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Home My WebLink About2.0 Supplemental Info.QWEST CORPORATION Formerly known as: USWEST DEVELOPER CONTACT GROUP P.O. Box 1720 Denver, CO 80201 August 23, 2000 Re: Control Number CO22037 BOB REGULSKI BOB 0045 MID VALLEY DRIVE NEW CASTLE, CO 81647 life's better here Dear Developer: Enclosed is your copy of the fully •executed Land Development Agreement between U S WEST and BOB REGULSKI, developer of the development known as RIVER VIEW RANCH SUBDIVISION in GARFIELD County in the State of COLORADO. Should you have any questions, please contact me on 1(800)526-3557. Sincerely, CECELIA E. COGGINS DCG Coordinator Enclosure USA 0000 Proud Sponsor 36USC380 Control Number: CO22037 Job Number: 9222702 Agreement For The Engineering, Design, Placement And Splicing of Facilities By U S WEST 23 THIS AGREEM T (hereinafter "Agreement") is made this day of �07, U , WEST, a Co orado co oion (hereinafter "USW") (hereinafter "Develope /Builder). 1. RECITALS and entered into by and between U S and BOB REGULSAI WHEREAS Developer/Builder is undertaking construction of a development known as RIVER VIEW SRANCH SUBDIVISION (hereinafter "Development"), projected to contain FIVE (5) dwellings occupied within 36 months, which is more fully described as being located in , SILT exchange, GARFIELD County, State of COLORADO; and, WHEREAS USW has been requested by Developer/Builder distribution facilities (hereinafter "Facilities") Development prior to the construction of buildings units. Facilities will be adequate to serve FIVE Development; and, WHEREAS USW is willing and agrees to place Facilities, as more fully described in Exhibit A, attached hereto and incorporated herein, in accordance with the terms and conditions of this Agreement and with any applicable Tariffs on file with the Colorado Public Utilities Commission; NOW, AND IN CONSIDERATION of the mutual promises and covenants hereinafter set forth, the parties agree as follows: to provide within its or living (5) lots in 2. DEFINITIONS Access Line: The telecommunications circuit that extends from the customer's termination point in a completed residence to a central office. r -2 - Central Office: A switching unit in a telephone system, providing service to the general public, having the necessary equipment and operating arrangements for terminating and interconnecting access lines. Distribution Facilities: All telephone plant between the feeder facilities and the customer's termination point. Feeder Facilities: The telephone plant between the central office and distribution facilities. Service Lateral: The wires and the trench between the serving terminal and the Standard Network Interface (SNI) at the entrance of a residential dwelling where service terminates. 3. EASEMENTS Any easements, rights-of-way or property rights required by USW for the Development shall be given to USW by Developer/Builder,. in writing, in recordable form. Application fees, permit fees or any other governmental charges, special study costs, any costs incurred due to unusual conditions (e.g. rock, swamp, asphalt) and overhead for placing facilities, at no charge, with no restrictions or exceptions, prior to the commencement of any construction by USW. Developer/Builder shall be responsible for clearing and establishing final grade within six inches throughout the easement area before USW is expected to start construction. All survey property stakes will be placed by Developer/Builder to identify the physical location of said easements and rights-of-way within the Development. Developer/Builder shall be required to reimburse USW for right- of-way costs pursuant to the Agreement. In the event of re - platting, re -zoning, or change -of -use during the term of this Agreement, Developer/Builder or its permitted assignees or successors shall be responsible for any additional relocation or replacement costs (which costs shall be non-refundable) relating to affected Facilities. 4. TRENCHING AND SERVICE LATERALS Developer/Builder shall provide trenches and service laterals ("Trench") and backfill operations, as shown on Exhibit A, in accordance with USW standards. -3- A. Developer/Builder shall be responsible, at its sole expense, for obtaining any permits, licenses, bonds or other consents or approvals necessary for USW to move, park, and maneuver equipment on the job site, to store tools and materials, to barricade or close streets, alleys or walks, and to use electric power, water and sewers, and to dispose of soil within the Development. All permits, licenses, bonds or other types of approvals shall be in Developer/Builder's name and shall not commit USW to any obligations not identified under this Agreement. Developer/Builder shall take necessary safety precautions as required by federal, state and local authorities to protect pedestrian and vehicular traffic in the development, including, but not limited to, maintenance of adequate warning signs, barricades, lights, guard fences, walks and bridges. Developer/Builder will be required to furnish and install conduit for sleeving of streets or concrete drives, in accordance with USW standards. B. Developer/Builder shall coordinate applicable schedules hereunder with USW's representative: TOM ECKES 307-772-4001 . C. Critical Scheduling Dates: Developer/Builder shall select start and completion dates for Trench excavation and backfill which are compatible with USW's engineering, material ordering and construction schedules. C.1 Developer/Builder shall begin Trench excavation within five days of the date USW's representative notifies Developer/Builder that material is available ("Start Date"). C.2 The Trench D to for purposes of the Agreement is on or about Q/GG C.3 Developer/Builder shall provide USW an addressed, recorded plat in el ct onic, digital or written format on ,-._4C If USW does not receive complete aa information the development schedule ma be P P may -be C.4 Developer/Builder shall provide USW twenty-one (21) days' notice prior to the completion date of living units with Development. C.5 Developer/Builder shall schedule a pre -construction utility coordination meeting. -4- D. Developer/Builder shall complete the work as soon as practicable, but no later than fourteen (14) days from Start Date. Trench must be maintained by Developer/Builder for a minimum of three days after notifying USW to allow USW adequate time to place facilities, without interference from other contractors. Developer/Builder shall provide sufficient backfill to protect USW's cable after cable placement. Any changes to the time limits stated herein must be given prior approval by USW's authorized representative. E. If Developer/Builder has not commenced Trench excavation within fourteen (14) days of Start Date, Developer/Builder shall reimburse USW for any and all carrying charges, penalty fees, and shipping costs related to the storage, return, and reorder of materials associated with Facilities. In addition, Developer/Builder shall reimburse USW for lost time by USW personnel due to Trench failures or insufficient Trench. F. Developer/Builder's Trench and backfill operations shall conform to the National Electric Safety Code (NESC) and to USW's approved job prints and standards. USW shall be afforded the opportunity to inspect all Trench and backfill. All Trenches provided by Developer/Builder shall be within rights-of-way or the dedicated easements of the Development and within six inches of final grade. G. In the event Developer/Builder damages USW's Facilities, Developer/Builder shall bear the full expense of repair or replacement of such damaged Facilities, at USW's sole option. H. Developer/Builder shall restore all improved and unimproved surfaces to their original condition, in accordance with rules and regulations of the governmental authority having jurisdiction in the development, and shall guarantee said restorations against settlement or other defects for a period of five years from the date of final acceptance of the work by USW. 5. INSTALLATION OF FACILITIES USW agrees that initial Distribution Facilities will be in place within 120 days after execution ("Start Date") of this Agreement. In no event shall USW's failure to complete the work by the above specified date constitute a breach of this Agreement by USW, nor shall it relieve Developer/Builder of any of its obligations hereunder, if the delay is caused by unavailability of equipment or material, delays in receiving equipment or material, delays in obtaining easements or rights-of-way, unusual working conditions, unusual terrain, delay caused by Developer/Builder, or any other circumstances beyond the reasonable control of USW. -5 - Insofar as possible, the parties shall coordinate their construction work. 6. INDEMNITY Developer/Builder shall indemnify and hold harmless USW and its agents and employees from and against any and all claims, losses, actions, damages, expenses and all other liabilities, including, but not limited to, costs and attorneys fees, including the proper placement of the Trench within the appropriate easement, arising out of or resulting from the performance or non- performance of Developer/Builder pursuant to the Agreement, unless directly caused by negligence of USW. 7. CHARGES USW will engineer and design, secure all materials, and provide the labor necessary to place, splice, and test Facilities in the Development, using standard USW specifications. USW will bill Developers/Builder a NON-REFUNDABLE charge of FOUR THOUSAND FIVE HUNDRED FORTY-TWO DOLLARS AND 50 CENTS ($4542.50) for such services upon execution of this Agreement. 8. GENERAL CLAUSES A. Developer/Builder understands and agrees that the payment made to USW hereunder is a charge for the cost of providing distribution facilities in the Development and is not: (1) a deposit for security for individual customers, or (2) applicable to installation charges or regular monthly charges or such service as provided in USW's filed tariffs. Developer/Builder shall not represent to any individual that Developer/Builder's deposit satisfies any line extension charge, construction charges which may be payable as required by tariff, or alleviate any customer's responsibility to pay other appropriate charges when required by tariff. Payments made hereunder to USW shall not grant Developer/Builder or any subscriber any ownership in Facilities OR RESERVE ANY CENTRAL OFFICE EQUIPMENT OR ANY FEEDER FACILITIES. B. USW reserves the right to construct excess capacity pursuant to this Agreement. The additional costs of such excess capacity are not included in the Facility charge stated above. -6- C. Any notices required to be given by either party given in writing, hand delivered or deposited in States mail, addressed to: U S WEST Developer/Builder Contact Grp PO Box 1720 Denver, CO 80201 1-800-526-3557 BOB REGULSA7 BOB 0045 MID VALLEY DRIVE NEW CASTLE, CO 81647 shall be the United Notices shall be effective when hand delivered or postmarked, whichever is earlier. Either party may change designations pursuant to this paragraph upon written notice to the other party. D. This Agreement may not be assigned by Developer/Builder without the prior written consent of USW, which shall not be unreasonably withheld. Assignment requests to USW must be accompanied by a non-refundable processing fee of $50.00 (fifty dollars) per request. E. A failure of USW to enforce any provision of this Agreement on any occasion shall not constitute a general waiver of its right to enforce that or any other provision of this Agreement on any other occasion. F. This Agreement shall inure to the benefit of and be binding upon the successors in interest and permitted assignees of the parties hereto. G. This Agreement may be amended only by a written document signed by both parties. H. Neither party shall be liable to the other for delays or failure in performance, or for loss or damage, due to fire, explosion, power blackout, earthquake, volcanic action, nuclear, flood, strike, war, civil disturbance, governmental requirements, acts of God, or other causes beyond its control. I. Use of the term "day" herein shall refer to calendar days, unless otherwise specified. J. This Agreement and the obligations of the parties hereunder shall be construed and governed in accordance with the laws of the state in which Facilities are provided hereunder. -7- K. This Agreement is subject to the applicable tariffs filed by USW with the appropriate agency of the state in which Facilities are provided hereunder. In the event that applicable tariffs are modified, superseded, or suspended prior to performance by USW hereunder, then this Agreement shall become null and void, and the parties may elect to enter into a new agreement to conform to such new tariffs. L. All claims arising out of this Agreement shall be resolved by arbitration in accordance with the then current rules of the American Arbitration Association. The arbitration shall be conducted by a single arbitrator engaged in the practice of law. The arbitrator's decision and award shall be final and binding and may be entered in any court with jurisdiction. M. Developer/Builder agrees not to enter into an exclusive promotional arrangement with another local provider of telecommunications services for a period of thirty-six (36) months after the execution of this Agreement. Nothing in this Agreement affects the right of any end user customer within the Development to select the end user's telecommunication services provider(s) of choice. IN WITNESS WHEREOF,the parties have executed this Agreement effective the day and year appearing on the first page of this Agreement. By By U S WEST - - .- 8/ /DO C Manag r (DEVELOPER/BUILDER) Title ATTEST/WITNESS , 'vte(tc