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HomeMy WebLinkAboutGTE Easement - Desert Willow South Course Developement 1[1_ C.) PALM DESERT REDEVELOPMENT AGENCY INTEROFFICE MEMORANDUM DATE: OCTOBER 9, 1997 TO: EXECUTIVE DIRECTOR, HONORABLE CHAIRMAN AND MEMBERS OF REDEVELOPMENT AGENCY BOARD FROM: RUDY ACOSTA, PROJECT ADMINISTRATOR SUBJECT: GRANT OF EASEMENT TO GENERAL TELEPHONE (GTE) ALONG CERTAIN PARCELS OF DESERT WILLOW SOUTH COURSE DEVELOPMENT Recommendation: By minute motion, authorize the Chairman, on behalf of the Palm Desert Redevelopment Agency Board, to execute a Grant of Easement for GTE along certain parcels within the Desert Willow South Course Development. Background: GTE has requested that the Palm Desert Redevelopment Agency grant them an easement for access purposes to their telephone lines and equipment to be installed across certain parcels within the Desert Willow South Course Project. Said easements are described in Exhibit "A" document attached to this report. The City's Engineering staff has reviewed the GTE submittal documents and does not anticipate any adverse effects to the project by granting of the requested easement. Therefore, Staff recommends that the Agency Board, by minute motion, authorize the Chairman to execute a grant of easement for GTE along the described parcels within the Desert Willow South Course Development. REVIEWED AND CONCUR: Rudy Acosta Project Administrator Executive Director m h010-aff-C4ra..7011) �. Attachments (as noted) ON11/11./22 VERIFIED BY. 0 le Original on file with City Clerk's Office ala GTE California Incorporated June 18, 1997 295 N.Sunrise Way Palm Springs,CA 92262-5295 In Reply Refer To CACO2NC 3 1997 Mr. Rudy Acosta Palm Desert Redevelopment Agency RF0„P, 1. " s73-5F lDesert, CA 92236 dWinge �E�T Palm G�NCy Dear Mr. Acosta: RE: LOCATION: DESERT WILLOW GOLF COURSE W.O. # : 0547-3P001NB 1. This letter is to inform you that upon fulfilling the terms and conditions of the agreement entitled "Underground Communications Facilities Agreement" , to be executed by our Facilities Inspector, GTE California will reimburse your company for the material placed and priced as depicted on the enclosed Invoice Detail . The Invoice Detail should be returned upon completion of the conduit placement with the actual usage indicated. 2. GTE California requires the aforesaid documents to be in our file prior to conduit placement. 3. Sign and return the original and one copy of the agreements to: GTE California , 295 N. Sunrise Way, Palm Springs, CA, 92262-5295. 4. Retain one copy for your records and use, plus one copy for your Field Superintendent. Our work cannot be scheduled until we receive the executed agreements. If you have any further questions regarding this matter, I may be reached at 760/864- 1720. Sincerely, Jim Douglass Designer - Access Design JD:tjw Enclosures A part of GTE Corporation w. o. 6SS/7-3 /Ail LEGEND - Material reimbursed by GTE California Inc. (See Conduit Vendor Note) A - Material provided by developer Conduit, GT42 , PVC or ABS marked GTS-8342 (General Systems Specification) by GTE California, Inc. —— Conduit, GT42 , PVC or ABS marked GTS-8342 (General Systems Specification) provided by developer O Conduit ❑ Pull box or manhole CONTRACTOR' S NOTES 1. It is our earnest desire to assist you in planning for adequate usable conduit system at minimum cost to you; however, we cannot be responsible for deviations from these specifications which are not specifically approved by our Facilities Inspector. Please contact Mr. John Durbin at 619/342-0508 five (5) working days prior to the start of construction for a field meet. This meeting is required to outline reimbursement guidelines and required inspections. 2 . Any deviation from GTE California ' s specifications or con- struction drawing must have prior approval of GTE California's Facilities Inspector. 3 . Developer will provide all trenching, backfilling, and placement of this system. 4 . Unless specified on drawing, a minimum of 42" cover below gutter grade flow line will be maintained. 5 . Where telephone conduit and electrical power are installed in the same trench, there shall be 12" minimum separation of well packed earth or 3" of concrete between the telephone and electri- cal power ducts. See Exhibit "A" . 1 6 . Telephone conduit shall clear all other utilities (water, gas , sewer) as required by and directed by governmental agencies concerned. 7 . Developer or developer' s contractor shall be responsible for obtaining necessary excavation permits and inspection fees. 8 . Developer will furnish ties for conduit, pull boxes, man- holes, wall to wall, and wall to pole. All measurements will be verified by GTE California, Inc. Facilities Inspector. Steel measuring tape must be used for wall to wall measurements. 9 . All conduit sweeps must be encased in concrete. 10 . Conduit terminating in a manhole must be encased in concrete for at least 15" outside of manhole wall to minimize shearing action from backfill settlement. 11. All ducts must be quality checked by drawing a mandrel of proper size through all ducts prior to the acceptance of the con- duit system in the presence of a GTE California Facilities In- spector. Mandrel to be 3 5/32" x 12" for 3 1/2" duct and 3 5/8" x 12" for 4" duct. A polypropylene pull rope is to be placed in each duct. 12 . Shade ducts with select material (no rocks over 3/8" diameter) as shown in Exhibit "A" . 13 . Conduit bends in a trench line that is to be provided and placed by the developer will not have less that 12 ' 6" radius (unless otherwise specified) . Conduit which enters a building will not have a radius of less than 36" . 14 . Service laterals shall not have more than the equivalent of 160 degrees in bends from the manhole, pull box or riser pole, and shall not exceed 350 ' in length. Where the runs exceed 350 ' , pull box shall be installed in such a way that no section con- taining one or more bends exceed 350 ' . The conduit end should be stubbed up the riser pole a minimum of 12" . 15. Place ground rod provided by GTE California Inc. at riser poles if Schedule 40 PVC riser is used. 2 A MATERIALS REIMBURSED BY GTE CALIFORNIA QUAN. UNIT DESCRIPTION 4 D 2 E A- Cvit/DU/T flr 4 "x 2_0 ' 4 .4- /2! W-/.7 z_ eAv&,2. 1 3 � /T ��4-/) 4 /, 4 744 4.4 %42 2 , , L 5 E,4 /)J C' 4)E AJ7 Q T i3So' �- s 5 rJ AIL ALL OTHER MATERIALS TO BE PROVIDED BY DEVELOPER QUAN. UNIT DESCRIPTION 77)A/VOLE MI 6 'U /v&rrC a/V *" 3 • MANHOLE QUAN. SIZE LID TYPE GTE California approved material may be ordered from the following manufacturers: MANHOLES/PULL BOX Brooks Products, Inc. Utility Vault Company 4505 Little John Street 10650 Hemlock Avenue Baldwin Park, CA 91706 Fontana, CA 92335 (213) 283-0637 (909) 350-2627 (909) 350-4111 Associated Concrete Products Inc. 4301 West MacArthur Boulevard Santa Ana, CA 92700 (213) 625-2686 (714) 557-7470 PULL BOX/UTILITY BOX (UP TO 3 ' X 5 ' X 3 ' ) CDR Systems Corp. 745 North Avenue Corcoran, CA 93212 (209) 992-2122 Armorcast 13030 Ramer No. Hollywood, CA 91602 (818) 982-3600 Conduit to be reimbursed by GTE California will be purchased from Carlon Mfg, Distributed by Cal-Duct Inc. 175 West Bryant St. Bloomington, CA 92316 (909) 877-0577 FAX: (909) 877-3205 REVISED 9/95 4 r---- FURM90005958(10-95) -GTE COPY C CALIFORNIA INCORPOR4 D IJRIED COMMUNICATION AGREEMEN ,a corporation Whereas, PALM DESERT REDEVELOPMENT AGENCY ,a partnership an individual is the owner or authorized agent of the owner,hereinafter referred to as"Applicant,"of certain land known as DESERT WILLOW GOLF COURSE' in the City of PALM DESERT ,County of RIVERSIDE ,in the State of California:and, WHEREAS, Applicant desires or is required to have underground communication facilities placed in said land in accordance with and subject to the Tariff Schedules of GTE California Incorporated (hereinafter referred to as "GTE") which Tariff Schedules include, but are not limited to, Rule No. 34;and, THEREFORE,IT IS AGREED AS FOLLOWS: 1.Applicant agrees to execute and deliver to GTE,without cost,adequate easements for communication purposes on GTE's standard right-of-way document, said easements to be generally along the areas delineated in GTE's Construction Plan attached hereto and made a part hereof.GTE agrees to prepare the necessary right-of- way document for Applicant's signature. 2.Upon the granting of said easements,Applicant shall,within a reasonable time after requested by GTE,perform the work required of it at its expense as set forth in the Construction Plan in accordance with Rule No.34.If materials are furnished by GTE,Applicant shall use all reasonable precautions to safeguard GTE's materials. In furnishing said materials or performing said work.Applicant shall comply with all the terms and conditions of this agreement including the Construction Plan and Specifications,further including,but not limited to,the following special conditions applicable to the specific types of work or materials: a. If trenches are required to be furnished by Applicant,said trenches are to be dug,located,and backfilled in accordance with the Construction Plan and Specifications.If buried cable is to be placed by GTE,all trenches shall be of constant depth and clear and free of debris at the time GTE places the cable. b. The Construction Plan or a separate letter shall specify which party is to furnish and which party is to install any required supporting structures including manholes,vaults, pull boxes,terminal cabinets or conduit, and the type,size, locations,and applicable specifications for installation in accordance with Rule No.34. 3.All work required of Applicant shall be subject to the inspection and satisfaction of GTE.Applicant agrees that before any work in connection with this agree- ment is commenced,GTE shall be notified sufficiently in advance so that GTE shall have the opportunity to ha-e a representative present at any stage of the work.Applicant further agrees that no backfilling or tamping of trenches shall be performed unless a representative of GTE is present during the entire operation,or unless GTE shall other- wise give its prior consent.GTE agrees to notify Applicant within a reasonable time that a representative of GTE will be present or that GTE consents to the Applicant proceed- ing without such representative.Failure of GTE to make the preceding notification shall be deemed to be GTE's consent to the Applicant proceeding without such representa- tive.The failure of GTE to inspect said work or to have a representative present during various phases of the work,shall not relieve Applicant of its responsibility to perform said work in accordance with GTE's Construction Plan and Specifications. 4.Applicant shall indemnify and hold GTE harmless from any and all liability, loss,damage,or claims of any kind arising out of or resulting from any negli- gence of Applicant,or its contractors and subcontractors in connection with or related to the furnishing of materials or the performance of the work contracted for herein, or violations of this agreement by Applicant.This indemnify shall commence on the date this agreement is signed by both parties and shall continue in force for a period of six- teen(16)months thereafter,provided that the Applicant commences work within three (3)months af'er the agreement is signed by both parties.In the event the Applicant fails to commence work within the preceding time period,this agreement shall be null and void and o`nc.form c'i affs:t. S.Applicant shall advise and inform all persons performing excavation or other worft upon the=t"rthjert real property,or any part thereof,of the grade and loca- tion of GTE's facilities during such time as the Applicant has title,possession or control of the real property or such part thereof.This duty shall cease as to those portions of the real property which the Applicant has relinquished title,possession or control. 6.It is distinctly and particularly understood and agreed between the parties hereto,that Applicant is acting on his own behalf in performing,or causing to be performed,said work required of Applicant pursuant to this agreement.and that GTE is in no way associated or otherwise connected with the actual performance of the work or with the employment of labor or the incurring of other expenses.It is further understood and agreed,subject only to the conditions set forth herein,that Applicant shall have the sole control of the manner and means in performing this agreement. 7.Notwithstanding anything to the contrary in this agreement,Applicant agrees to reimburse GTE for GTE's full cost of relocating,rearranging and/or repairing its facilities when any or all of the foregoing is necessary and caused by Applicant changing established final grades or the locations set forth in the Consultation Plan and/or Specifications.Applicant understands that any significant change in the final grades of the location of GTE's facilities may necessitate relocation and rearrangement of GTE's facilities,or the foregoing may cause damage to GTE's facilities. 8.Applicant shall comply with all laws,ordinances,rules and regulations including,but not limited to,all applicable safety standards and rules. 9.Applicant agrees to provide GTE with a Bill of Sale for all conduit,manholes,pull boxes and other supporting structures,excluding underground supporting structures for separate service connections on private property to be served in accordance with Rule No.34. 10.In such instances as GTE shall have made a determination that said tract does not satisfy the density requirement for a subdivision, the Supplement attached hereto and made a part hereof,shall specify those specific provisions relative to the advance payment and refund requirements of Part A.3.d of rule No.34. 11.Nothing within this agreement shall be construed as limiting or modifying Rule No.34 or any other tariffs of GTE's on file with the California Public Utilities Commission.Nothing in the agreement shall be construed as limiting or in any way waiving or affecting the right of GTE to collect from the Applicant any other or additional sum of money which may become due and payable to GTE from applicant by reason of services furnished or to be furnished hereunder. GTE CAL ORNIA I ORPO TED Dated: 06/18/97 By: .tint (J. DOUGLASS) Title DESIGNS — ACCESS DESIGN W.O. # 0547-3P001NB V APPLICANT: Dated: By: By:: Title: Right-of-Way Secured ,19 Right-of-Way W.O. I _ _ GTE California Incorporat TRENCHING AND CONDUIT SPECIFICATIONS FOR DEVELOPERS FORM CA 1 199 REF AD900 705 I. NOTIFICATION A. Start of Work • 1. The sole point of contact for placement of cable notification to GTE California is JOHN DURBIN at telephone number 760/864-1717 .Developer will give GTE California twenty work days notification ip, dvance of the start of trenching,excluding weekends and holidays,for material ordering.When the trench is ready for telephone facilities, IV A working days notice will be given GTE California for scheduling of manpower. •• • 2. In the event of phased trenching, N/A working days notification will be necessary for each phase of trenching.When the trench is ready for • telephone facilities N/A ,working days notice will be given GTE California for scheduling purposes. 3. In the event that the trench is in fact not ready for occupancy or is not in accordance with the construction plans and specification attached (Exhibit 1A), rescheduling delays may result. The developer will re-schedule through the above named party in subsection 1, and will be responsible for having trenches open at the rescheduled date. B. Inspection 1. To permit inspection of conduit installed by the developer, notify telephone company inspector at least 24 hours prior to backfilling of trench. Telephone number 760/342-0508 II. MATERIALS • A. Types of Conduit 1. CA(heavy-wall)cement conduit,known commercially as transite CA Telephone Duct.(All sizes) 2. ABS(Acrylonitrile Butadiene Syrene)plastic,in accordance with GTE Specification No.GT-0..(372"—4") 3. PVC(Polyvinyl Chloride)plastic,in accordance with GTE Specification No.GT Cf.(31h"—4") 4. ABS or PVC in sizes of less than 31h"shall conform to Western Underground Committee Model Specification#3.1. B. Manhole Identification 1. To comply with General Order No.128 of the State of California Public Utilities Commission,all manhole and pull box covers(whether steel or cement type)must be marked"GTE"in 2 inch high letters centered on the cover.Handhole covers may be marked"General Telephone"with smaller letters.This identification marking must be requested on all covers at the time they are ordered from manufacturer. III. CONSTRUCTION REQUIREMENTS A. General 1. The construction requirements contained herein are in addition to those shown on construction drawings. 2. GTE California reserves the right to refuse to place its facilities until lot lines and grades are clearly defined and identified. B. Open Trench 1. GTE California requires a minimum of N/A linear feet of open and clear trench for each scheduled working day for the placement of cable by telephone construction crews. C. Splice Pits 1. In the event that the identified splicing pits on the attached construction plans are backfilled prior to the completion by GTE California the developer will be responsible for re-opening of the pits. D. Duct Seals • 1. All ducts stubbed out in trench must be sealed with plastic caps or plastic plugs. E. Clearance 1. Non-Power Facilities a. Separation from foreign structures such as gas,water,and other non-power facilities shall be as follows: (i) Parallel:Twelve inches of well-tamped earth or three inches of concrete. (ii) Crossing:Six inches of well-tamped earth or three inches of concrete. b. Separation from CATV shall be random separation in same trench,or 6"at crossings. 2. Power Facilities a. Separation from power cable in excess of 300 volts,buried or in conduit,either crossing or paralleling,shall be at least twelve inches of well- tamped earth or three inches of concrete.Partial backfill must be completed before trench is"ready"for telephone cable. b. Where voltages in power conductors do not exceed 300 volts to ground, telephone facilities may be placed with random separation from power company cables in the same trench or 6"separation when crossing. —Over— GTE _COPV F S':.12,005958(t o-95) C CALIFORNIA INCORPOR4 D L,URIED COMMUNICATION AGREEMEN PALM DESERT REDELOPMENT AGENCY ,a corporation Whereas, ,a partnership an individual is the owner or authorized agent of the owner,hereinafter referred to as"Applicant'of certain land known as DESERT WILLOW GOLF COURSE , in the City of PALM DESERT ,County of RIVERSIDE ,in the State of California;and, WHEREAS, Applicant desires or is required to have underground communication facilities placed in said land in accordance with and subject to the Tariff Schedules of GTE California Incorporated (hereinafter referred to as "GTE') which Tariff Schedules include, but are not limited to, Rule No. 34;and, THEREFORE,IT IS AGREED AS FOLLOWS: 1.Applicant agrees to execute and deliver to GTE,without cost,adequate easements for communication purposes on GTE's standard right-of-way document, said easements to be generally along the areas delineated in GTE's Construction Plan attached hereto and made a part hereof.GTE agrees to prepare the necessary right-of- way document for Applicant's signature. 2.Upon the granting of said easements,Applicant shall,within a reasonable time after requested by GTE,perform the work required of it at its expense as set forth in the Construction Plan in accordance with Rule No.34.If matenals are furnished by GTE,Applicant shall use all reasonable precautions to safeguard GTE's matenals. In furnishing said materials or performing said work.Applicant shall comply with all the terms and conditions of this agreement including the Construction Plan and Specifications,further including,but not limited to,the following special conditions applicable to the specific types of work or materials: a. If trenches are required to be furnished by Applicant,said trenches are to be dug,located,and badcfilled in accordance with the Construction Plan and Specifications.If buried cable is to be placed by GTE,all trenches shall be of constant depth and clear and free of debris at the time GTE places the cable. b. The Construction Plan or a separate letter shall specify which party is to furnish and which party is to install any required supporting structures including manholes,vaults, pull boxes,terminal cabinets or conduit, and the type,size, locations,and applicable specifications for installation in accordance with Rule No.34. 3.All work required of Applicant shall be subject to the inspection and satisfaction of GTE.Applicant agrees that before any work in connection with this agree- ment is commenced,GTE shall be notified sufficiently in advance so that GTE shall have the opportunity to have a representative present at any stage of the work.Applicant further agrees that no backfilling or tamping of trenches shall be performed unless a representative of GTE is present during the entire operation,or unless GTE shall other- wise give its prior consent.GTE agrees to notify Applicant within a reasonable time that a representative of GTE will be present or that GTE consents to the Applicant proceed- ing without such representative.Failure of GTE to make the preceding notification shall be deemed to be GTE's consent to the Applicant proceeding without such representa- tive.The failure of GTE to inspect said work or to have a representative present during venous phases of the work,shall not relieve Applicant of its responsibility to perform said work in accordance with GTE's Construction Plan and Specifications. 4.Applicant shall indemnify and hold GTE harmless from any and all liability,loss,damage,or claims of any kind arising out of or resulting from any negli- gence of Applicant,or its contractors and subcontractors in connection with or related to the furnishing of materials or the performance of the work contracted for herein,or violations of this agreement by Applicant.This indemnify shall commence on the date this agreement is signed by both parties and shall continue in force for a period of six- teen(16)months thereafter,provided that the Applicant commences work within three (3)months after the agreement is signed by both parties.In the event the Applicant fails to commence work within the preceding time period,this agreement shall be null and void and of no force or effect. 5.Applicant shall advise and inform all persons performing excavation or other work upon the subject real property,or any part thereof,of the grade and loca- tion of GTE's facilities during such time as the Applicant has title,possession or control of the real property or such part thereof.This duty shall cease as to those portions of the real property which the Applicant has relinquished title,possession or control. 6.It is distinctly and particularly understood and agreed between the parties hereto,that Applicant is acting on his own behalf in performing,or causing to be performed,said work required of Applicant pursuant to this agreement,and that GTE is in no way associated or otherwise connected with the actual performance of the work or with the employment of labor or the incurring of other expenses.It is further understood and agreed,subject only to the conditions set forth herein,that Applicant shall have the sole control of the manner and means in performing this agreement. 7.Notwithstanding anything to the contrary in this agreement,Applicant agrees to reimburse GTE for GTE's full cost of relocating,rearranging and/or repairing its facilities when any or all of the foregoing is necessary and caused by Applicant changing established final grades or the locations set forth in the Consultation Plan and/or Specifications.Applicant understands that any significant change in the final grades of the location of GTE's facilities may necessitate relocation and rearrangement of GTE's facilities,or the foregoing may cause damage to GTE's facilities. 8.Applicant shall comply with all laws,ordinances,rules and regulations including,but not limited to,all applicable safety standards and rules. 9.Applicant agrees to provide GTE with a Bill of Sale for all conduit,manholes,pull boxes and other supporting structures,excluding underground supporting structures for separate service connections on private property to be served in accordance with Rule No.34. 10. In such instances as GTE shall have made a determination that said tract does not satisfy the density requirement for a subdivision,the Supplement attached hereto and made a part hereof,shall specify those specific provisions relative to the advance payment and refund requirements of Part A.3.d of rule No.34. 11.Nothing within this agreement shall be construed as limiting or modifying Rule No.34 or any other tariffs of GTE's on file with the California Public Utilities Commission.Nothing in the agreement shall be construed as limiting or in any way waiving or affecting the right of GTE to collect from the Applicant any other or additional sum of money which may become due and payable to GTE from applicant by reason of services furnished or to be furnished hereunder. GTE CA 'sRNIA I •(�ORPO ED Dated: 06/18/97 By: /, (J. DOUGLASS) DESIGNE - ACCESS DESIGN W.O. 0547-3POO1NB APPLICANT: Dated: By: By:: Title: Right-of-Way Secured ,19 Right-of-Way W.O. GTE California Incorporat TRENCHING AND CONDUIT SPECIFICATIONS FOR DEVELOPERS FORM CA 1199 REF AD900 705 NOTIFICATION A. Start of Work 1. The sole point of contact for placement of cable notification to GTE California is JOHN DURBIN at telephone number 760/778-864-1717 .Developer will give GTE California twenty work days notification ip, Vance of the start of trenching,excluding weekends and holidays,for material ordering.When the trench is ready for telephone facilities, N working days notice will be given GTE California for scheduling of manpower. 2. In the event of phased trenching, N/A working days notification will be necessary for each phase of trenching.When the trench is ready for telephone facilities N/A ,working days notice will be given GTE California for scheduling purposes. 3. In the event that the trench is in fact not ready for occupancy or is not in accordance with the construction plans and specification attached (Exhibit 1A), rescheduling delays may result. The developer will re-schedule through the above named party in subsection 1, and will be responsible for having trenches open at the rescheduled date. B. Inspection 1. To permit inspection of conduit installed by the developer, notify telephone company inspector at least 24 hours prior to backfilling of trench. Telephone number 760/342-0508 II. MATERIALS A. Types of Conduit 1. CA(heavy-wall)cement conduit,known commercially as transite CA Telephone Duct.(All sizes) 2. ABS(Acrylonitrile Butadiene Syrene)plastic,in accordance with GTE Specification No.GT'(31/2"—4") 3. PVC(Polyvinyl Chloride)plastic,in accordance with GTE Specification No.GTA.(31/2"—4") 4. ABS or PVC in sizes of less than 31/2"shall conform to Western Underground Committee Model Specification#3.1. B. Manhole Identification 1. To comply with General Order No.128 of the State of California Public Utilities Commission,all manhole and pull box covers(whether steel or cement type)must be marked"GTE"in 2 inch high letters centered on the cover.Handhole covers may be marked"General Telephone"with smaller letters.This identification marking must be requested on all covers at the time they are ordered from manufacturer. III. CONSTRUCTION REQUIREMENTS A. General 1. The construction requirements contained herein are in addition to those shown on construction drawings. 2. GTE California reserves the right to refuse to place its facilities until lot lines and grades are clearly defined and identified. B. Open Trench 1. GTE California requires a minimum of N/A linear feet of open and clear trench for each scheduled working day for the placement of cable by telephone construction crews. C. Splice Pits 1. In the event that the identified splicing pits on the attached construction plans are backfiiled prior to the completion by GTE California the developer will be responsible for re-opening of the pits. D. Duct Seals • 1. All ducts stubbed out in trench must be sealed with plastic caps or plastic plugs. E. Clearance 1. Non-Power Facilities a. Separation from foreign structures such as gas,water,and other non-power facilities shall be as follows: (i) Parallel:Twelve inches of well-tamped earth or three inches of concrete. (ii) Crossing:Six inches of well-tamped earth or three inches of concrete. b. Separation from CAN shall be random separation in same trench,or 6"at crossings. 2. Power Facilities a. Separation from power cable in excess of 300 volts,buried or in conduit,either crossing or paralleling,shall be at least twelve inches of well- tamped earth or three inches of concrete.Partial backfill must be completed before trench is"ready"for telephone cable. b. Where voltages in power conductors do not exceed 300 volts to ground,telephone facilities may be placed with random separation from power company cables in the same trench or 6"separation when crossing. —Over— • DEVELOPER'S COPt FORM 90005958(10-95) IIIPCALIFORNIA INCORPOR URIED COMMUNICATION AGREEMEN-r . . a corporation whereas, PALM DESERT REDEVELOPMENT AGENCY apartnership DESERT WILLOW GOLF COURSE'anindividual is the owner or authorized agent of the owner,hereinafter referred to as Applicant,'of certain land known as in the City of PALM DESERT ,County of RIVERSIDE ,in the State of California;and, WHEREAS, Applicant desires or is required to have underground communication facilities placed in said land in accordance with and subject to the Tariff Schedules of GTE California Incorporated (hereinafter referred to as"GTE') which Tariff Schedules include, but are not limited to, Rule No. 34;and, THEREFORE,IT IS AGREED AS FOLLOWS: 1.Applicant agrees to execute and deliver to GTE,without cost,adequate easements for communication purposes on GTE's standard right-of-way document, said easements to be generally along the areas delineated in GTE's Construction Plan attached hereto and made a part hereof.GTE agrees to prepare the necessary right-of- way document for Applicant's signature. 2.Upon the granting of said easements,Applicant shall,within a reasonable time after requested by GTE,perform the work required of it at its expense as set forth in the Construction Plan in accordance with Rule No.34.If materials are furnished by GTE.Applicant shall use all reasonable precautions to safeguard GTE's materials. In furnishing said materials or performing said work.Applicant shall comply with all the terms and conditions of this agreement including the Construction Plan and Specifications,further including,but not limited to.the following special conditions applicable to the specific types of work or materials: a. If trenches are required to be furnished by Applicant,said trenches are to be dug,located, and backfilled in accordance with the Construction Plan and Specifications.If buried cable is to be placed by GTE,all trenches shall be of constant depth and clear and free of debris at the time GTE places the cable. b. The Construction Plan or a separate letter shall specify which party is to furnish and which party is to install any required supporting structures including manholes,vaults, pull boxes,terminal cabinets or conduit,and the type,size, locations,and applicable specifications for installation in accordance with Rule No.34. 3.All work required of Applicant shall be subject to the inspection and satisfaction of GTE.Applicant agrees that before any work in connection with this agree- ment is commenced.GTE shall be notified sufficiently in advance so that GTE shall have the opportunity to have a representative present at any stage of the work.Applicant further agrees that no backfilling or tamping of trenches shall be performed unless a representative of GTE is present during the entire operation,or unless GTE shall other- wise give its prior consent.GTE agrees to notify Applicant within a reasonable time that a representative of GTE will be present or that GTE consents to the Applicant proceed- ing without such representative.Failure of GTE to make the preceding notification shall be deemed to be GTE's consent to the Applicant proceeding without such representa- tive.The failure of GTE to inspect said work or to have a representative present during various phases of the work,shall not relieve Applicant of its responsibility to perform said work in accordance with GTE's Construction Plan and Specifications. 4.Applicant shall indemnify and hold GTE harmless from any and all liability,loss,damage,or dams of any kind arising out of or resulting from any negli- gence of Applicant.or its contractors and subcontractors in connection with or related to the furnishing of materials or the performance of the work contracted for herein, or violations of this agreement by Applicant.This indemnify shall commence on the date this agreement is signed by both parties and shall continue in force for a period of six- teen(16)months thereafter,provided that the Applicant commences work within three (3)months after the agreement is signed by both parties.In the event the Applicant fails to commence work within the preceding time period,this agreement shall be null and void and of no force or effect. 5.Applicant shall advise and inform all persons performing excavation or other work upon the subject real property,or any part thereof,of the grade and loca- tion of GTE's facilities during such time as the Applicant has title,possession or control of the real property or such part thereof.This duty shall cease as to those portions of the real property which the Applicant has relinquished title,possession or control. 6.It is distinctly and particularly understood and agreed between the parties hereto,that Applicant is acting on his own behalf in performing,or causing to be performed,said work required of Applicant pursuant to this agreement,and that GTE is in no way associated or otherwise connected with the actual performance of the work or with the employment of labor or the incurring of other expenses.It is further understood and agreed,subject only to the conditions set forth herein,that Applicant shall have the sole control of the manner and means in performing this agreement. 7.Notwithstanding anything to the contrary in this agreement,Applicant agrees to reimburse GTE for GTE's full cost of relocating,rearranging and/or repairing its facilities when any or all of the foregoing is neceq-cRry and caused by Applicant changing established final grades or the locations set forth in the Consultation Plan and/or Specifications.Applicant understands that any significant change in the final grades of the location of GTE's facilities may necessitate relocation and rearrangement of GTE's facilities,or the foregoing may cause damage to GTE's facilities. 8.Applicant shall comply with all laws,ordinances,rules and regulations including,but not limited to,all applicable safety standards and rules. 9.Applicant agrees to provide GTE with a Bill of Sale for all conduit,manholes,pull boxes and other supporting structures,excluding underground supporting structures for separate service connections on private property to be served in accordance with Rule No.34. 10. In such instances as GTE shall have made a determination that said tract does not satisfy the density requirement for a subdivision, the Supplement attached hereto and made a part hereof,shall specify those specific provisions relative to the advance payment and refund requirements of Part A.3.d of rule No.34. 11.Nothing within this agreement shall be construed as limiting or modifying Rule No.34 or any other tariffs of GTE's on file with the California Public Utilities Commission.Nothing in the agreement shall be construed as limiting or in any way waiving or affecting the right of GTE to collect from the Applicant any other or additional sum of money which may become due and payable to GTE from applicant by reason of services furnished or to be furnished hereunder. GTE CA FORNI NCORP TED Dated: 06/18/97 By: 44,/h 11.1 (J. DOUGLASS) Ti : DESIGNS - ACCESS DESIGN W.O. # 0547-3POO1NB APPLICANT: Dated: By: By:: Title: Right-of-Way Secured ,19 Right-of-Way W.O. • GTE California Incorpora TRENCHING AND CONDUIT SPECIFICATIONS FOR DEVELOPERS °^.M CA 1199 REF AD900 705 I. NOTIFICATION A. Start of Work • 1. The sole point of contact for placement of cable notification to GTE California is JOHN DURBIN at telephone number 760/864-1 7 17 .Developer will give GTE California twenty work days notification in Adyvnce of the start of trenching,excluding weekends and holidays,for material ordering.When the trench is ready for telephone facilities, / working days notice will be given GTE California for scheduling of manpower. 2. In the event of phased trenching, N/A working days notification will be necessary for each phase of trenching.When the trench is ready for telephone facilities N/A ,working days notice will be given GTE California for scheduling purposes. 3. In the event that the trench is in fact not ready for occupancy or is not in accordance with the construction plans and specification attached (Exhibit 1A), rescheduling delays may result. The developer will re-schedule through the above named party in subsection 1, and will be responsible for having trenches open at the rescheduled date. B. Inspection 1. To permit inspection of conduit installed by the developer, notify telephone company inspector at least 24 hours prior to backfilling of trench. Telephone number Z60/342-050R II. MATERIALS A. Types of Conduit 1. CA(heavy-wall)cement conduit,known commercially as transite CA Telephone Duct.(All sizes) 2. ABS(Acrylonitrile Butadiene Syrene)plastic,in accordance with GTE Specification No.GT;80.(31/2"—4") 3. PVC(Polyvinyl Chloride)plastic,in accordance with GTE Specification No.GT (31/s"—4") 4. ABS or PVC in sizes of less than 31/2"shall conform to Western Underground Committee Model Specification#3.1. B. Manhole Identification 1. To comply with General Order No.128 of the State of California Public Utilities Commission,all manhole and pull box covers(whether steel or cement type)must be marked"GTE"in 2 inch high letters centered on the cover.Handhole covers may be marked"General Telephone"with smaller letters.This identification marking must be requested on all covers at the time they are ordered from manufacturer. III. CONSTRUCTION REQUIREMENTS A. General 1. The construction requirements contained herein are in addition to those shown on construction drawings. 2. GTE California reserves the right to refuse to place its facilities until lot lines and grades are clearly defined and identified. B. Open Trench 1. GTE California requires a minimum of N/A linear feet of open and clear trench for each scheduled working day for the placement of cable by telephone construction crews. C. Splice Pits 1. In the event that the identified splicing pits on the attached construction plans are backfilled prior to the completion by GTE California the developer will be responsible for re-opening of the pits. D. Duct Seals • 1. All ducts stubbed out in trench must be sealed with plastic caps or plastic plugs. E. Clearance 1. Non-Power Facilities a. Separation from foreign structures such as gas,water,and other non-power facilities shall be as follows: (i) Parallel:Twelve inches of well-tamped earth or three inches of concrete. (ii) Crossing:Six inches of well-tamped earth or three inches of concrete. b. Separation from CATV shall be random separation in same trench,or 6"at crossings. 2. Power Facilities a. Separation from power cable in excess of 300 volts,buried or in conduit,either crossing or paralleling,shall be at least twelve inches of well- tamped earth or three inches of concrete.Partial backfill must be completed before trench is"ready"for telephone cable. b. Where voltages in power conductors do not exceed 300 volts to ground,telephone facilities may be placed with random separation from power company cables in the same trench or 6"separation when crossing. —Over—