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HomeMy WebLinkAboutResolution - Florida Telephone Franchise ria (;/c jJl, PIA c: F~ C/O '- .. . ir.! ... . . :. ....'.. ' ~, LICENSE AGREEMENT . of Julv THIS AGREEMENT, entered into as of the sixth day , 1972, by and between the CITY OF OCOEE, FLORIDA, hereinafter referred to as the IICity", and FLORIDA TELE- PHONE CORPORATION, a Florida Corporation, hereinafter referred to as the II Company"; WITNESSETH: WHEREAS, the Company presently uses and wishes to continue using the streets, avenues, alleys and public places belonging to the City, for the purpo se of constructing and maintaining a telephone system, and for providing communication services to the businesses and residences of Ocoee; and WHEREAS, the City desires to receive compensation for such use and to issue a license therefor; and WHER EAS, the Company is \villing to pay for such license, provided for hereinafter, and the other mutual covenants and conditions set forth hereinafter, it is covenanted and agreed as follows: . 1. The City hereby grants to the Company, its succes- sors and assigns, the right to construct and maintain a telephone system along, under and across the City's streets, avenues, alleys and public places for a period of t\venty (20) years, provided, however, that the City may terminate this agreement at the end of ten (lO) years by giving the Company written notice of its intention to do so posted at least one (1) year prior to the end of the first ten years of the agreement. 2. The Company agrees to pay the City;a license fee per annum equal to one percent (1 %) of its gross local 'Service recurring ., . . . .. .' , revenues during each quarter of the calendar year from such ~ ..-.--- customers located within the corporate limits of the City, as recorded to Account 500, provided for in Part 31 of the Uniform System of Accounts prescribed by the Federal Communications Commission, and concurred in by the Florida Public Service Commission. Such payments shall be made not more than thirty (30) days after the end of each calendar quarter. The payment of said license fee to the City as hereinabove stated shall be the only license, inspection, or similar type fee required of the Company by the City, and shall be in lieu of any telephone service provided at no charge, or at a rate below tariff rates. 3. This license is granted subj ect to all rules and regulations now in effect governing the construction, main- tenance, operation, expansion, control and regulation of telephone companies according to the laws of the State of Florida. 4. The location of all poles, underground cables and other outside plant facilities shall be made with the approval of the City and such locations shall be determined by the .Company in such a manner so that there will be no interference with other public uses of said areas within the City of 6coee. 5. Whenever in view of the necessity of moving a building or other structure along any such public areas within the City of Ocoee, the City shall serve notice in writing of such re- quirement to the Company directed to its general offices in the City of Ocala, Florida, whereupon the Company shall move such outside plant facilities as may be necessary, providing that the " owner or mover (other than the City) of said building or structure -2- . .' . l, , . . . . ' so to be moved shall first deposit with the Company an amount equal to the cost of moving and replacing such outside plant facilities as estimated by the Company. Any amount unexpended in making such alterations shall be returned to the person, firm or corporation making such deposit. 6. The Company, its successors and assigns, shall at all times during the term of this agreement hold the City free and harmless from all liability and damages to persons or property on account of the construction, maintenance, and operation of the said telephone system. 7. The City shall be allowed free use of the said poles ,vithin the corporate limits of the City of Ocoee for the erection and maintenance thereon of a fire alarm system at all times during the term of this agreement, provided said fire alarm system does not interfere with the proper maintenance, construction and operation of the telephone system for which said poles are intended. 8. The work of constructing plant facilities under this license shall be done subject to the supervision of the City, and the Company shall replace any sidevlalk or street that may be displaced by reason of such work, and upon failure of the Company so to do after reasonable notice in writing shall have been given by the City to the Company at its general offices in the City of Ocala, Florida, the City may repair such portions of the sidewalk or street that may have been disturbed by the Company, and collect the cost so incurred from the Company. -3- ...'. .. . . ,~ . .. .. 4 ." , " . IN WITNESS WHEREOF, the parties hereto have caused this agreement to be properly executed by their respective corporate officers and the corporate seals to be hereunto affixed, as of the day and year first above written. Signed, sealed and delivered in the presence of: As to City (Corporate Seal) ~~~ / f/' /' L~c~, ';,./ 0~a)' As ti.. o~any (Corporate Seal) CITY OF OCOEE, FLORIDA By Jhi~pr-!totf f Ma yo -? /} ?f/ . - Attest: . i-?; Ii ME~ CIty I ( Attest: Secretary -4-