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TELEPHONE SERVICE PROVISION AGREEMENT (2) .'~'~:.,._L I , -." A G R E E MEN T STATE OF FLORIDA .eoUWI:~..OE. PINELLAS THIS AGREEMENT, made this /14- day of ~ 1952, authorized and executed by and on behalf of the CITY OF CLEARWATER, FL,QRIDA, a Municipal Corporation located in Pinellas County, Florida, by its duly authorized officers, the said Municipality being herein- after 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 Tampa, Hillsborough County, Florida, hereinafter referred to as the "TELEPHONE COMPANY", WITNESSETH that: WiBREAS, 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, and WHEREAS, the City and the Telephone Company desire to clarify and determine c~Fta+p steps to be undertaken by and on be- half of the parties, to improve and assure beat possible telephone service to the patrons and customers of the said Telephone Company, located in the City of Clearwater, and, WHEREAS, the Telephone Company does by this solemn Agreement, assure the City of Clearwater that it will perform the necessary requirements herein stated as well as to continue during the life of the said franchise to make such additional installations ~~. .,{ ~ I I , propose and agree to provide additional facilities to the present operating facilities of the Telephone Company in the City of Clearwater, as follows: 1. The prompt addition of facilities to the present Central Office equipment, to terminate and switch 600 additional communication lines (capable of taking care of 1,500 installations under a normal average line load), and the associated cable plant, to install these lines in various sect10ns of the City of Clearwater requiring the said services and which additions will provide a reasonable anticipa- tion of the future needs in the said areas mentioned, and with em- phasis on the needs of Clearwater 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 Main Exchange, as will enable the said Telephone Company to house and maintain the neoessary Central Office equipment to take care of the additional terminals 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 con- struction is required because of remoteness from developed areas of not more than 25 orders. That the said installat10ns referred to in this paragraph shall be completed and in use on or before the First Day of March, 1953, Bubject 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 commitment. 2. The Telephone Company will purchase and procure a proper site and erect a new building and Central Office installation, in- cluding the housing of the necessary Central Office equipment therein -2- -.:..-"" .4 !~ ~....-~'''' , I , .~ to meet the present demands and the demands of the continued growth of the City of Clearwater during the term of this franchise, a com- mercial office and a drive-in facility for the convenience of the public in transacting bU8iness with the Telephone Company on or be- fore September 1st, 1955, subject to the following conditions: I The City of Clearwater will assist the Telephone Company, but without cost to the City, in securing the proper loca- tion and necessary zoning provisions to permit the construction and installation above referred to. (a) . (b). That the new construction and new Exchange referred to will be completed in accord- ance with this Agreement unless interfer- ence with material delivery schedules because of War or a calamity in the nature of an Act of God or some other factor be- yond the control of the parties or either of them, renders it impossible to perform. 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 present building used by the Telephone Company as a Central Office. 3. The Telephone Company further agrees to carryon and c9mplete any and all necessary further installations to improve and extend its service on the Clearwater Exchange during the term of the franchise. The Telephone Company further agrees to make an invest- ment 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 customers in the Clearwater Exchange area, said report to be in the form of a copy of the Annual ~ -".....,'\.-":'.~c-,..-'_:'f''''.': _"" , " Report to the Company's stoolCholders, a list of back orders for tele- phone .service in the Clearwater area including the names and addresses of the applicants therefor, and said report to include the number -3- .... ~ _ .1. ,. ~ ~._~"., .. ........ ".,. I I .. " ~.J.-' . WITNESS OUR HANDS AND SEALS at Clearwater, Florida, on this the date fi~t above written. .-- anager ~ Countersigned: 13Y7~~ C PENINSULAR TELEPHONE COMPANY, INC. BY ,n - - ~ ~. .. . - ~;:f~ -.