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'Q XcelEnergy- OUrOOOl UGHTING 1971 G«tn»ay Bouitvard Arden HiHt. Minneeota Mil 2 2750 In this agreement. Northern States Power Gxnpany d/b/a Xcel Energy is called “Xcel Energy* and the Gtstomer is called *1” or *m) Customer and Xcel Energy agree to the following terms and conditions; 1. Request for Outdoor Lighting Services. I request that Xcel Energy install outdoor lighting at the location designated above and/or the approximate location as shown on the attached exhibit. I grant Xcel Energy any right, privilege and easement to install, operate and maintain its underground facilities on the propert)’. 2. Installation Requirements. I agree that, prior to Xcel Energ>’ starting work: (1) the route of Xcel Encrg)’’$ service instaOation shall be accessible to Xcel Energ>'*s equipment; (2) I will remove all obstructions from the route at no cost or expense to Xcel Energ)’; (3) I will clearly mark all septic tanks, drain-fields, sprinkler s>’stems, water wells, owner-installed electric or pipeline facilities, or other customer-owned facilities in the installation routr, and (4) the ground elevation along the route shaO not be above or more than four inches below the final grade. Xcel Energy’ will contact Gopher State One Call to locate 3^ part}' utilit>* facilities (phone, cable, etc.) on my propert>*. I agree Xcel Energy is not responsible for damage to customer-owned underground facilities not marked at the time of outdoor lighting service installation. 3. Installation Cost Contribution. I agree to pay an installation cost contribution provided in Project Charges on page one. I undentand that I am responsible for any additional installation costs incurred b>’ Xcel Energ}* because of (1) soil conditions that impair the installation of underground facilities, such as rock fomutions, etc., and (2) sidewalks, curbing, black top, paving, sod or other landscaping and obstructions along the cable route, such as extensive e.xisting underground facilities, etc. 4. V'inter Construaion Charges. I understand VCmter Construaion Quuges mav- apply if underground facilities are installed between October 1 and April 15. When construction scheduling does not permit installation of underground facilities to be completed prior to Oaober 1 or after April 15 and 3^el Energ}’ determines winter conditions exist, I agree to pay Winter Construction Qu^es if I request Xed Energ}' to complete the construction during aforementioned time. Xcel Energ}’ will agree to complete installation at m>’ request if w-inter condition exists with a frost line of less than 6 inches. If w*inter conditions exist with a frost line 6 inches or above, construction w-ill be scheduled for after April 15. 5. Restoration. Xcel Energy will restore the boulevard and will backfill the service trench on m>- propertv ’ with existing soil so the trench is level and cleaa I am responsible for the final compacting, loam seeding, sod or watering of service trench at m}* eiqiense. 1 will also be responsible for restoration in areas w here I have exposed mv* underground facilities listed above. * Relocating Facilities. I agree to pay the cost of relocating any portion of said underground facilities made to accommodate me or required due to altering of grade, additions to structures, instaUations of patios, decks, gardens, sidewalks, curbing, paving, blacktop, sod, landscaping or any other condition which makes maintenance of the Xcel Energ}’*s facilities impractical 7. Ownership of Facilities. The entire ornamental streetlight system including underground cables, conduit, posts, lamps, ballast, starters, photocells, and glusware instaDed by Xcel Energ}', shall be the property of Xed Energy. I have no ownership interests or righu in these facilities. Any pa>menu I make or toy contraaor shaD not give entitlement to at^ ofwnership intcr«t or ri^s thereia Xcel Energy Proprietary & Confidential Page 2 of 2 11/20/01