1989-26
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UWED TELE'PHONE COMPANY OF F8RIDA
Exclusive Pay Telephone Service and Lease Agreement
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':~GREEMENTmadethlsLdaYOf $~ __.19 KJ.
by and between éJ /TY CJ F 'CL~~OH I . . - (herein,
after called Lessor) atd United Telephone Company of Florida (hereinafter calíe..:,tessee)
WHEREAS, the Lessor and Lessee herein desire to enter Into an agreement fO~cluslve pay
telephone service. ~
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1. EXCLUSIVE PAY TELEPHONE SERVICE AND LEASE, Lessor hereby grants unto~psee the
exclusive right to InsJall and operate all pay telephones at the Lessor's place of buslnesslos.ated at
Sé?"- £)'C,,(/,6/.,..... A , and In fur1'herance
of such right, does hereby lease that location more specifically described on Exhibit' A ' ~¿;
attached hereto and made a part hereof ~
Additional paystatlons may be installed under the terms of this Agreement by adding the
locatlons(s) of the additional paystatlons(s). the effective date of the lease of that location, and
the termination date of the lease of that location, to the attached Exhibit "A" Additions to the
attached Exhibit "A" shall be confirmed by the signatures of the parties on the line or lines on
which the new location. effective date and termination date are added Additions to this Agree,
ment made on the attached Exhibit "A" shall be subject to all terms and conditions contained In
this Agreement.
NOW THEREFORE IT IS AGREED AS FOLLOWS:
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2 PAYMENT. In consideration of Lessor's granting of the exclusive right to provide Pay
Tele,ll/l9ne service and the leasing of said location, Lessee shall pay monthly, to the Lessor
-~ % of the total monthly revenue of the pay telephones installed on Lessor's premises
Should any of the pay telephones covered by this Exclusive Pay Telephone Service and Lease
Agreement be eligible for presubscription to an rnterexchange carrier, the commiSSions paid for
all pay telephones under this contract shall be /ð % of total local and IntraLATA toll traffic car-
ried by United Telephone Company of Florida The local and intraLATA toll commission structure --
shall become effective on the first day of the month In which the Interexchange carrier begins
providing presubscribed InterLATA toll serVice,
In the event the total local and intralata toll gross receipts of each pay telephone do not exceed
$100.00 per month. Lessee maintains the right to (1) remove the pay telephone equipment and
make this agreement null and void, or (2) provide a flat $500 monthly fee per pay telephone to
Lessor.
3 TERM. The term of this Agreement shall commence on dL, 19.E!i.-, and terminate upon the
termination date for the last location listed on the attached Exhibit "A"
4. LESSOR'S REPRESENTATIONS. Lessor hereby agrees as follows
a. During the duration of this Agreement Lessor shall not grant the right
to Install and operate pay telephone service on the premises described
herein to any other entity or Individual
b. Lessor shall reasonably notify Lessee of any malfunction or loss of pay
telephone service and shall allow Lessee access to lessor's place of
business during normal business hours for pay telephone repair, main-
tenance and collections.
c. Lessor shall exercise reasonable diligence In preventing damage or
destruction to the pay telephones Inst9,lIed per this Agreement. but
shall not be liable or responsible for suèh loss or destruction unless
intentionally done by Lessor, ItS agents or employees.
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F1303045 (page 1 of 3; (Rev 6/89)
DISTRIBUTIOÑ White - UTF
..Yel~ow - Customer
f1!nk - Consultant
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5 LESSEE'S REPRESeATIONS, Lessee hereby agrees thaesee shall be solely liable
and responsible for the costs and expenses of Installation, repalr,-malntenance and rental of
telephone lines and of the pay telephones Installed pursuant to this Agreement.
6. TERMINATION. In the event that this Agreement, except as provided In paragraph 2 abo~
is terminated for any public telephone by the Lessor within the minimum service period of 3 -
months, the Lessor. or its successors or assigns, agrees to pay Lessee, termination charges for
each public telephone equal to $10000 for each month service remaining on Contract.
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Further, upon termination of this Agreement, Lessor shall allow Lessee access to ItS place
of business for the purpose of removing said pay telephones and related equipment Notice of
termination IS required to be in writing,.~ days prior to the requested termination date
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7. LESSEE'S PROPERTY. The BP9telePhones Installed pursuant to this Agreement shall at all
times remain the sole and exh!.~lve property of the Lessee and nothing contained herein shall
be construed as granting Lesšòr any right or Interest in said pay telephones. If necessary,
Lessor shall assist and cooperate with Lessee In the execution of any document required to
demonstate Lessee's sole and undivided ownership of the pay telephone,
'8. NOTICES. Wllenever written notice I,S req~lred under ,thiS Ag~eement. it shall be s~nt to the
parties at the following addresses:
a If to Lessor' d;'y ¿J F d~Þ7O~~
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b, If to Lessee: United Telephone Company of Florida
Public Telephone Center/MC 4045
Box 5000
Altamonte Springs, FL' '42716-5000
9. OBLIGATIONS AND RIGHTS. The obligation and rights under this Agreement shall be
binding upon and Inure to the benefit of the parties hereto, their heirs, personal representatives.
successors or assigns
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed.
In duplicate, the date and year first above written
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,By: ,,:.>"\\, ~. ¿~;:';'
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Title: C/' ~ ~~<:""'~P~'~J>/
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Witnesses'
Lessee:
United Telephone Company of Florida
By.
Title:
CBR.
1 ~800,432~ 1111
F1303045 (page 2 of 3) (Rev 6/89)
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EXHIBIT "A"
TO
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EXCLUSIVE PAY TELEPHONE SERVICE AND LEASE AGREEMENT
DATED ...:s~/,f ' / ,19 Kf
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listing of Locations of Pay Telephone Service and
Their Effective Dates and Termination Dates
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EffEt9tte Termination
~ -bate Date
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Location Name
and Address
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Signatures
Lessor Lessee
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Additional locations shall be listed on pages attached to this Exhibit "An, which shall become
a part of thl~ Exhibit "An, ,'.
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The partie_s~to have executed thlÂ..~hlblt "An, the day of
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Witnesses:
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F1303045 (Page 3 of 3) (Rev 6/89ì
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Lessee:
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CRB:
1,800,432,1111
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