HomeMy WebLinkAboutR-1992-068 l'.
RESOLUTION NO. Ei8-92
A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING
AGREEMENT FOR PAYTELEPHONE INCOME BETWEEN THE CITY OF
DANIA AND ADTEC COMMUNICATIONS, INC. ; AND PROVIDING FOR
AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
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FLORIDA:
Section 1 . That that certain Agreement for Paytelephone
Income between the City of Dania and ADTEC Communications,
Inc. , a copy of which is attached hereto and made a part hereof as
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Exhibit "A" , be and the same is hereby approved and the
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appropriate city officials are hereby directed to execute same.
Section 2. That this resolution shall be in force and take
effect immediately upon its passage and adoption.
PASSED and ADOPTED this 12 day of MAY , 1992.
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j MAYOR- - 9 0MMISSIONER
ATTEST: �..'
'CITY CLERK - AUDITOR
APPROVED AS TO FORM AND CORRECTNESS:
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FRANK C. ADLER, City Attorney
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Resolution No. 62-92
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AGREEMENT FOR PAYTELEPHONE INCOME i
THIS AGREEMENT, made and entered into this day of
199 , by and between the CITY OF DANIA, a
municipal corporation organized under the laws of the State of
{ Florida, (hereinafter referred to as the "CITY" ) and ADTEC
l COMMUNICATIONS, INC. , a corporation organized and existing under
the laws of the State of Florida (hereinafter referred to as the
"COMPANY" ) .
W I T N E S S E T H
WHEREAS, the CITY desires to have income producing
paytelephones installed in appropriate places within the CITY
limits and the COMPANY is willing, at its own expense, to supply
and maintain such paytelephones in consideration of the right to
place such paytelephones thereon and derive revenue therefrom, from
which the CITY will be compensated by COMPANY on a per paytelephone
basis.
NOW, THEREFORE, in consideration of the premises and the
mutual covenants herein contained, it is hereby agreed as follows:
1 . Subsequent to receiving the CITY's written approval, the
COMPANY will install and maintain paytelephones adjacent to
existing CITY roadways and other designated CITY property located
within the CITY OF DANIA, as specified in the attached Schedule "A"
in or on all CITY property. The COMPANY' s paytelephones shall be
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installed within 6 months following the execution of this Agreement
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EXHIBIT "A"
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by both parties. Schedule "A" shall not be revised and/or updated
to reflect proposed installations of additional paytelephones t
and/or removal of paytelephones previously installed, if any
without the prior written approval of the Council of the CITY.
2. The absolute right of granting permission for � .
installation and removal of paytelephones shall remain with the
CITY.
3 . Specifications for paytelephones, and their installation
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shall include the following:
(a) If each paytelephone installed requires a Building
Permit in compliance with the CITY of DANIA, Code or Ordinance and
the South Florida Building Code it will be obtained.
(b) Installation of each paytelephone shall be in
accordance with all CITY and State statutes, ordinances, rules,
regulations and procedures. i:ak
(c) Installation shall be in accordance with all
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applicable building codes.
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4. Installation, maintenance, repairs, replacement and/or m °
removal shall be done by the COMPANY at no expense whatsoever to E-
f the CITY. The CITY shall have the right to require the COMPANY to
perform maintenance, repairs, and/or replacements of any of the
COMPANY' s equipment.
5. The COMPANY shall be solely responsible for the following
expenses with regard to the paytelephones listed on attached
Schedule "An
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(a) Costs of planning, building, materials, labor and
installation, all in full accordance with plans and specifications
II contained herein, of any and all paytelephones in or on CITY E
p property.
(b) All costs of installation and removal, including
restoration pursuant to Paragraph 13 herein.
(c) To inspect, clean, remove graffiti and other
deleterious material in and on the paytelephones on a monthly basis
pursuant to Paragraph 14 herein.
(d) To repair at COMPANY' s own expense all damages that
may arise to part or parts of the existing paytelephones within 48
hours after receiving proper notice from the CITY of the necessity
of repair.
(e) All repair/replacement parts shall be installed at
the highest quality of workmanship generally accepted in the
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industry.
6 . The paytelephone booths shall be aesthetically pleasing
to attract customers and shall require prior approval of the CITY.
Pay telephones shall be uniform in design throughout the CITY
jlimits. Any changes in design shall not be made without the prior f
II approval of the CITY. Advertising panels, if any, shall remain in
those areas specifically designed to accommodate the material.
7. The installation and location of the paytelephones shall
not interfere with underground water, sewer, telephone, electrical
and cable television lines. Paytelephones shall not be installed
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within thirty ( 30) feet of fire hydrants, sewer stations and pumps.
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Any deviation or exception from this provision must be approved by
the City.
8 . The CITY or its Agent shall have the right to market and
jinstall imprinted advertising on paytelephones and receive revenue
from sales of advertising.
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9. The CITY grants the COMPANY the nonexclusive right to
place paytelephones without advertising at specific locations in or
on CITY property and Rights-of-ways, when authorized by the CITY
for which the COMPANY obtains an easement, license, lease or Right-
of-Way, for a term of ten ( 10) years from date of execution of this
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Agreement.
10. The CITY expressly reserves the right to require the
COMPANY to submit written reports, plans and city locations in
advance with respect to proposed paytelephone locations in or on
CITY property and Rights-of-Way, and further reserves the right to
withhold its approval as to the installation of paytelephones at
!,I particular locations if the CITY determines that one or more of the
! locations are unsuitable.
11. The COMPANY shall retain sole and exclusive ownership of
the paytelephones erected pursuant to the provisions hereof, and i ,..
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agrees further that such paytelephones may be removed by the
COMPANY upon termination of this Agreement before the expiration
date; the right of removal is subject to the CITY requirement that
the COMPANY restore the sidewalks, walkways, curbs, or landscaping
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to the condition which existed prior to the installation of the
paytelephones. Nothing contained in this clause shall be construed
as, or interpreted as, creating an ownership interest by the
COMPANY with respect to sidewalks, walkways, or curbs or the real
property upon which the paytelephones are temporarily attached.
12. The COMPA14Y shall be solely responsible for the overall
condition and maintenance of each and every paytelephone. The
COMPANY shall be responsible to insure that each paytelephone is to
remain in good repair including regular cleaning, repairing or
replacement of all parts and wires, housings and protective glass.
The COMPANY shall effectuate and complete all repairs within one
week after the receipt of notification that paytelephones are in j
need of repair.
13 . The CITY shall remain the final determining agent for '
approving new installation and removal of paytelephones. The
COMPANY can remove any paytelephones which are installed and
included on Schedule "A" in effect during the term of this
Agreement without first obtaining the written consent from the f
CITY. It is also agreed that the COMPANY shall have the right to
remove paytelephones from a particular location(s) which is no 4 +-
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longer a roadway in use or if in the event the paytelephones have
been subject to excessive and continuous vandalism. The �-
"continuous vandalism" shall be defined as damages incurred over a -
twelve-month period from which repair costs in the period exceed
five hundred dollars.
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14 . The COMPANY shall at its sole expense, maintain the
following insurance:
(a) Windstorm, Fire and Extended Coverage Insurance:
COMPANY shall keep in force during the term hereon windstorm, fire
and extended coverage insurance in the amount of the replacement
value as to assure the repair and restoration of such paytelephones
in the event of accidents, natural catastrophes or excessive
vandalism. in lieu of insurance coverage, the CITY will review
,self-insurance" and/or other methods utilized for protection of
property. The insurance shall remain in force and reflect up-to-
date schedule of paytelephones and values. The CITY will provide
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police Accident Reports when requested to the COMPANY for auto, !
traffic, or other damages for those paytelephones listed on
attached Schedule "A" .
j (b) Public Liability Insurance: COMPANY shall provide
Commercial General Liability Insurance covering each and every
paytelephone, General Contractual Liability and Completed
Operations Liability and furnish the CITY with a Certificate of
Insurance naming the CITY as an additional named insured at the
following limits: I
Bodily Injury/Personal Injury - $1, 000, 000.00
Aggregate/occurrence - $1, 000,000.00
Property Damage - $
1 000,000.00
Combined single limit - $3, 000,000.00
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respect to proposed paytelephone locations, and further reserves
the right to withhold approval as to the installation of
paytelephones at certain locations, if the CITY determines at its
sole discretion that one or more locations are unsuitable.
17. It is to be understood that the CITY will not partake in
any phase of negotiations on site selection with respect to
installations on private property, with the exception of insuring
that all applicable municipal laws and regulations are adhered to.
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However, in lieu of the above, the CITY at its discretion, has the
right not to permit installation of paytelephones on private
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property.
= 18 . (a) The COMPANY shall have the right to cancel this � I
Agreement for just cause and remove all previously installed
paytelephones, restoring the site as described in this Agreement in
Item 16 . The COMPANY's just cause shall be expressly described in
a written notice of cancellation ninety (90 ) days prior to the
effective date. Just cause shall be limited to failure of the CITY
to abide by the terms of this Agreement and shall be addressed to
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the CITY Manager' s Office, CITY of DANIA.
(b) The CITY shall retain the right to cancel this
Agreement for just cause. Just cause shall be limited to financial
j insolvency of the COMPANY, and/or COMPANY' S failure to abide by the
terms of this Agreement. The CITY' s just cause shall be expressly
described in a written notice of cancellation, via Certified Mail,
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ninety (90 ) days prior to effective date, and shall be addressed I
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Telaleasing Enterprises, Inc.
Corporate Office
601 West Morgan Street
Post Office Box 727
{ Jacksonville, IL 62650
(c) Neither party shall attempt to terminate this
Agreement, whether by court action or otherwise, without first
providing written notification of violation hereof, together with
a demand that such violation be corrected.
19 . The COMPANY shall not be held in default of this f
Agreement if it is prevented from performing hereunder by `
conditions entirely beyond its control, such as, but not limited
to, acts of God, strikes, wars, riots, emergencies and other events
making performance impossible or illegal, or any other legal
impediment.
20 . All monies paid to the CITY shall be tendered in the
following manner for the ten ( 10 ) years of this Agreement:
(a) within thirty (30 ) days after the last day of the
month that each paytelephone is completely installed, the COMPANY
shall pay to the CITY the sum of twenty dollars ($20. 00) per
paytelephone Per month.
(b) All monies paid to the CITY shall be tendered in the
following manner starting in the sixth (6th) year of this Agreement
and ccntinuing through any renewals or extensions thereof.
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For the years six through ten the COMPANY shall pay
to the CITY thirty dollars ( $30 .00) per paytelephone per month.
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(c) The CITY reserves the right during the term of this
Agreement to have access at all normal business hours and upon
giving reasonable notice to review all accounting, financial data,
and service records relating to the paytelephones covered in this
i Agreement. ]
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21 . This Agreement shall become effective upon execution by
the palties hereto and shall remain in effect and full force for a
period of ten ( 10) years.
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(a) This Agreement shall be renewable for a period of
five ( 5 ) years or longer on terms, conditions and specifications
mutually agreeable to the COMPANY and the CITY.
(b) If the CITY deems it in its best interest not to
renew this Agreement with COMPANY after the ten ( 10) year period
has expired, it is mutually agreed that ownership of the
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paytelephones are removed within sixty (60) days of expiration of
this Agreement at no cost to the CITY and site returned to original
condition or at the CITY' s option the paytelephones may be sold to
the CITY at a mutually agreeable price. Upon transfer of '
ownership, COMPANY shall insure all the paytelephones are in good
condition and repair.
22. The CITY agrees not to charge the COMPANY for the cost of
any building permits for any paytelephones, installed, removed,
repaired, etc. within the CITY limits of the City of Dania.
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All permits from any other governmental agencies will be the sole
responsibility of the COMPANY.
23 . All notices furnished pursuant to this Agreement shall be
signed by the CITY Manager, Mayor, and City Clerk on behalf of the
CITY, and the President or other duly authorized officer on behalf
of the COMPANY, and shall be delivered or addressed to the CITY at
Post Office Box 1708 , Dania, Florida 33004, and to the COMPANY at
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ADTEC COMI4UNICATIONS, INC. or at such other place or places as may
be designated in writing by the parties.
24. In the event that the CITY incurs any costs, expenses or
attorney' s fees as a result of any breach, or threatened breach by
k2' COMPANY, whether suit is instituted or not, COMPANY shall reimburse
CITY for any costs, expenses or attorney' s fees incurred. Such
costs, expenses or attorney' s fees shall be payable within thirty
j (30 ) days of notification thereof.
25. This Agreement shall be construed, governed, and enforced
in accordance with the laws of the State of Florida.
26 . If any provision of this Agreement shall be held to be in
invalid, void or unenforceable, the remaining provisions hereof
shall in no way be affected or impaired and in such case the
remaining provisions shall remain in full force and effect.
27 . Each individual executing this Agreement on behalf of the f
Corporation (i.e. the COMPANY) represents and warrants that he or
she is duly authorized to execute and deliver this Agreement on
behalf of the Corporation in accordance with the duly adopted
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Resolution of the Board of Directors of the Corporation or in
accordance with its terms.
28. This Agreement, including the Exhibits, contains all the
agreements, conditions, understandings, representations, and
warranties made between the parties hereto with respect to the
subject matter hereof, and may not be modified orally or in any
manner other than by an agreement in writing signed by both parties
hereto or their respective successors in interest.
29. The COMPANY agrees that it will, at its sole cost and
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expense, promptly fulfill and comply with all laws, ordinances,
regulations and requirements, of the CITY, State of Florida and the
Federal Government and any and all Departments thereof having the
jurisdiction over the paytelephones, and any other body now or
hereafter constituted, affecting the COMPANY's paytelephones.
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30. The failure or delay on the part of the CITY/COMPANY to
enforce or exercise at any time any of the provisions, rights, or
remedies in this Agreement shall in no way be construed to be a
waiver thereof, nor in any way to affect the validity of this I�
Agreement or any part hereof, or the right of the CITY/COMPANY
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hereafter to enforce each and every such provision, right or
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remedy. No waiver of any breach of this Agreement shall be held to
be a waiver of any other or subsequent breach.
31) The COMPANY may:
(a) Assign or otherwise transfer this Agreement or the
tern hereby granted within each instance, obtaining the prior
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written consent of the CITY, said consent not being unreasonably
withheld.
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(b) Mortgage, encumber or otherwise hypothecate this
Agreement for the paytelephones or any part thereof in any matter
whatsoever, obtaining the prior written consent of CITY, said
consent not being unreasonably withheld.
CITY OF DANIA +..;
WITNESS MAYOR
WITNESS
y� WITNESS CITY MANAGER !'
WITNESS
WITNESS CITY CLERK - AUDITOR
WITNESS
APPROVED AS TO FORM AND CORRECTNESS:
BY: CITY ATTORNEY
ATTEST: ADTEC COMMUNICATIONS, INC.
BY:
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STATE OF FLORIDA)
)ss
COUNTY OF )
BEFORE ME, the undersigned Notary Public, personally appeared
and
to me known to be respectively the Mayor and City Manager of the
City of a municipal Corporation of Florida,
who acknowledged before me that they executed the foregoing
Agreement for the uses and purposes therein expressed as the act
and deed of said
WITNESS my hand and official seal in the above County and
State this day of 199_.
Notary Public, State of Florida
My commission Expires: i ;
{ STATE OF FLORIDA) °
1 )Ss
COUNTY OF )
BEFORE ME, the undersigned Notary Public, personally appeared
to me known to be the
of ADTEC COMMUNICATIONS, INC. , a Florida corporation, who
acknowledged before me that he executed the foregoing -
Agreement for the uses and purposes therein expressed as the act )
I and deed of said
WITNESS my hand and official seal in the above County and
State this day of , 199_.
Notary Public, State of Florida
My Commission Expires:
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SCHEDULE "A"
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(X) Has a Southern IIoll Pay Telephone.
Additional Comtncnte:
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YES NO
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Additional Comments:
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Additional Comments:
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City, State, Zlp
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Additional Comments:
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Additional Comments:
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YES NO
Has a Southern Bell Pay Telephone.
Additional Comments:
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YES NO
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Has a Southern Bell Pay Telephone.
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