HomeMy WebLinkAbout1998-317
RESOLUTION No. 98 - 3 ~ ~
APPROVAL OF PAY PHONE CONTRACT BETWEEN THE CITY OF
STILLWATER AND MILLER TELECOM
BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the contract
between the City of Stillwater and Miller Telecom to provide pay telephone service for a
period of seven years at the St. Croix Vally Recreation Center is hereby approved, and
the appropriate city staff is authorized to sign said contract.
Adopted by the City Council this 15th day of December, 1998.
Jay Ki ble, Mayor
ATTEST:
Morli eldon, City Clerk
12/10/1999 15:00 b12-476-4514 MILLER TELECOM PAGE 82
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PAYPHONE LOCATION LEASE AGREEIYIENT
THTS AGREEMENT is between Miller Telecom ofPtymouth, Minnesota, hereinafter referred to as "Compa~ty", ;(nd
City of Stillwater 216 North Fourth Street Stillwater MN 55082 (651)430-8800
"t3usincss Uwncr" Strut Address City State %ip(;i>dc Owner'; I'lu,n:: rr
1n consideration of the promises and mutual covenants, conditions, stipulations, and agretmatts stated below. Comp;L~y and l;usir,css Owner agnc
as follows;
i. I,OCATIUN OF PAYPFIONE. The pay telephone ("payphonc") and other rel2Fed=equipment, that is the subject of thi, .lgrecrncnt, will be
Ic)c;ated at the following riddress:
Location Address:
St. Croix Valley Rec. Ctx. 1675 Market Drive Stillwater MN 55082 (651)430-2601
t3usines~ Nartto Seat Address City State %ipC;nde (tusinc,s t'ttrin~ n
1. LirAS.E OF SPACE FOR PAYPIIpNiE. Husiness Owner agrees to lease to Company the space imrrediatcly adjacent to the paylrhvnt;
location, including thr wall, floor, or other portion of the premises ad}scent t0 the payphonc lxation. The lease of the spxcc Hilt he lirr. ;unong
other things, the installation, servicing, and repair o£ the payphonc, ilia normal operation and use of the payphonc, and the collcctiun of all n:oncy
deposited in the payphonc.
3. COMt4IS$ION PAYMENT. Company agrees to pay Business Oamer a monthly commission paymcrrt ps set Earth tx:low:.._ .. ,
15% of net revenue from the pay phone (net revenue=total coin intake -phone bill)
4. MAINTENANCE OF EQUIPM1rNT. Company sbzll service and maintain the payphonc and other related aluipmrnt in goad wurkin~: ur~kr.
C:omptiny will pay for all such Service and mainteoE,ncc, except that if the psvphone or related equipment is dantagcd by l;usincas ()wncr . its agent,,
er its cmnloyen,, then Business Owner wilt pay for all ntccssary repairs. Ausiness Owner shall notify Compsrry promptly of any cation n!' chi
payphonc to function and shall ptrtnit only authorized agtnts of Company to remove. opan, adjust, or repair the payphonc ar other rclatcJ
equipment
5, INDEMNITY. business Owner assumes liability for. and agrees W indemnify, and livid Company hatrnless frc]m ttny luthilit}•. la.~~ yr damage
prising out of Ute vu. conditigq or operation o£ the payphonc, except for routine service and maintenance. 'l'hc indcmnitics and ussumht inn, n! ih~
liability at+d obligation described in thi3 paragraph, shall continue in full force and effect untii the tar*rtination of this Agrcuncnt and tih;t-1 apply to
all liabilities which may arise during'the ternt o£this`Agraetnent.
6. SIGNATURES. This Agreement-shat( not become t:ffettive or binding on either party unfit it has been signed and cxccuttcl by do vµ~ncr,
corporate offtccr_ or :tgenl of Husincss owner who is authorized to sign this Agreement pursuant to paragraph 15 tmd by a corpur:ttc uTlicer ul'
Company.
7. ENTIRE AGREEMENT. This written Agreement teprestnts the entire Agreement between Otvncr and Company and all prior w; ittcn urd
oral communications regarding this Agreement shall have no affect on the terms of this Agtecmcnt. 'flits Apre;erncnl mtty not b: nntcndc<l, altcnd.
ex modi6cd unlosS dune so in writing and tha addendum signed by both parties as required by this Agreement and attached ter th;, Agreement.
THE ADDITiONAI, TERMS AND CONDITIONS ON THE REYERSI; SIDE HEREOF ARE INCORPORATF,D liF,}tH;Jh ANp ARE;
MADE A PAitT OF TyIS AGREEMENT,
FOR: City of Stillwater . FOR: MILLER TELECOM ~ .
Diu Location Narnc (P1,EASE PRNT)
BY:
BY:
TITLE
DATE:
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T
l01 / .S" ~
BY:
BY:
TITLE:
DATE:
Signalurc, "("ixnpany" Ott lCCr
independent tiafey ('onrraetur
'Name (PRtN7ED PLEASE)
12/10/1°S8 15:00 612-476-4514 MILLER TELECOM •PAGE -03 ':
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9. ACCESS TO LEASED SPAT. E. Company shall have exclusive control and possession of the leased space except that Ftusincs,~ (?wncr shall
have the right to use; or have access to the space for any purpose necessary for the operation of the building or the busintss (}wncr's bu~inus~ which
dots not int<rfcrc with Company's operation and maintenance of its equipment. Business Owner shall maintain fret and unohsUucted acres to the
payphone and other related equipment.
9. PAYMENT OF TELEPHONE CO1vtPANY CHARGES. Company shall pay aft charges of the area telcphont company related u~ the
installation , maintcnancc, and use ofthe payphont, unless specifically noted otherwise as foiloH•s: .. _. ^ _ ..
la, U'tILITlES. Company rrsy eoancct its cquipmcnt to and through the electric or other necessary utility lints at the payphone Incntiar.:md
use such utilities at no additional charge to Compury.
12. EXCLUSIVE LICENSE. Business owner represrnts that there is no other Agreement presently in ct£cct and no other Agreement whidi
will hr in cfTcct upon commencement otthis Agreement in connxtion with the opertion of any other pay tciepitonc cyuipnra:nt at 1h~. husin~ss
address, and that t3usintss Owner will not, during the tettn of this Agreement, install or use or permit any other pay telephone cyaiprncnt to h.;
installed at the business address.
l2. SECURITY. Business Owner stta]I provide adequate security for the payphone and related eyuipmcnt. in the event Resinc~s Owner fails t<}
pmvidr. or is unable to provide. such security and Company's cquipmcnt is burglazized or vandalized then Company may. at its crplion, t~rnin:ric;
this ,ftgreemznt.
13. TITLF, TO EQUIPMENT. Title to all equipment and any fixtures, wiring, conduit, and zccessnries supplied or installed by ('tm+p;tny ,h:+ll
at all times remain in and tee held by Company end upon the expiration aad termination of this Agreement by lapis of time: or +~therwisr. cnntruny
shalt hsvc the right to remove alt such property &urn ttx business address.
I d. EASEMENT, The Business Owner hereby grants unto Company as a part otthis Agreement. xn casement through and ecru., the premise
where the pzyphonc is located so that Company may enter and exit said premises when installing, maintaining. servicing, ur removing the payphone
and other related equipment. Ausiness Owner warrants as part of this Agreement that he has the right and or avth~rity to extend this E?:tsemcnt :+,
either owner or tenant of the premises where the payphone is located.
lS. AUTHORITY TO SICK. Business Owner represents that it is the owner, beneficiary, lessee or duly autltorind mctnagcr or cxccnt~~•r agent
of the premises at the busincss address and that Business Owner has good right and lawful authority to execub: this Agrccmcrrt. f3usitrrss (ru•ner
shall provide evidertec thereof at the request of Company. If payphone is to be placed outside of premise, nn cnmmon area grounds. then +:wncr ul
said grouods must give written approval.
15. INSTALLATION DATE. Equipment to be installed pursuant to this Agreement wilt be installed within pnr hundn~tl twenty (1?tl) days of
the date of this ^grcemcm nr if the Agreement is signed bcfor<: all final rcgvlatury approval by aJl ncc~ysary fcd~rtl, irate and <nunt.• c+in+ntititiinnr.
the cquipmcnt is to hi: installed within one hundred twenty (120) days of that date.
17. STATEMENT QF AGENCY. Business Owner authorized Company to obtain and rc;view all records of the area telephone eornp:+ny
relating to the prior operations of alt pay tetephoacs located at the business address. Upon exceut~on of this Agreement. lusincss t )wncr due gr,+trt
to and authori~c Company to he the Business Owner's agent in regards to all matters relating to payphone tclccnmmunieatiotts. Such authorirsnian
shall remain in effect throughout the ci'fcctive term of this Agreement.
t8• UCC FILdNG. Owner egrets to execute all documents and papers made pursuant to the LJnitorm C'ommerial (:<}dc which protects
Company's rights in the payphone and other rdated equipment.:. .
19, SI:CCES50RS. This Agrexment shall be binding upon and shall inure to the benefit of Business Owner and ('oinparty and their rr;prcGvc
successors, heirs, and assigns. including any future owners. beneficiaries, or lesstcs of the premises located at the husincss address. it is the
intrntinn of the partia. that the interest granted to Company herein shall run with the land. "Miller Telecom may asxign.or sxa! its btitercet in this
Space t.u-tsc Agreement ak its option without notice.
Z0. TER;~t. This Agreement shall be in etTect for a Iran of seven (7) years front the dart that alt necessary signatures have hc:en ailixrel to thi,
Aprcerncnt. 'this Agrretrrrnt shall automatically be renewed thereafter for succcssivc seven (~) year terms, un(v~ss either party struts written rotirr
tsf its intent not to renew this Agreement upon the other patty not less than one hundred twenty (120} days nor morn than one huntira! eighty (18t)f
days prior to this expiration of the term of this Agreement.
2 ]. TERMINnTION AND RE'-{OVAL RIGHTS. to addition to any other termination righter enjoyed by Coatpaay. ('ontp;u+y m:t~ t.;rntin;dr
thin Arr~~ntcnt for tray reason. at any time. Business Owner will allow Company access to the location of all C:ompany's eyuipmcnt ,o (hat iha
cquiptcnt tan be removed.
22. ADDITIONAL PAYPHONES OR EQUIPI-IENT, If more than ore payphooe or if additional cquipmutt is installed by C'umpcury :+t the
husinca~ address, such payphone or cquipmcnt shall be governed by the terms of this Agt•remrnt.
Z3. ADDRESSES. Whenever this Agreement requires that Holies be screed by one party upon the other p~rlp, such ntrtire shall h~; u;nt to the
Iollowing addr~-sses. A11 st+ch correspondence shall be sent by U.S. Post, Certified Mail, Return Receipt Requested.
For Company: Fur Businzss Owner:
MILLER TELECOM
t400-F Hwy. I01 North, Suite ~ 113
PLYIvtOUTH, MN 55447-3064
phone and FAX: 412-470-4514