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Home My WebLink AboutContracts & Agreements_48-1988_CCv0001.pdf COPY California Incorporated PUBLIC COMMUNICATIONS PUBLIC TELEPHONE AGREEMENT ("Customer") (Cuswmer Business Name) and GTE CALIFORNIA INCORPORATED("GTE")agree as follows: INSTALLATION/ACCESS 1. Customer grants GTE permission to install and maintain public communications services C-K_5 U and related equipment("Services")at __4 M ("Premises"). 0 GTE shall have the right of access to the PlIezilises duringnormal business hours(including at least 8:00 Z a,m, through 5:00 p.m., Monday through Friday)for the purposes of inspecting, repairing, maintaining, i replacing and removing such Services and collecting coins therefrom. 2. If,for whatever reason other than accidental fire or natural disaster,Customer fails to provide GTE access to Services at the Premises for thirty(30)days after demand,Customer shall promptly pay GTE the replacement cost of GTE's said Services. 3. GTE and the Customer have agreed on the location of the Services.GTE will place signage,as it deems appropriate, directing individuals to the public telephone(s)at the Premises. Should Customer remodel the Premises in the vicinity of any Services, Customer shall give GTE 15 days notice before commencing work. GTE may move,remove,or take any other action with regard to the affected Services which it deems appropriate. 4. Where deemed necessary by GTE, GTE may, at its expense, install, or arrange to have installed,bumper posts andijor concrete pad(s)with anchor bolts in conjunction with the Services.Title to such installations shall vest in Customer. MAINTENANCE 5. ' GTE will provide a periodic cleaning of outdoor boothing facilities. The Customer will keep the vicinity unobstructed and clean.The Customer shall(a)provide, at Customer expense,uninterrupted electrical power to illuminate the boothing facilities and any lighted telephone sign(s),(b)report promptly to GTE repair service(611 and/or other such number as GTE may designate)the failure of the Services, destruction of or anv damage to the Services,or any condition which would make the Services unsafe or otherwise adverselyaffectthe use of the Services.In the case of unsafe conditions in or around the Services, the Customer shall immediately take all necessary and reasonable measures to protect the public, including,but not limited to,posting warnings and preventing access. ADVERTISING 6. GTE shall have the exclusive right to place advertising in or on the equipment and/or boothing facilities (including Customer-provided boothing or similar facilities). Customer shall keep such equip- ment, boothing and other property free from all other forms of advertising, stickers, notices and other foreign materials,including telephone directories,other than those provided by GTE. FORM 602264 1188) U S,- P C L INDEMNITY 7. Customer warrants that Premises are owned or leased by Customer and that Customer has the authority to enter into this agreement.The Customer shall notify GTE in writing,within two business days,if Customer relinquishes or otherwise loses this authority or vacates the Premises.Customer hereby agrees to release,defend and indemnify GTE from any loss,cost,damage,expense,or liability arising in connection with the performance of this agreement and caused in whole or in part by the lack of authority of Customer and/or by acts or omissions,negligent or other-wise,of Customer,regardless of the negligence of GTE or its agents or contractors,except when such loss,cost,damage,expense or liability is shown by court judgment to arise from the sole negligence or willful misconduct of GTE. 8. GTE shall not be liable to Customer, and Customer shall hold GTE harmless from any liability to others,for defacement or damages to the Services or to the Premises caused by vandalism. 9. If Customer supplies a booth or similar facility in which the Services will be installed and maintained, Customer shall hold harmless and indemnify GTE, its officers, directors, employees and agents ("GTE et al.")regarding all claims cf any sort whatsoever, no matter by whom made (including employees of Customer) or at what time made, arising out of such provision and/or maintenance by Customer of booth or other such facilities,regardless of the negligence of GTE et al.,excepting where the claimed injury or damage is shown by court judgment to arise from the sole negligence or -,��illful misconduct of GTE et al. 10. The above indemnity obligations include the duty to pay all costs and expenses of litigation including reasonable attorneys'fees. TERMINATION 11. This agreement maybe terminated by either party upon written notice to the other,given at least ninety(90)days prior to the desired effective termination date of this Agreement.Customer agrees to retain all GT public telephones covered by this Agreement for a minimum of years beginning and terminating. IZ16 PZ3. Within ninety(90)days after the effective termination date of this agreement,GTE will remove the Services and related signage.After such removal,GTE shall perform the following:(1)restore asphalt to match surrounding areas;(2)where pavement has been cut,use grout to fill the void;(3)use topsoil to fill the void in dirt or planters; (4)disconnect electric power at the Services, (5)remove conduits, boxes, fittings, etc., if exposed and presenting a safety hazard. After such removal,Customer shall promptly do all things necessary to make the former Services area safe. 12. Customer understands that considerable expenses are involved in installing,relocating and removing Services covered by this agreement,which expenses GTE would ordinarily recover over a period Of several years. in the event the Customer terminates this agreement, or causes the removal of any of the Services, pursuant to paragraph 11 above, effective on a date less than 12 months from the date of completion of the installation of all the Services,the Customer shall reimburse GTE for GTE's applicable pro rata Termination costs of installation, relocations, or removals as is further described in Exhibit A attached hereto and made a part hereof. GTE may, in its sole discretion, secure all or part of such reimbursement from any funds held by GTE which would otherwise be due Customer. 13. GTE reserves the right to, in its sole discretion,remove any of the Services covered by this agreement.If Services are removed at GTE's sole election,all expenses associated with the removal shall be borne solely by GTE. RIGHTS OF SERVICEIMODIFICATIONS 14. This agreement shall at all times be subject to such changes or modifications by the Public Utilities Commission of the State of California or the Federal Communications Commission as said Commissions may direct. FORM 602264 0-Wi —2— 15. The Customer grants GTE the exclusive right to provide any and all forms of Services at the Premises, and at all new locations purchased, leased or constructed by the Customer in GTE's operating territory during the term of this agreement. SEVERABILITY 16. If any provision of this Agreement is held invalid,unenforceable or void,the remainder of the Agreement shall not be affected thereby and shall continue in full force and effect. GOVERNING LAW 17, This Agreement shall be governed by and interpreted in accordance with the domestic laws of the State of California. COMMISSION PAYMENTS 18. a. 0 GTE will pay no commission to the Customer for the Services at the Premises. GTE will pay Customer percent of all U.S.coins collected for a period of 5' year(s)from the effective date of this Agreement. b. Commission checks will be mailed seven(7)weeks after the conclusion ofthe commission month. 19. All notices and payments shall be delivered to the parties at the below addresses or such other address as the parties may from time to time designate by written notice. GTE CUSTOMER GTE California Incorporated ��---��C�. PCOC Superintendent `7 45 3500 Willow Lane—RC 1261 GIM33 Thousand Oaks,California G-- Q a 3-74 913614921 A T-1 A FORM 602254 0,88) —3— 20. Telephone numbers initially subject to this agreement areas follows: -C 7 4) "'794-9W5 ENTIRE AGREEMENT;AMENDMENTS 21. This Agreement and any Attachments appended hereto constitute the entire understanding between the parties and supersede all prior understandings,oral or written representations,statements, negotiations,proposals and undertakings with respect to the subject matter hereof. 22. No amendment to this Agreement shall be valid except as it is in writing,refers specifically to this Agreement,recites that it is an amendment thereto,and is subscribed to by authorized representatives of the parties. GTE CALIFORNIA INCORPORATED CUSTOMER B 13 y Title Public COMM"c3ti2m Consultant Title -0 -7— /1/61/z Date Date FORM,602264(1-88) —4—