HomeMy WebLinkAboutCenturyLink Easement Review Agreement (IA-AFN 1991-00012726) - 8.7.2023July 24, 2023
Re: Easement Review — Parcel 891332476022, Black Hawk County, IA- AFN 1991-00012726
To Whom it May Concern:
Thank you for contacting CenturyLink ("CenturyLink") regarding the above referenced Easement
Review ("Easement Review") to review and assess the status of our telecommunications facilities
("Facilities") and or interest in Parcel 891332476022, Black Hawk County, IA ("Property"). The parties
hereto acknowledge that CenturyLink holds a valid easement over the Property.
This letter agreement ("Agreement") memorializes the relationship between the parties and
defines the terms by which Requestor ("Requestor") shall remit payment to CenturyLink for the Easement
Review.
1. Scope of Work: The Easement Review shall consist of the following if applicable:
a. Assessment of Property and CenturyLink interest.
b. Description of current Facilities located at Property.
c. Approximate cost of relocation of Facilities.
d. Proposals, if any, to align the interests of CenturyLink and Requestor.
2. Term: The Easement Review shall commence upon receipt of the countersigned Easement
Review letter and Easement Review Fee. If the Fee is not received within thirty days of this
letter, the request will be considered closed.
3. Fee: The parties agree that the fee for the Easement Review is $1500 ("Fee"). Requestor
shall make an upfront payment of the Fee to CenturyLink as follows: by check, Sent to
CenturyLink C/O ROW 1025 Eldorado Blvd, Broomfield, CO 80021. Please reference
P850305 on the check.
4. Enforcement. Neither this Agreement, nor any of its terms, nor any negotiations or other
communications related thereto, shall be offered as evidence by any persons or received into
evidence in any forum for any purpose other than the enforcement and/or implementation of
the terms of this Agreement.
5. Governing Law. This Agreement shall be governed by and construed in accordance with, the
laws of the State of Colorado, United States of America, without reference to conflict of laws
principles.
6. Drafting. The drafting and negotiation of this Agreement has been participated in by all of
the parties and their counsel, and for all purposes this Agreement shall be deemed to have
been drafted jointly by each of the parties. The parties agree that no presumption shall be
made or asserted by or against either party as a result of document preparation.
7. Confidentiality. The parties and their respective agents and attorneys expressly agree that the
existence and terms of this Agreement are confidential. The parties agree not to discuss,
mention or refer to the matters contained herein, or to any related matters with any third party
without the prior written consent of the other party. Notwithstanding, the parties may provide
confidential information to third parties to the extent necessary to file tax returns, obtain legal
and accounting advice, or to otherwise carry on their respective financial affairs.
8. Contractual Nature of Agreement. It is expressly understood and agreed by the parties that
all agreements and understandings between them are embodied in this Agreement, and that
this Agreement is contractual in nature, and is not a mere recital.
9. Severability. If any provision of this Agreement or the application thereof to any person or
circumstance shall, for any reason, and to any extent be deemed invalid or unenforceable, the
remainder of this Agreement and the application of other provisions shall not be affected
thereby, but rather shall be enforced to the greatest extent permitted by law.
10. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties
hereto and each of their respective successors, assigns or heirs.
11. Effectiveness. This Agreement shall become effective immediately upon execution by the
parties.
12. Entire Agreement. This Agreement sets forth the entire agreement between the parties with
respect to the subject matter hereof. All negotiations relative to the matters contemplated by
this Agreement are merged herein and there are no other understandings or agreements
relating to the matters and things herein set forth, other than those incorporated in this
Agreement. No provision of this Agreement shall be altered, amended, revoked or waived,
except by an instrument in writing executed by authorized representatives of all parties
hereto.
Please indicate your acceptance and agreement to the foregoing terms by signing below and
returning an executed copy of this Agreement to me.
Sincerely,
CenturyLink Right of Way Team
The foregoing terms of the Letter Agreement between CenturyLink and Requestor are hereby
acknowledged and accepted by Requestor.
Requestor
By: Quert to 9- zrE
Name: Quentin Hart
°sicNio,
Title: Mayor of Waterloo, IA
Date: 8/7/2023
Cc: NRE.Easements@centurylink.com