HomeMy WebLinkAbout880348.tiff RESOLUTION
RE: APPROVE LAND DEVELOPMENT AGREEMENT BETWEEN WELD COUNTY AND
THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY AND
AUTHORIZE CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Land Development
Agreement between Weld County and The Mountain States Telephone
and Telegraph Company concerning the provision of
telecommunication facilities to the Weld County Business Park PUD,
which is located in Section 31 , Township 5 North, Range 65 West of
the 6th P.M. , Weld County, Colorado, and
WHEREAS, after review, the Board deems it advisable to
approve said Land Development Agreement with the terms and
conditions as stated in the Agreement, a copy of which is attached
hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Land Development
Agreement between Weld County and The Mountain States Telephone
and Telegraph Company be, and hereby is , approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Agreement.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 11th day of
May, A.D. , 1988 .
4 -I BOA OF COUNTY COMMISSIONERS
ATTEST: , �- i�,,� fpcuitei(pr,,�j WE OUNTY, COLORADO
l
Weld County Clerk and Recorder ( ne �
and Clerk to the Board Gene R. Bran 7 r, Chairman
BY: ' e-2/,--1,u__._0_ L /�
/1, 71..nG.- C.W. Xirb , Pro em
peputy County Clerk
EXCUSED
APPROVED S TO FORM: Jacqueline Johnson
G •
County Attorney $r
a
Frank amaguchi
/ i / _ 880348
(STD)
Control Number 1251100661
Job Number CS—
LAND DEVELOPMENT� AGREEMENT
/e
THIS AGREEMENT entered into this "/ day of 191f, by The
Mountain States Telephone and Telegraph Company, a Colorado Corporation
(hereinafter referred to as "The Company") and Weld County Government
61
(hereinafter referred to as "The Developer");
WITNESSETH
RECITALS:
The Developer has planned to undertake construction of a development known as
Weld County Business Park PUD which is more fully described as being located
in Section 31, T 5 North, R 65 West, Sixth Principal, Greeley Exchange,
Weld County, state of Colorado. The Company has been requested by The
Developer to provide telecommunication facilities, more specifically: buried
feeder and distribution facilities (as shown on the attached Exhibit A)
attached hereto and incorporated herein by this reference which facilities
will be adequate to serve 48 access lines in the above mentioned area, and
on or before five years from the date of this agreement, there will be 48
access lines in service in the development.
The proposed area is such that pursuant to the tariffs of The Company on file
with the Public Utilities Commission of Colorado (hereinafter referred to as
"The Commission"), The Company is willing to undertake provision of such
facilities only upon payment of the security deposit hereinafter specified.
COVENANTS:
In consideration of the mutual covenants and conditions here set forth, it is
hereby agreed by and between The Company and The Developer as follows:
1. This Agreement is entered into subject to the tariffs of the Company
presently in effect and on file with The Commission. In the event that
these tariffs are changed, superseded or suspended prior to any
performance by The Company, then this agreement shall become void and the
parties may enter into such new agreements as will conform to such tariffs
as may be in effect after the aforesaid change, suspension or supersedure.
2. The Developer shall pay to The Company a security deposit equal to the
estimated cost of Eighty—eight Thousand Forty—eight Dollars and Eighty
Cents ($88,048.80). Said total shall be paid to The Company as shown
on Exhibit B, attached hereto and incorporated herein by this reference.
3. Upon payment of the sums enumerated in paragraph 2 and Exhibit B, The
Company shall undertake installation of the facilities in the development
as stated in the RECITALS and as shown on the attached Exhibit A.
880348
4. The Company agrees that initial facilities will be available by 225 days
after execution of contract. Any additional facilities included herein
will be available prior to customer demand therefore. In no event shall
The Company's failure to complete the work by the above-specified date be
considered a breach of this agreement by The Company, nor shall it relieve
The Developer of any of its obligations hereunder, if said delay is caused
by acts of God, labor disputes, 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 The Developer or any other circumstances beyond the reasonable
control of The Company. The parties shall, insofar as possible,
coordinate their construction work.
5. Any easements, rights-of-way or property required by The Company in the
above development shall be furnished by The Developer without cost or
restriction to The Company and shall be cleared and within six inches of
final grade by the construction start work date. All survey property
stakes will be placed by The Developer as required to identify the
physical location of said easements and rights-of-way within the
development. The Developer shall be required to reimburse The Company for
unusual private and government right-of-way costs pursuant to this
agreement, that are not covered by the security deposit. In the event of
replatting, rezoning, or change of use during the term of this agreement,
The Developer or the permitted assignee shall bear the full expense of
relocation or replacement of all affected telecommunication facilities.
This amount is not refundable.
6. Within sixty days after the annual anniversary date of the execution of
this agreement for each of the next five years, The Company shall refund
to The Developer as follows:
a. The sum of One Thousand Eight Hundred Thirty—four Dollars and
Thirty—five Cents, ($1,834.35) for each access line in service in
the above development.
b. Said refund shall not apply to those access lines for which a refund
has been previously given by The Company to The Developer, and a refund
shall not be given unless there is a total net annual increase in
access lines from the preceding period in which a refund was given.
c. In no case will the refund be greater than the total security deposit
assessed by The Company ($88,048.80) or exceed the sum of
($1,834.35) per access line in service, and if after the fifth
anniversary there is any remaining balance which has not been refunded
to The Developer because of lack of access line development, that sum
shall be retained by The Company and no further refunds will be made.
d. No interest shall be payable to The Developer upon the amounts subject
to refund under this agreement.
e. The refunds contemplated herein are based on completed installation
costs per access line for the telecommunication facilities contracted
for herein.
f. It is the Developer's responsibility to notify the Company of any
change of address for purposes of refunds hereunder in accordance with
paragraph 15, below. The Company shall have no responsibility for
failure to make refunds if the Developer has changed its address and
has failed to notify the Company.
880348
7. It is understood and reed that the consideration p, £ by The Developer
is a charge for the cost of providing telecommunication facilities in this
type of area and is not a deposit for security for individual customers,
nor are such payments applicable to installation charges or the regular
monthly charges for such service as provided in the filed tariffs of The
Company, and the charge does not vest ownership of the facilities in The
Developer or subscriber nor does the charge reserve any central office
equipment.
8. The security deposit and refund procedure provided for pursuant to this
agreement does not satisfy the zone connection and construction charges
which may be payable by the individual customers as required by tariff.
The Developer shall not represent that the payment of the security deposit
by The Developer alleviates the individual customer's responsibility to
pay other appropriate charges when required by tariff.
9. Any type of construction requested by The Developer other than normal
construction proposed by The Company shall be subject to additional
charges as provided in The Company's tariffs, and such charges shall not
be subject to refund.
10. In the event access line development does not reach 48 access lines
within five years from the date of this agreement, The Company shall have
no obligation to continue to provide the facilities not in use which were
placed or reserved pursuant to this agreement. In the event of a lack of
access line development, The Company may remove or otherwise utilize any
facilities which are in excess of the amount in service on the fifth
anniversary date, and The Company shall have no obligation to serve
subsequent customers in the development other than pursuant to applicable
tariffs then on file and in effect, with The Commission.
11. This agreement may not be assigned by The Developer without the prior
written consent of The Company.
12. This agreement shall inure to the benefit of and be binding upon the
successors in interest and permitted assignees of the parties hereto.
13. The Company reserves the right to construct excess capacity into the
facilities being constructed pursuant to this agreement. The additional
costs of the excess facilities are not included in the charges set forth
above, and The Developer will not be liable for such additional costs. In
the event that additional persons apply for service subsequent to the
construction of facilities pursuant hereto. The Company shall charge to
such subsequent applicants, fees and construction charges as may be
applicable under the tariffs then on file and in effect with The
Commission. The Developer shall not be entitled to any refund or
reduction in charges by reason of the provision of such service to such
additional applicants.
14. In the event any legal action is required to enforce the provisions of
this agreement, the prevailing party shall be entitled to recover all
costs of suit, including reasonable attorney's fees.
15. Any notice between the parties and payment of security deposit and refund,
pursuant to this agreement, shall be given in writing, hand delivered or
mailed by United States mail, postage prepaid, addressed, if to The
Company to:
The Mountain States Telephone and Telegraph Company
Land Development Agreements Coordinator
P. 0. Box 1976, 1005 17th Street
Denver, Colorado 80202
and if to The Developer to:
Weld County Government
Attn: Donald D. Warden
915 10th Street
Greeley, Colorado 80631
and shall be effective when hand delivered or postmarked, whichever is
-earlier. Changes by either party in the designations must comply with the
above.
DEFINITIONS:
16. The following definitions are applicable to this agreement:
Access Line. The telecommunication circuit that extends from the
customer's termination point to a central office.
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.
Tariff: A document filed by The Company with the Public Utilities
Commission which lists the communication services and products offered by
The Company and gives a schedule of rates for those services and products.
IN WITNESS WHEREOF, the parties have executed this agreement the day and year
appearing on the first page of this agreement.
THE MOUNTAIN STATES TELEPHONE AND
TELEGRAPH COMPANY,
a Colo Co por tion
By c�<�<t_�� .
Title Director — Fac. Engr. , Southeast
Meld nin
ty Government
By it l y nga,„ ,
Title
ATTEST/WITNESS
P ce�n[e{ 1
880348
EXHIBIT B
a. _Upon execution of this agreement the sum of 88,048.80 is flue.
880348
- - . - - - fAvIB 12DDD WC•R 38 F
EKNLdir -A
.NCR}A'ER�.r pETRrer
`1. ,: R THE I i I rMhYTcw aw/K[
{-� 4 r lUv..ion
YW3., W VIbORE �J
'�--cva �E: STREET ' , ; J
R 1 'n - -�- - =T--fir_ �.coweR areitr�.I.Reew.
•
N LrU574111 S '14L 8 COMMERCIAL
TRACT 'a". • •
-- III
�CT T'�[��� 46 ACRES E y
"flE I) I IRCNL H BLea Pilaw./JO F-. ` .
4,"...y ETRUCTVRE TYPI• N KLOwco yr AMICABLE. //'�� ' A I i
/ N ROe COOS 00 W 4UGNR1' / t• .R,� .
.r / RR PONCRETI FACING Harr .;II ' 1N
•
•o, i
1. 9.34 39"E .-\S. •..ti •-...
270 06' •�>I •- " ••• �..!' E%I3TINb t + �I =
i _ ".",. . 'I G45 WELL 'v f
te.46 III � -yy'. "- Y+ ,I...`.�.�
L ee'O4'47" .. MFR SE• e' ♦I o
._TRACT•D --r •r,., -�wn F II � •• {
24 ACRES • J / tIJ __- •..., I�'.•••/ AIRPORT avFr.AT IYSTNI.T
`pq LIV LIE OF
(39`E. \ .0.w HEIGHT b tT / f �� - Ilf.` St _ \..- •"M.I ELEV Y!�roM1 oCC
LEGEND
41r...r• f �t- fROPO5ED =�GSE
R•230' - _ ' t
rt
[�'/ rf / a, %L 251 LANOSCAPIND
3.. -- - I -0.\ • :ROFr1SE0 2b OTLRr q5.61'4241'E. L eAEENOSC t�I -• — U PROPoEEO to-SEWER
ICI • . PRpvOSED a bE WEF Ir ♦SiI ••••••• .• n
Li N.90'0000'E. ;. I I L .w4... .�...��+ •'. ,a., ..
•
jPI 714.5���"" ii - _ • ..
s.22'0542 5 v` INDUSTRIAL `-
•279 42 !Lail. •c::• ..—
• L.C •279 5 II OMMERC'AL , i•.•.•••••••••••„.••• ,•
Cb.•.1 C9 IT';' I r _ .•.� _
I. _ TRACT"C y
/e� IF p' •
124 ACRES: y
N ••-ELI eEIGYT n ,I6 -... -e.I a.•.....,.-.„-....—.-
�` 36 R. —. .�__ ry — .r.....� F.
`\ II N ALLOWED a Tail is b • 'ap -+:o, •;•.......,,
ALLOWED ET•PFUCAE_E — "y
BLOC CODE SOK w<5pN.ry Y
\ 1, I =
OR CONCRETE,sc, F. .r..,.
r STRUT • JE`��—.
Y R•460' ` )
_� G. 01.00'00`
.Yr-I \ L•891.17' Npp Lt•758.20'
.—• --— —— —�J•YL • CA. 5 34'30 00 E ' E.I/4 coxvER NEC.a1
/+ T'I` _ $" '1-�.s_I 'Moir FIJETLAr p.r+bCi
. •
mss
, _ _ + v - ..
( �S � ,••• —
..�- -4!,e,.t��) 7 .Y .---- mil ii i'-.'COLLECiOR bT. �X" Sr PI‘‘ 80'Rif W. •
/ : Y.. •11 V �•' N N 90'0000 E. / •
\ 1 'tab,.l) y :y . 160.00 • : 1 t! \
..;).•V /i-7• ° _,.r0 , x . 1.7 . - r 'f
rr''.. • �•yy • N.50'DO'00`E.
I. �� ..J- :..' t4,o ' L8.90560:00 ' Il 50.00' f'
o <�`• .O k ,I/)/ TCA42.43' II ti •- II00'PROPOSED IS-SEWER
Y IN� 1.5}�
I,,, . ,,an ;, i. ..Pti g
/'Y7./ ._=__EI
, 1i.
•
,i //
V
is- 4IEOO'NroPOSE,p y- SE
R
SATING 2r se we Y,
a
Mountain Bell
A US WEST COMPANY
Denver, Colorado
May 23, 1988
Weld County Government
Attn: Donald D. Warden
915 10th Street
Greeley, Colorado 80631
Subject: Land Development Agreement — Control No. 1251100661
Dear Sir or Madam:
-Enclosed is your copy of the fully executed Land Development Agreement,
between Mountain Bell and Weld County Government developer of the
-development known as Weld County Business Park PUD, in the Greeley
exchange, state of Colorado.
Should you have any questions, please call me on (303) 896-9597.
Sincerely,
LiAL031 €(7114.1%43
_Dan Buckstein
Land Development Coordinator
Enclosure
88x'343
Hello