TELEPHONE SERVICE PROVISION AGREEMENT
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AGREEHENT
STATE OF FLORIDA
COUNTY OF PINELLAS
THIS AGREE1>1ENT, made this 17th day of
September
t 1952,
authorized md executed by md on behalf of the CITY OF CLEAIrvlATER, FLORIDA,
a Munici~-cbrpora't1on loeate1t~fCP!h~!!.Is--County, Flor:bia, ~it8-ciuly
authorized officers, the said Municipality being hereinafter referred to
as "CITY", and the PENINSULAR TELEPHONE COMPANY, a Corporation of Florida,
now organized, existing and doing business with its prinCipal office in the
City,of Timpa, Hillsborough County, Florida, herein-.tter referred to as the
"TELEPHONE CCll'-IP ANY", WITNESSETH that:
WHEREAS, the Telephone Company is engaged in negotiations for
a franchise to operate a telephone facility in the City of Clearwater for
a period of Thirty (30) Years, QIld
WHEREAS, the City and the Telephone Company desire to clarify
-.rId determine certain steps to be undertaken by and on behalf of the parties,
to improve and assure best possible telephone service to the patrons and
customers of the said Telephone Company, located in the City of Clearwater,
and,
WHEREAS, the Telephone Company do es by this solemn Agreement,
assure the City of Clearwater that it will perfonn the necessary requirements
herein stated as well as to continue during the life of the said franchise
to make such additional installations and improvements in the said telephone
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facility located in Clearwater as will assure the patrons and customers of
the Telephone Company in the City of Clearwater, service equally as gQod as
that rendered by the Telephone Company to its patrons and customers located
in any other area served by the said Telephone Company,
NOW THEREFORE, in consideration of the mutual promises and
C~venants of the parties and the additional consideration of $1.00 paid by
the Party of the Second Part, receipt of which is acknowledged by the Party
of the First Part, the said Telephone Company does hereby propose and agree
to provide additional facilities to the present operating facilities of the
Telephone Compmy in the City of Clearwater, as follows:
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1. The prompt addition of facilities to the present Central
Office equipnent, to tenninate and switch 600 additional comm1.Ulication lines
(capable of taking care of 1,500 installations 1.Ulder a normal average line
load), and the associated cable plant, to install these lines in various
sections of the City of Clearwater requiring the said services and which
ad..ditioruL ,'iiI], 'pm'lli~ ?-}.~q.~Cua.bl.~ R.nt1j C; paUQ;tl of th_e_~'U~~~e needs in the
said areas mentioned, and with emphasis on the needs of Clea~iater Beach
and the rapidly growing eastern section of the City of Clearwater.
The Telephone Company will make such necessary changes in the
building which the said Telephone Company now owns and maintains as the Hain
Exchange, as will enable the said Telephone Company to house and maintain
the necessary Central Office equipnent to take care of the additional termi-
nals and requirements enumerated immediately above, and which will assure
at the earliest moment the continuation of satisfactory service to the patrons
of the Telephone Company in the City of Clearwater.
It is further proposed that these additions will make service
available to all present waiting orders, as per list attached, in the City
of Clearwater, with possible exception where special construction is required
because of remoteness from developed areas of not more than 25 orders. That
the said installations referred to in this paragraph shall be completed and
in use on or before the First Day of Ma,rch, 1953, subject only to the effects
of War and Acts of God and any factors which are beyond the control of the
Telephone Company and which would render impossible the performance by the
Telephone Company of this camnitment.
2. The Telephone Company will purchase and procure a proper site
and erect a new building and Central Office installation, including the housing
of the necessary Central Office equipnent therein to meet the present danands
and the demands of the continued growth of the City of Clearwater during the
term of this franchise, a commercial office and a drive-in facility for the
convenience of the public in transacting business with the Telephone Company
on or before September 1st, 1955, subject to the following conditions:
(a). The City of Clearwater will assist the Telephone
Company, but without cost to C~./-,y, in securing the
proper location and necessary zoning provisions to
permit the construction and installation above re-
ferred to.
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(b) . '!bat the new construction and new Exchange referred
to will be completed in accordance with this Agreement
unless interference with material delivery schedules
because of War or a calamity in the nature of an Act
of God or some other factor beyond the control of
the parties or either of them, renders it impossible
to perfonn.
The new building to be erected hereunder shall be at least as
large as and shall contain at least as many square feet of area as the
preaent. bui-l.diftg..~.-b;-.the ~l.pA'" Q_~a..a__Central Office.
3. "The Telephone Company further agrees to carry on and com-
p1ete any and all necessary further installations to improve and extend its
service on the Clearwater Exchange during -the tem of the franchise. The
Telephone Company further agrees to make an investment of not less than One
Million Five Hundred Thousand ($1,500,000.00) Dollars in capital improvements
in the Clearwater Exchange area within the Five (5) Years next following the
execution of this Agreement. The provisions of this paragraph are subject
to conditions (a) and (b) of the foregoing Paragraph 2 hereof.
4. The Telephone Company further agrees to render to the City a
written report of the service to the custaners in the Clearwater Exchange
Area, said report to be in the form of a copy of the Annual Report to the
Company stockholders, a list of back orders for telephone services in the
Clearwater area including the names and addresses of the applicants therefor,
and said report to include the number only of back orders in other cities
served by the Telephone Canpany. Said report is to be rendered regularly
annually and such other time.or times during the period of this agreement
and the franchise as the reasonable needs of the City may require.
5. That in order to further assure the City of the performance
of the things to be done by the Telephone Company under the provisions above
set forth, the said Telephone Company will procure and deliver to the City
a good and sufficient Surety Bond, in the amount of $10,000.00, payable to
the City of Clearwater, and conditioned upon the faithtul performance of
the said matters and things herein set forth during the period beginning
with the date of this contract and ending September 1, 1955, which shall not
be a limiting factor on the rights of the City of Clearwater but supplemental
to all of the rights that the City may have, to require the perfonnance herein
set forth.
In consideration of the foregoing commitments and undertakings to
be made by the Telephone Canpany, the said City has prepared and will enact
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by Ordinance a franchise to the Telephone Company according to provisions
agreed upon between the Parties and therein contrined, to be effective at
an early date as is practical.
6. The tem of this Agreement shall be a period of Thirty (30)
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Years plus the amount of time which elapses between the signing of these
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presents and the effective date of the franchise Ordinance herein
cont emplated.
WITNESS OUR HANDS AND SEALS at Clearwater, Florida, on this the
date first above written.
/
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,
d Clerk
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~sioner
(SEAL)
PENmSULAR TELEPHONE COJ.fPANY, INC.
By.
President
1l1st. . [JJ
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H ~.A
- secre ary
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~(SEAL)
Approved as to form and correctness:
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City A to ey ./ /
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