FACILITIES AGREEMENT
<.
J
I
FACILITIES AGREEMENT
THIS FACILITIES AGREEMENT made as of the 1st
day of
February
, 1971-, between GENERAL TELEPHONE COWJ'ANY 0 F
FLORIDA, hereinafter referred to as the "Company, " a corporation of the
State of Florida, having its principal office at 610 Morgan Street, Tampa,
Florida, and the CITY OF CLEARWATER, hereinafter referred to as the
II City, 11 a municipal corporation of the State of florida, having its principal
office at City Hall, Clearwater, Florida.
WHEREAS, the parties hereto in some instances are presently using,
and in the future desire and propose to use, the facilities of each other as
follows:
1. The placement of the City facilities in a joint trench with
the Company.
2. The attachment of the City facilities to poles of the Com-
pany or of the Company facilities to poles of the City.
3. The placement of the City facilities in the Company cable
ducts; and
'WHEREAS, the Company is willing to permit, to the extent it may law-
fully do so, the use of its trenches, poles and cable ducts to accorrunodate the
City facilities where, in its judgment, such use will not interfere with its own
service requirements or, as it may be advised, the service requirements of
other joint users, including considerations of economy and safety; provided,
however, that access by the City to the underground facilities of the Company
shall be only upon the prior approval of the Company; and provided that, once
installed, the facilities will not be removed or relocated without sufficient
notification to the City, with due regard to the City's obligation to provide con-
tinued service.
WHEREAS, the City is willing to permit, to the extent it may lawfully
do
so,
the use of its poles to acconunodate the
Company facilities where, in
) - ~~-r> d'&) (J 1 C'" )~
I-i.!f~, -c./ "~f:;.,,
I-J/7,<<..zj ,~;~):~ './' o-
f C"-';~:J ~ ,;....,
/1
/ :>/=j ~>, (' ..'? i..
( .3-2--71
G- ~--
1'--
i//~j C'(j,
..~'-
I
/
(\
I
J
its judgment, such use will not interfere with its own service requirements
or, as it may be advised, the service requirements of other joint users,
including considerations of economy and safety,
NOW, THEREFORE, in consideration of mutual covenants, terms and
conditions contained herein, the parties hereto mutually covenant and agree
as follows:
1. a. During the life of this Agreement, the Company shall give the
City at least three (3) weeks' prior notification, through each of the following
department heads: Director of Public Works, Attention: Traffic Engineer;
Fire Chief and Police Chief, each and every time the Company intends to open
a trench for the installation of cables or conduits within the city limits 0 f the
City, as said limits now are fixed or may be fixed in the future.
b. Upon said notification, the City may, within one week, notify
the Company that it desires to place cables or conduits in such trench. The
Company shall thereupon determine the cost of making such placement and shall
so inform the City. The City shall review this cost and notify the Company of its
acceptance or rejection prior to the date set for the commencement of the work.
The City may elect to install the cable or conduit with its own forces. The
ownership of any cables or conduits installed for or by the City shall be and re-
main with the City.
c. Thereafter, the City shall have the right to maintain said cable
or conduits and, upon prior reasonable notification to the Company, shall have
access at all proper times to the trenches, manholes, or other openings of the
Company for such purpose. The Company may provide, without cost to the
City, its representative to be present during the time the City is in the act of
such maintenance.
d. The Company shall charge the City no rental for use of trenches
as contemplated herein.
2, Application for pole attachInents, the removal thereof and the use
of cable ducts is to be made u,sing the appropriate forms designated as Exhibits
A, B, and C, which are attached hereto and made a part hereof.
-2-
, '
J
I
3, Since it has been determined that joint use is taking place upon
an approximate equal number of City and Company poles, no charge shall be
imposed by either party of this Agreement for such use.
4. For the privilege of the City to place facilities in the cable ducts
of the Company, the City shall pay as annual rental to the Company the
fo llowing :
a. For cable duct space occupied as of June 1, 1977, the City
shall pay to the Company the sum of $. 025 per linear foot annually as rental
for such space pursuant to the inventory and schedule attached hereto as
Exhibit D and made a part hereof. In the event the City wishes to relinquish
any such space, the annual rental shall be reduced proportionately.
b. For additional cable duct space to be occupied after June 1,
1977, $.40 per linear foot on an annual basis.
5. All rental payments specified in 4 above are due annually in advance
on the first day of business of January of each year during the term of this
Agreement.
6. All work by either party shall be in accordance with the "National
Electrical Safety Code, " in its present form or as subsequently revised,
amended or superseded, and shall meet the Company standards and be per-
formed under the direction of its Area Engineering and Construction Manager,
at no cost to the City for such direction. It is agreed and understood that Com-
pany permission for the placement of City facilities in the Company trenches,
cable ducts, and on poles, shall be dependent upon availability of space, with
due regard to the Company's present and future requirements.
7, Failure on the part of either party to meet conunitments may result
in the forfeiture of rights to utilize a specific facility.
8. A party shall indemnify and hold harmless the other party from and
against any and all loss, claims, demand, damage, expense, suit or judgment
for death, personal injury or property damage, resulting from the sole negli-
gence of that party or its officers, agents or employees and occurring or
arising in the course of the joint occupancy of facilities as aforesaid.
-3-
J
J
9.. Any notice provided in this Agreement to be given by either party
to the other shall be deemed to have been duly given when made in writing and
deposited in the United State,s mail, postage prepaid, addressed as follows:
City of Clearwater
City Hall
Clearwater, TIorida 33516
General Telephone Company
of TIorida
1280 East Cleveland Street
Clearwater, TIorida 33517
10. This Agreement shall run concurrently with, and be part of, the
franchise agreement into which the parties have entered pursuant to Ordinance
No. 1873
, of the City, dated
February 1, 1979 and shall terminate
,
on the date of the expiration of said franchise agreement.
11. If anything contained in this Agreement conflicts with any 0 f the
terms and conditions of said 0 rdinance No.
1873
, it is understood and
agreed that the terms and conditions of the said Ordinance shall prevail, control,
and be paramount to this Agreement. '
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be ,duly executed a~ of the day and year first above written.
ATTEST:
Secretary
ATTEST:
C{~. Lu,
City Clerk
~
GENERAL TELEPHONE CO:MPANY
OF FLORIDA
(SEAL)
B#-/A'a;1a1dO
Vi re sident .
CITY OF CLEARWATER, FLORIDA
., ,/ / Cl~E~L)'
B~' / )
-4-
I
I
EXHIBIT A
No.
APPLICATION - POLE ATTACHMENTS
In accordance with the terms of the Facilities Agreement dated
, we hereby request pernlis sion to place and maintain
certain facilities upon certain poles, all as more particularly described and
delineated on the sketch and diagram attached hereto and made a part hereof.
SKETCH AND DIAGRAM
(Include data as to pole locations, pole numbers and kind and
position of equipment sufficient to describe the equipment and
its proposed location on each pole. Note whether rearrange-
ment and changes are required of either the owner's facilities
or other joint users r facilities.)
Dated:
,19_
Applicant
By
Pernlission is hereby granted to place the described equipment on the
identified poles, all as set forth in the sketch and diagram attached hereto,
subject to the terms and conditions of the above-mentioned Agreement and sub-
ject to paying the cost of the changes and rearrangements detailed on the attached
sheet, estimated to be $
. * Installation of said equipment
on said pole(s) shall be completed within
) days from the
date hereof, failing which, the permission hereby granted shall automatically
be revoked.
Dated:
,19_
* If none, so indicate.
Owner
By
Effective Date
J
J
EXHIBIT A
Page 2
No.
FOR OWNER I S USE ONLY
No. of Attachments
Total Contacts
to Date
No. Added by
This Permit
Total Contacts
Including This
Permit
I-
'.
J
I
EXHIBIT B
No,
NOTICE OF REMOVAL OF FACILITIES FROM POLES
In accordance with the terms of the Facilities Agreement dated
, you are hereby notified that on
we removed attachment to your poles, all as more particularly described and
delineated on the sketch and diagram appearing below and/or attached hereto
and made a part hereof.
Dated:
By
Removal verified,
By
FOR OWNER 1 S USE ONLY
Effective Date
Total Contacts
to Date
No. Removed by
This Notice
Total Contacts
Remaining
No. of Cable Attachments
...
,
I
EXHIBIT C
No.
APPLICATION - CABLE DUCTS
Applicant, CITY OF CLEARWATER, hereby requests permission from
GENERAL TELEPHONE COMPANY 0 F FLORIDA to use cable ducts which are
available, or can be made available, in accordance with the terms of the Facili-
ties Agreement dated
, to house equipment of the City
of Clearwater described and delineated in the sketch and diagram shown hereon or
attached hereto and made a part hereof.
SKETCH AND DIAGRAM
(Include data as to streets, private property, buildings, and
kind and position of facility sufficient to describe the facility
and its proposed location. Each application will be limited
to a continuous segment of cable and branches of combined
length not to exceed 2, 000 feet. )
Application signed by
Date
Title
-------------------------------------------------------------------------
General Telephone Company of TIorida hereby grants the City of Clear-
water permission to use the cable ducts as set forth in the sketch and diagram
of the City of Clearwater attached hereto. Permission is subject to the terms of
the above-mentioned agreement and subject to completion of equipment installa-
tions. This permit does not constitute a reservation of said ducts for a period
extending more than ninety (90) days beyond the permission-granted date.
Identify MH # - Pole #
Building Address
From To
Estimated Cost to City of
Clearwater
Duct No.
Distance Additions $
Rearrangements $
Installation $
Annual Rental $
Permission granted:
By
Date
Title
Total
r -
I
I
EXIDBIT C
Page 2
No.
General Telephone Company of TIorida is hereby authorized to make
the above-mentioned changes and rearrangements at the sole expense of the
City 0 f Clearwater, estimated to co st $
Date
By
Title
-------------------------------------------------------------------------
Notice is hereby given that equipment of the City of Clearwater was
placed in the conduit as authorized by this permit, and rental charges commenced
as of
Date
Signed
Date
Title
r
. L ,.. T'
.' '
I
I
EXHIBIT D
CABIE roC'IS - RENTAL FEES
(As of June I, 1977)
1. Number of duct feet used by City ........................ 23,203 feet
2. Nunber of' duct feet City and Telephone Canpany
j omtly us-:1.ng ........................................... 10,079, fee-t
Total.......... 33,282 feet
3. Occupied space is 33,282 feet at $.025 per foot..........$ 832.05