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HomeMy WebLinkAboutAgr 1995-04-26 (Pacific Bell - ublic Phone)s PAY TELEPHONE LOCH ~)N AGREEMENT Date rr' This Agreement made by and between "Location Owner," and/or its assignee, hereinafter referred to as "The Company PUBLIC PHONE 1. The Location Business name Address 1155 Tiburon $lvd. City Tiburon Apri ?6, 1995 Zip 94920 2. "The Company" is engaged in the business of selling, installing, operating, and servicing pay telephone equipment. 3. The Location Owner by this Agreement, licenses and grants to the Company or its assignee, the exclusive right to install, operate, service, and maintain one or more pay telephones and associated equipment at the above location that is owned or leased by the Location Owner. Location Owner agrees to prohibit the installation of any other pay telephones for the term of this Agreement, to provide full public access to the telephone(s), to furnish, at its expense, 24 hour uninterrupted 110 volt AC electricity to point of contact on the telephones and associated equipment; however, Company will install at its cost, electric lines to provide electricity, and to appoint the Company or its assignee as its agent to deal with the local telephone company in all matters regarding existing public telephone equipment. The type of equipment to be installed at the location is a Coin Operated Public Telephone. 4. Location Owner is to receive a monthly commission according to the attached commission schedule. 5. This Agreement shall be for a term of five (5) years from the date of acceptance by the Company and unless canceled by written notice delivered prior to ninety (90) days before the expiration of the term by Location Owner or operator is deemed to be renewed for five (5) years without notice. A notice will be sent to the Location Owner 120 days prior to the expiration of this agreement. 6. The Location Owner is not liable for theft, vandalism, or destruction of pay telephone equipment. Location Owner agrees to promptly notify the Company in the event one or more pay telephones need repair, is vandalized or stolen and to permit only authorized agents of the Company to remove, open or replace the telephones: The Company or its assignee will maintain and service the pay telephones for the term of this Agreement. Otherwise this Agreement shall be binding and remain in force. 7. The Company agrees to maintain the phones, phone enclosures, phone wires and accessories in a fully operating manner at all times. Company will comply with applicable rules and regulations pertaining to customer owned pay telephones. The Company shall and will make. replacements, updates, modifications which are reasonably necessary, to the successful operation of the phone(s). 8. All phone equipment shall remain the property of the Company. Location Owner may terminate this agreement at any time by 30 days advance notice in the event the Company or its assignee 1) does not service or maintain the pay telephone(s) in working order within a reasonable time; 2) fails to service the pay telephone equipment or to timely remit Location Owner's share of the gross profits within any single sixty (60) day period, and Company will disconnect and remove its phone(s) within ten days of the termination date. Location Owner may exercise its right on termination at any time without prior notice, if, in Location Owner's sole opinion, the Company is not performing in accordance with the terms of this Agreement. Otherwise this Agreement shall be binding and remain in force. 9. If the gross profits, as calculated by the Company, do not meet the Company's revenue requirements, the Company may cancel this Agreement at any time after installation of the pay telephone. 10. The Company may, from time to time, increase or decrease the number of pay telephones at the location with the approval of Location Owner. The Company has the option to remove the pay telephone(s) in the event of excessive vandalism. 11. If the Location Owner sells the business at location address, this Agreement shall inure to the benefit of and be binding upon the new owners or successors, at no cost to either party. 12. Location Owner understands that the Company or its assignee will be making a substantial capital contribution for each pay telephone installed at the location. Any failure on the Location Owner's part to abide by the terms of the Agreement will constitute a breach of contract, thus causing the Location Owner or its assigns to be liable for any loss of revenue suffered by the Company or its assignee during the period of this Agreement, plus damages, legal fees, and other costs of enforcing this Agreement. In addition, the Company may specifically enforce this Agreement by injunctive or other equitable relief. The prevailing party shall be entitled to recover reasonable attorney's fees, costs and necessary disbursements in any dispute thereunder. 13. The Company may assign this Agreement in whole or part to any person or company without restriction. 14. This page _d he a the C Sched Les the entire Agreement and the Location Owner acknowledges the validity thereof. ation Owner Title Payphone Company Robert L. Kleinert, Town Manager Printed Name Robert L. Kleinert 415-435-7383 (Area Code) Telephone Number FED TAX I.D.# 94-1576861 Mail Address 1155 -Tiburon Blvd. state CA TOWN OF TIBURON ` Printed Name Company Representative PUBLIC PHONE LETTER OF AGENCY Dear Sirs: We have this date entered into a contractual agreement with Public Phone to act as our communi- cations representatives from , until further notice. Under the terms of this agreement, and by this letter, we do hereby authorize Public Phone to handle all negotiations for coin telephone service and equipment, and the issuance of orders for our coin telephone service at the following location(s): s~ I ~IJz_ l cft Proposed location: Northerly (exterior) wall between Planning Department entrance and corner oz building (Town Hall) This authorization does not preclude our ability to act in our own behalf when we deem it necessary. Your contact at Public Phone will be Eric Erdman, who can be reached at 415-892-9621. This agency letter revokes all previous agency letters on file with Pacific Bell or are predated to this letter of agency. This agreement cannot be canceled or revoked unless the vending company and the location owner or authorized party each sign a revocation letter. Sincerely, Signature Robert L. Kleinert, Manager Date: 4/26/95 Pay Phone Number(s) A ~ V I PUBLIC PHONE COMMISSION SCHEDULE Commission Paid on Gross Phone Income Includes Coin and Operator Assisted Calls *Gross Revenue/Phone/Month $ 0 - $200 $201 - $300 $301 - $400 $401 + Commission 20% 25% 30% 40% *Gross revenue includes all coin in box and long distance operator service provider (osp) revenue generated by the telephone(s) received epted/Own (Aer) 9&rt L. Kleinert, Town Manager Date 4/26/95