CenturyTel/Agreement for Telephone FacilitiesCenturyTel of Montana, Inc, dba CenturyTel
Agreement for Subdivision Telephone Facilities
THIS AGREEMENT, made, April 25, 2001, by and between CenturyTel of Montana, Inc, dba CenturyTel,
with its principal place of business in Kalispell, Montana located at 290 North Main hereinafter referr t asr" e
Company," and Chris Kukulski of Kalispell, Montana hereinafter referred to as "Developer"; 13
RECITALS. OCT 9 2001
L Developer is in the process of subdividing and developing property or has subdivided and develoApa",
which property is hereinafter referred to as "Project", and will be or is offering lots or portions of the PrAle�sfCC�fiaieee�
lease. (I�i1
2. Developer is desirous of making the necessary arrangements for the installation of telephone facilities to serve
the Project and the various portions thereof.
3. The Company is agreeable to install telephone facilities in the Project and the various portions thereof, subject,
however. to the terms and conditions as hereinafter set forth.
The parties agree as follows:
1. INSTALLATION OF FACILITIES: The Company agrees to design and install telephone facilities in the
Project located in Flathead County. State of Montana, and known as Buffalo Commons Subdivision Phase 5 and
identified on the sketch attached hereto as Exhibit A and by this reference made a part hereof, in order to provide
telephone service to subscribers in the Project as the lots and portions of said Project are developed and sold or leased.
2. ADVANCE: Promptly upon the execution hereof, Developer shall pay to The Company as an advance against
The Company's cost the sum of $14,341.13 which is the estimated cost of design, pu.rcbase, and installation of such
telephone facilities_ If multiple visits are required due to customer caused delays, an additional Charge of $200.00
per visit will apply. Upon completion of such installation and a determination of the actual cost thereof by The
Company, the Developer shall within ten (10) days after written demand on the Developer by The Company pay to The
Company an additional amount not to exceed 10% of the estimated cost if the actual cost is greater than the estimated
cost, The Developer shall be entitled to a reimbursement of the difference if the actual cost, as finally determined by
The Company, is less than the sum herewith as the estimated cost.
3. REFUNDS: (a) Developer shall be entitled to a refund from The Company of $1593.49 for each lot or portion
of the Project commeeted to The Company's facilities for telephone service to a subscriber within the period of five (5)
years from the date of which the facilities to be installed by The Company under the terms of this Agreement are
completed_ it is specifically understoud and agreed that the installation of the facilities contemplated hereunder do not
include the services rendered to a subscriber. If an adjustment of cost is made in accordance with the terms of Paragraph
2 of this Agreement, the refund shall be adjusted accordingly based on the actual cost of the design, purchase and
installation to The Company. It is understood and agreed that the amount of refund is determined by dividing the sum
paid to The Company under the terms of Paragraph 2 of this Agreement by 9 Lots( Lots 1-9) in the Project.
(b) Such refund shall be paid to the Developer each year for all lots and units connected during the previous
calendar year_ No interest shall be charged or paid on any payments made by the Developer to The Company or on any
refunds due Developer by The Company-
(C) Developer shall not be entitled to any refund for lots or units connected after expiration of the five (5) year
period described in Paragraph 3 (a) of this Agreement, and any unrcfunded portion of said cost referred to in Paragraph
2 shall become the property of The Company free and clear of any claim of the Developer,
IASU BDIVISIONSiSUB DIV CONT MONTANA.DOC 1
4. RIGHT OF WAY AND TRENCHES: Developer shall provide at no cost to The Company appropriate utility
rights of way by dedicating strips or easements for the installation of The Company's facilities, such rights of way or
easements to be dedicated or conveyed in a form acceptable to The Company. Such rights of way shall be graded to
semi -finished grade by, or at the expense of, the Developer prior to the trenching or installation of The Company's
facilities hereunder. Developer may provide, with the consent of The Company, all trenching, excavation and back filling
necessary for the proper installation of The Company's facilities, at no cost to The Company, and in accordance with
the specifications to be furnished by The Company.
5. DAMAGES TO FACILITIES: Developer agrees to comply with all the Statutes of the State of Montana or
any agency or municipality having jurisdiction thereof relating to any excavation, trenching and back filling necessary
and proper for the installation of The Company's facilities. Developer shall pay The Company for any damage caused
to The Company's facilities by Developer or any of Developer's contractors or subcontractors, and Developer shall hold
The Company harmless from any and all damage, liability, cost or expense of whatsoever nature resulting from any
damage caused to The Company by Developer or any of Developer's contractors or subcontractors. Such damage shall
be paid promptly by Developer to The Company at such time as The Company has determined the amount of damage
sustained by The Company under the terms of this paragraph.
6. REGULATORY JURISDICTION: This Agreement, the obligations of The Company hereunder, and all
telephone service to be provided by The Company in connection hereunder, shall be subject to the rules, regulations and
orders of any regulatory agency having jurisdiction thereof, and the rates, rules and regulations of The Company's tariffs
as now or hereafter filed with the regulatory authorities with whom such tariffs must be filed.
7. SUCCESSORS: The rights and obligations of this Agreement shall inure to the benefit of and be binding upon
the respective heirs, administrators, executors, successors and assigns of the parties hereto, provided, however, that no
assignment of any of Developer's rights of obligations hereunder, or any portion hereof, shall become effective with out
the prior written consent of The Company.
8. CONSTRUCTION SCHEDULING, CenturyTel will require a minimum of 45 days after the receipt of your
payment and signed contract before we will begin construction.
PAID
IN WITNESS HEREOF, the parties hereto have caused this Agreement to be executed as of the day and year
first herein above written. OCT 9 2001
CenturyTel
Kalls�ell, MT
COMPANY: CenturyTel of Montana, Inc. dba CenturyTe
By:
ener anager)
DEVELOPER: Chris Kukulski
By:
(Owner / Developer
I:ASUBDIVISIONS\SUBDIV CONT MONTANA.DOC 2
CenturyTel of Montana, Inc. dba CenturyTel
Contribution in Aid to Construction Agreement
(Non Refundable)
THIS AGREEMENT dated April 25, 2001 by and between CenturyTel of Monta , ba
CenturyTel (Company) and Chris Kukulski City of Kalispell Kalispell, Monana u ;
WITNESSETH:
OCT9 2001
1. Customer will pay to Company the sum of $33,587.64 the agreed construction charge
computed in accordance with the Company's tariff presently on file woorl1krIPTAic
Service Commission of Montana. Payment will be made to CenturyTel. Kalispell, MT
2. If there is a difference between the estimated and actual cost, a refund or additional
charge will be made.
3. Customer, if necessary hereby grants, and if necessary will obtain, without cost to
Company, easements acceptable to Company for the installation, operations and
maintenance of the facilities required in order to provide requested service.
4. Customer hereby grants permission without cost to Company to remove, clear and trim
any and all trees on, or overhanging, public thoroughfares adjoining or on Owner's real
property, in the manner and to the extent Company may deem necessary in order to
provide, operate and maintain said facilities.
5. This agreement shall be binding upon the respective executors, administrators, successors
and assigns of the parties hereto and shall at all times be subject to the rates, rules and
regulations of Company" said filed tariff and to changes or modifications approved by or
prescribed by any regulatory agency having jurisdiction.
6. CenturyTel will require a minimum of 45 days after the receipt of your payment and
signed contract before we will begin construction.
***This contract requires a State Highway Permit**
Accepted 204�
CenturyTel of Montanahp. dba CenturyTel
By: A,
(General Manager)
C'",�Sk
(Customer Signature)
Chris Kukulski
P ® Box 1997
Kalispell MT 59903-1997
Rev. 04/25/01
CenturyTel of Montana, Inc. dba CenturyTel
Contribution in Aid to Construction Agreement
(Non Refundable)
THIS AGREEMENT dated April 25, 2001 by and between CenturyTel of Montana, Inc. d
CenturyTel (Company) and Chris Kukulski City of Kalispell Kalispell, Monana(CustomerrAID
WITNESSETH:
OCT 9 2001
1. Customer will pay to Company the sum of $94,911.63 the agreed construction chZturyTel
computed in accordance with the Company's tariff presently on file with the PService Commission of Montana. Payment will be made to CenturyTel. pell, MT
2. If there is a difference between the estimated and actual cost, a refund or additional
charge will be made.
3. Customer, if necessary hereby grants, and if necessary will obtain, without cost to
Company, easements acceptable to Company for the installation, operations and
maintenance of the facilities required in order to provide requested service.
4. Customer hereby grants permission without cost to Company to remove, clear and trim
any and all trees on, or overhanging, public thoroughfares adjoining or on Owner's real
property, in the manner and to the extent Company may deem necessary in order to
provide, operate and maintain said facilities.
5. This agreement shall be binding upon the respective executors, administrators, successors
and assigns of the parties hereto and shall at all times be subject to the rates, rules and
regulations of Company" said filed tariff and to changes or modifications approved by or
prescribed by any regulatory agency having jurisdiction.
6. CenturyTel will require a minimum of 60da s after the receipt of your payment and
signed contract before we will begin construction.
Accepted I , 20.. C" A
(Customer Signature)
CenturyTel of Montana, Inc. dba CenturyTel Chris Kukulski
By: P O Box 1997
(General Manager) Kalispell MT 59903-1997
Rev. 04/25/01