'PP�ACTUAL OBLIGATIONS HAS NOT CHOSEN: SIGN ���. * INCOME 'PAX COMPONENT OP CONTRIBUTION � $279.55 $.00 2G700 Meni[ee 2oad Romofancl, CA 92585 . , � SOUTHERN CALif-ORNIA ` ������� An ED(SONlN7'EftNATIONAL� Compnny March 26, 2006 SALES INVOIC� NAME: PROJECT LOCATION: PALM DES REDEV AGNCY HOVLEY/COOK ST PALM DESERT, CA 92260 PLEF�SE MAIL PAYMENT T0: SOUTHERN CALIFORNIA EDISON CO. ATTN: BERTRAM E WILLIAMS 36100 CATHEDRAL CANYON DR PALM SPRINGS, CA 14245 PROJECT DESCRIPTION: 61805, R15 LINE EXT REL TO TRACT 30795 30 L�OTS, 30-45, 51-58, 89-94 A11 prices are applicable for a period of 90 days irom this date and a.re subject to change thereafter. CIJSTOMER INVOICE INFORMATION . SCE ACCOUNTING - -- ---------- ----------- — ----------- — ----------------------- �lmount To Be Paid By $ 279.55 ITCC Cust Adv/Non-Ref Applicant To SCE . 253.930 =$ 279.55 TOTAL = $ 279.55 . PLEASE PAY 'PHIS AMOUNT $ 279.55 TOTAL � $ 279.55 • -------------- : SCE PROJECT NUMBER: : 6479-1855, 61805 : C.W.O.# C.J.O.# : Name: PALM DES REDEV AGNCY : Prj Loc HOVLEY/COOK ST . PALM DESERT, CA 92260 26100 Menifee 2oad Romolond,CA 92585 , SOUTHERN CALIPORNIA ',. �����I �� �' ,�d W�7•enrvnrroNnl��co�„p��>• APPENDIX A- DISCOUNT OPTION RESIDENTIAL ELECTRIC LIN� EXTENSION AGREEMENT LOC. 64'79 W.O. 1855 A.I. 61805 JOB # 000445387 1. SC� RULE 16 COST TO SERVE (E1) SCE RULE 16 COST TO SERVE $10,328.00 (B) LESS �iPPLICAN7' ALLOWANCES $44,430.00 (C) EXCESS RULE 16 COST TO (LINE 5. (A)) • $.00 (D) EXCFSS ALLOWANCES TO (LINE 2.) $34,102.00 SCP COST TO SERVE RULE !P) OVERHPAD ( F' i UtVD,�RGROLTND (r) exo���c�r sn�cirzc(zF zx (H) TOTAL SCE RULE 15 COST 2. APPLICANT ALLOWANCES (FROM LINE 1. (D)) 3. REFUNDABLE: (A) SCE RlJLE 15 COST TO SERVE (LINE 1.(H)) (B) Pf�US �STT.MATED VALUE OF STRUCTURES (C) SIJBTOTAI�(LINE 3.(A) + 3.(B)) (Dj LESS A:LLOWANC� (LINE 2) (�) RLFiJNDABLE AMOUN'I' (LINE 3. (C) - 3. (D) ) (�? .('-'LUS REP'fTNDABLF I'PCC* ON LINE 3. (E) (C;) `CC.�TAL AMi)UNT (LINE 3. (E) + 3. (F) ) �7 0 FEET X 0 FEET X UNIT COST OR TO SERVE $.00 UNIT $.00 UNIT COMPETITIVE COST $.00 COST $.DO BID) $22,816.00 $22,816.00 $34,102.00 $22,816.00 $1,718.00 $24,534.00 $34,102.00 $.00 $.00 $.00 � 4. i%.A'Zn�[E;NT OP'I'.LON SLLECTED: DISCOUNT HAS CHOSEN: SIGN G (A) NON-R.GFUNDABLL DISCOUNT OPTION: 50% I.) 50o OF LIN . $.00 2) VALUF OF STRUCTURES: $1,718.00 ?) NON-REFUNDABLE PAYMENT: $.00 �) AMOUNT DUE APPLICANT: $1,718.00 5. O'T'IiPR LVON--REFUNDABLE ADVANCES & CREDITS (Z�) OTHER NON-I2EFUNDALtLE CHARGES (Rl7Z� :L6, FLAT RA'PE, INSPECTION, R/W, ETC.) (B) 'C'PCC* OiQ OTHPR NON-REFUNDASLE (�"i .t:'I'CC�' ON APPLICANT 2�URNISAED FACILITIES. U�) INSTALLED COST OF SUBSTRUCTURE BY SCE (.N') LEiS APPLICANT DESIGN OR REIMBURSABLE CREDITS (r') 'POTAL NON-REFUNDABLE (LINE 5.(A) THRU 5.(D) - S.(E)) (G) TOTAL CREDITS (LINE 5.(E) - 5.(A) THRU S.(D)) 6. AMOUNT TO BE PAID BY APPLICANT TO SCE %_ A,MOUNT TO BE REFUNDED TO APPLICANT UPON FULFILLMENT OF ALL CON`IRACTUAL OBLIGA'I'IONS HAS NOT CHOSEN: SIGN $530.00 $185.50 $1,282.05 $.00 $.00 $1,997.55 $.00 * INCOME TAX COMPONLIQT OF CONTRIBUTION $279.55 $.00 26100 Menifee Road Romoland, CA 925II5 .• .y .. ��` • .• 4 � . � • • ' 4 ,I� This contract for Extension of Electric Distribution Line ("ContracP' is issued this 25`h day March 2006. The Parties to this Contract are: Palm Desert Redevefopmen4 Agency ("Applicant") and Southern Caiifornia Edison Company ("Edison"). Applicant and Edison are referred to individually as "Party" and collectively as "Parties". 2. RECITALS Applicant has requested Edison, pursuant to Edison's Rule No. 15, Distribution Line Extensions, to install an electric distribution line extension ("Line Extension") to the location or locations described as follows: hlovley/Cook St Palm Desert, CA TRACT#30795 (Hereinaiter referred to as "Project") 3. AGREEMENT 3.1 Responsibilities of Applicant Construction Applicant shall, in accordance with Edison's specifications and timing requirements for the Project: • Pertorm route cleaning, tree trimming, trenching, excavating and backfilling and compacting; m Furnish iinported backfill material and dispose of trench spoil as required; a Furnish, install and transfer ownership to Edison any substructures, conduit, and protective structures required other than the conduit portion of cable-in-conduit; � Obtain any necessary construction permits for all work performed by Applicant under this Contract. If Applicant elects to have Edison periorm any part of this work, Applicant shali pay to Edison, as specified herein and before the start of construction, Edison's estimated-installed costs thereof. Rights of Way Appiicant hereby grants to Edison the rights of way and easements for the Line Extension over the shortest, most practical, available, and acceptable route within AppiicanYs property for the purpose of making delivery of electric service hereunder. Such easement shall include the right of access and right to trim trees as necessary. Where formal rights of way, easements, land leases, or permits are required by Edison for installation of facilities on or over Applicant's property, or the property of others, Applicant understands and agrees that Edison shall not be obligated to install the Line Extension for the Project unless and until any necessary permanent rights of way, easements, land leases, and permits, satisfactory to Edison, are granted to or obtained for Edison without cost to or condemnation by Edison. ADVANCES Applicant shall contribute or advance, before the start of construction, the refundable and non- refundable amounts as set forth in Appendix A to this Contract. This includes the costs for substructures and conduits which Edison had previously instailed at its expense in anticipation of the current Line Extension. Any necessary riser conduit, conduit covering, and miscellaneous riser material required for the Line Extension shall be furnished or paid for by Applicant and shall be installed by Edison. All contributions and advances by Applicant are taxable and shall include an Income Tax Component of Contribution (ITCC) at the rate provided in Edison's Preliminary Statement. ITCC will be either refundable or non-refundable depending on whether the corresponding contribution or advance is refundable or non-refundable. Joint Appiicants. The total contribution or advance fi�om joint Appiicants will be apportioned by Edison among the members of the group in �uch manner as Applicants mutually agree. 3.2 Responsibilities of Edison Construction Edison shall install, own, operate, and maintain the Line Extension to serve the Project. Edison will install only those facilities that, in Edison's judgment, will be used within a reasonable time to serve permanent loads. Refunds Edison shall make refunds to Applicant in accordance with the provisions of Rule No. 15. 3.3 Ownership of Facilities Title to and ownership of the Line Extension shall vest in Edison. Applicant does hereby agree that upon completion and acceptance by Edison of Any Applicant-in'stalled facilities, title to each and every component part thereof shall immediately pass to Edison free and clear of ail liens and encumbrances. 3.4 Service Facilities Service extensions shall be installed pursuant to Edison's Rule No. 16, Service Extensions. 3.5 Street Lighting Facilities Street lighting and Line Extensions within the Project solely for service to street lighting equipment shall be installed in accordance with the appropriate street light tariff schedule. Street light revenues are not applicable toward allowances or refunds for Line Extensions. Electroliers shall be located at points determined by the governmental agency having jurisdiction over streets to be dedicated to that agency or by Applicant for privately owned and maintained streets open to and used by the general public. 3.6 Non-Refundable Discount Option In lieu of contributing the total refundable amount, Applicant has 4he'option of contributing, on a non-refundable basis, a percentage of such refundable amount as set forth in Appendix A to this Contract. Applicant has or has not chosen this option as indicated by signature on Appendix A. 3.7 Refunds The total refundable amount shali be subject to refund, without interest, in accordance with the provisions of Rule No. 15, which inciude the following: Residential. Refunds will be made on the basis of any new customer permanent load connected to the Line Extension which produces additional revenues to Edison. The refund will be deducted from the total refundable amount, and the remaining amount subject to refund wiil represent that portion of the Line Extension cost no supported by revenues. Non-ResidenYial. Refunds will be made on the basis of Applicant or any new customer permanent load connected to the Line Extension which produces additional revenues to Edison. Edison shall be responsible to review ApplicanYs actual net revenue for the first three years from the date Edison is first ready to serve. Appiicant shall be responsibl2 for notifying Edison if new, permanent load is added the fourth fhrough tenth year from the date Edison is first ready to serve. Such review shall determine if additional net revenue justifies refunds to Applicant. Unsupported Extension Cos4. When any portion of a refundable amount has not qualified for a refund at the end of twelve (12) months from the date Edison is first ready to serve, Applicant will pay to Edison an ownership charge on the remaining refundable balance. The difference between the total refundable advance and any refunds made or eligible to be made to Applicant shall serve as the basis of a monthly ownership charge ("base"). Monthly ownership charges are caiculated by multiplying the base times the Customer-financed added facilities percentage in Rule No. 2. Monthly ownership charges are distinct from the refundable amount and wiil normally be accumulated and deducted from refunds due to Applicant. This provision does not apply to individual residential Appiicants. The monthly ownership charges herein shall automaticaily increase or decrease if the California Public Utilities Commission should subsequently authorize a higher or lower percentage rate for the monthly ownership charges, effective on the date of such authorization. Refund Period. The total refundable amount is subject to refund for a period of ten (10) years after the Line Extension is first ready to serve. Any unrefunded amount remaining at the end of the ten- year period shall become property of Edison. 3.8 Payment Adjustments Contract Compliance. If, after six (6) months following the date Utility is first ready to serve residential ioads for which allowances were granted, one (1) year for non-residential loads, Applicant fails to take service, or fails to use the service contracted for, Applicant shall pay to Edison an additional contribution, based on the allowances for the loads actually installed. Excess Facilities. If the load information provided by Applicant resuits in Edison having installed facilities which are in excess of those needed to serve the actual loads, and Edison elects to reduce such excess facilities, Applicant shall pay to Edison its estimated total costs to remove, abandon, or replace the excess facilities, less the estimated salvage of any removed facilities. 3.9 Reimbursement to Applicant Where mutually agreed upon by Edison and Applicant, Applicant may perform Edison's work or install facilities normally installed by Edison. Such work shall be in accordance with Edison's specifications and timing requirements. Edison shall reimburse Applicant Edison's estimated installed cost of such facilities and work by applying a credit toward ApplicanYs advance. Any amount not so credited shall be reimbursed to Applicant upon acceptance of the work and facilities by Edison. 3.10 Delays in Construction Force Majeure. Edison shall not be responsible for any delay in the installation or completion of the facilities by Edison resulting from the late pertormance of ApplicanCs responsibilities under this Contract, shortage of labor or material, strike, labor disturbance, war, riot, weather conditions, governmental rule, regulation or order, including orders or judgments of any court or commission, delay in obtaining necessary land rights, act of God, or any other cause or condition beyond the control of Edison. Resources. Edison shall have the right, in the event it is unable to obtain sufficient supplies, materials, or labor for all of its construcYion requirements, to allocate materials and labor to construction projects which it deems, in its sole discretion, most important to serve the needs of its customers. Any delay in construction hereunder resulting from such allocation shall be deemed to be cause beyond Edison's control. Contract Revision. If Applicant does not commence installation of any faci�ities which are ApplicanYs responsibility or Edison is prevented from commencing the installation of the facilities for causes beyond its reasonable control within one year from the effective date of this Contract, Edison may, in its discretion, revise its cost estimate and recalculate the refundable andlor non- refundable amounts et forth herein. Edison will notify Applicant of such increased costs and give the option to either terminate this Contract or pay Edison the additional charges. 3.11 Contract Termination If at any time during the term of this Contract, Edison is not the sole supplier of electrical requirements for the Project, this Contact may be terminated. Upon termination of the Contract, Applicant agrees to forfeit that portion of the advance paid to Edison for its expenses covering any engineering, surveying, right of way acquisition and other associated work incurred by Edison. If such expenses are greater or less than the refundabie and/or non-refundable advance, Applicant shall pay to Edison, or Edison shall refund the balance to Applicant, without interest, as the case may be. 3.12 IndemnificaEion Applicant shali, at its own cost, defend, indemnify, and hold harmless Edison, its officers, agents, employees, assigns, and successors in interest from and against any and all liability, damages, losses, claims, demands, actions, causes of action, costs including attorney's fees and expenses, or any of them, resuiting from the death or injury to any person or damages to any property caused by Applicant or its contractor and employees, officers or agents of either Applicant or its contractor, or any of them, and arising out of the performance or nonpertormance of their obligations under this contract. 3.13 Assignment of Contract Applicant may assign this Contract, in whole or in part, only if Edison consents in writing and the party to who the Contract is assigned agrees in writing, to perform the obligations of Applicant hereunder. Assignment of the Contract shail not release Applicant from any of the obligations under this Contract unless otherwise provided herein. 3.14 Joint and Several Liability Where two or more individuals or entities are joint Applicants under this Contract, all Applicants shall be jointly and severally liable to comply with ail terms and conditions herein. 3.15 Warranty Applicant warrants that all work and/or equipment furnished or installed by Applicant or its contractor shall be free of defects in workmanship and material. The warranty period shall begin from the date of final acceptance by Edison and extend for one (1) year. Should the wori< develop defects during tha4 period, Edison, at its election, shall either (a) repair or replace the defective work and/or equipment, or (b) demand that Applicant repair or replace the defective work and/or equipment and, in either event, Applicant shall be liable for all costs associated with such repair and/or replacement. Applicant upon demand by Edison, shall promptly correct, to Edison's satisfaction and that of any governmental agency having jurisdiction, any breach of any warranty. 3.16 Contract Effective Date This Contract shall not be effective unless it is (1) executed and delivered by Applicant to Edison together with payment required hereunder within ninety (90) days of the date in Paragraph 1 of this Contract and (2) accepted by Edison. This Contract shall then be effective on the date executed by Edison and shall take effect without further notice to Applicant. 3.17 Commission Jurisdiction This Contract is subject to the applicable provision of Edison's tariffs, including Rule No. 15, 61ed and authorized by the California Public Utilities Commission. This Contract shall, at all times, be subject to such changes or modifications by the Public Utilities Commission of the State of California, as said Commission may, from time to time, direct in the exercise of its jurisdiction. 3.1II Completion Date The completion date requested by Applicant is X 4. SIGNA7URE CLAUSE The signatures hereto represent that they have been appropriately authorized to enter into this Contract on behalf of the party for whom they sign. APPLICANT(Sl CORPORATION, SIGNATURE: X TITLE: X -� MAILING ADDRE; TELEPHONE: X 73-510 Fred 760-320-8773 Palm Desert Redevelopment Aaencv Dr., Palm Desert. CA ADDITIONAL SIGNATURES FOR JOINT APPLICANTS NAME OF AUTHORIZED INDIVIDUAL: 51 G NATU RE: TITLE: MAILING ADDRESS: TELEPHONE: ADDITIONAL SIGNATURES FOR JOINT APPLICANTS NAME OF AUTHORIZED INDIVIDUAL: SIGNATURE: TITLE: MAILING ADDRESS: TELEPHONE: � 3 APPORTIONMENT OF ADVANCE AMONG JOINT APPLICANTS: SOUTHERN CALIFORNIA EDISON COMPANY NAME OF AUTHORIZED INDIVIDUAL: David J. Brenaman SIGNATURE: TITLE: New Development Desian Supeivisor DATE EXECUTED: DATE EDISON FIRST READY TO SERVE: WORK ORDER NO. 6479-1855. 61805 ASSOCIATED WORK ORDER NOS. 6579-4216. 64001. 6479-2000. 62029 SOU1'FI�+i2N CALII'Ofl:N1A �DISON ("SCE") iDISTRiBdJ'I'ION LiIV� A1�TD/OR SERVICE �XTENSION APPLICANT'S IIVS'P'ALLATION OPTION AND STATEM�NT OF APPL%CANT'S CONTRACT ANTiCIPATEID COSTS Applicant: Pahn Desert Redevelopment Agency Work Order Number: 6479-1855, 61805 Project Specific Location: Hovley/Cook St, Palm Desert 1. dNSTALLA'�ION OPTIONS Applicant understands that in accordance with SC�'s Rute I S and/or Rule 16, Applicant can elect to have either SCE install the Distribution Line and/or Service �xtension or a Qualified Contractor/Subcontractor install the Dislribution Line and/or Service ExLension. 2. SC�'S ESTIMATED RETUNDABi,E COST iNFORMATFON SCE's estimated refundable costs are based on th'e work that SC� would normally perform that can be performed by a Qualified Coutractor/Subcontractar under the pirovisions of the Applicant Installation Option, Rule 15, Section G, aud in accordance with SCE's Terms and Conditions Agreement for Installation of Distribution Line Extension by Applicant (Form 14-188). SCE's estimated refundable costs: * $ 22,816.00 If applicable, other estimated cost info�mation may be provided below. This could iuclude the credit amount for Rule 16, street light, or other associated installation work. SCE Rule 16 credit arnount: "` SCE street light credit amount: * SCE associated work credit amount: �' $ 3. APPLiCANa SELECTION Applicant understands the iiistallation options under Section 1 above, and hereby elects the following Installation Option by initia0ing the appropriate selection below: Installation by SCE _ installation Uy Qualified Contractor/Subcontractor Under iustallation by Qualified Contractoi/Subcontractor, A�plicaut shall secure project speeific bid infoimation from Qualified Contraetors/Subcontractors for the installation of the Distribution Line and/or Service extension. Applicant shall contribute or advazice before the start of eonshuction any refundable or non-refundable amounts as specified in Rules 15 and 16. *Please refer to the specific conh�act, Appendix A, for detailed 6nancial infonnation. Fonn 14-754, New 7/04 4. AI'PLI�A1°iT'S CONTRAC'I' Atd'�ICIPATE�? COS?' �i�0i2MATION (to be completed only if installation is performed by a Qualified Contractor/Subcontractor as selected in Section 3 above) Applicant and/or ApplicanYs Qualified Contractor/Subcontractor understands that for ttie partion of the �leclrical Distribution and/or Service Extension that SCE would nonnally install, in accordance with SCE's Rule's 15 andlor 16 and the Tenns and Conditions Agreement for Installation of Distribution Line Extension by Applicant, the Applicant, prior to perfoiming any wark associaled with the installation of these electrical facilities, and for the purpose of utility billing aud accounting, shall elect one of tlie following oplions, and return this form to SCE prior to SCE proceeding with any further work on the ApplicanYs project. Option 1 Applicant elects to provide SCE with the Applicant's Contract Anticipated Costs, which are subject to refund, that are associated with that portion of the new Distribution L'uze and/or Service Extension norn�ally installed by SCE, and understands that the lower of SCE's estimated refundable cost or the Applicant's Contract Anticipated Costs, which are subject to refiuid, as subinitted below, shall apply to any applicable SC� refunds and allowances provided in accordance with Rules 15 and 16,' or Option 2 Applicant elects not to provide SCE with the ApplicauYs Contract Anticipated Costs, which are subject to refund. The Applicuit understands that by selecting this optiou, the Applicant is directing SCE to use SCE's estimated refundable cost for all billing and accounting. Applicant understands the Applicant Cost Information, as described above, and hereby elects the following by iniEialing the appropriate selection below: Option 1- Applicant's Contract Airtici�ated Costs $ Option 2- SCE's Estunated Refixndable Costs 5. iTCC SCE shall value all trenchnig, conduit, backfill, street repair, suUstructures, and encasement, based on SCE's estimate of sach items, for the purposes of collecting the applicable governmental taxes (ITCC) on contributions to SCE. 6. UTILITY It��PONSIBILITI�S Upon receipt of this completed vid signed form, SCE shall begin lhe process of producing the applicable conh•acts and fornis based on the selections made by the Applicant. '7. 5IGNA'TUiiE I declare under penalty of perjw that the foregoing is true and con•ect. ApplicanYs signahu�e: L � Applieant's printed name: � �US � �1 � (��I,F��, t�1 Date: (� I � Excludes the estimated costs of worlc the Applicant cannot perform, such as, work on or u� proaimil}� to, energized equipment. Porm 14-754, New 7/04