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HomeMy WebLinkAbout67- Mountain States Telephone & Telegragh Agreement Mountain States Telephone ~~~- AGREEMENT THIS AGREEMENT, made and entered into this 18th day of October ,19~, by and between the CITY OF BOZEMAN MONTANA, hereinafter called "City", and THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, a Colorado Corporation, hereinafter called "Company", WITNESSETH: THAT WHEREAS, the City permits the installation of outdoor public telephones on sidewalks and other property of the City upon certain terms and conditions; and WHEREAS, the Company desires to install outdoor public telephones on sidewalks and other property of the City; NOW, THEREFORE it is mutually agreed by and between the parties hereto: 1. The City agrees that the Company may install, maintain and operate public telephone booths upon the public sidewalks and other locations under the jurisdiction of the City. Such outdoor booths shall be installed at locations agreed upon by the Company and the City Engineer; and shall be clearly visible to the public and shall be properly installed and safely maintained at the expense of the Company. 2. For such use and occupancy of public sidewalks and other property of the City, the Company shall pay to the City of Bozeman a commission on revenue resulting from the coin box collections of said public telephone booths, excluding taxes on toll messages and telegrams, cablegrams and radiograms. Payment shall be made monthly - 2 - to the Treasurer of the City. It is understood that the commission presently is fifteen percent; in the event such commission should at any time be fixed at less than fifteen percent, the City may terminate this agreement as provided herein. 3. The Company agrees that if the City finds that the location of any public telephone booth installed under this agreement is undesirable because of traffic conditions or other conditions affecting the public health and safety, the Company will remove said booth at its own expense upon reasonable notice given by the City. Upon removal of any telephone booth the Company agrees to restore the premises to their original condition. 4. The Company hereby covenants and agrees with the City that the Company will indemnify and save harmless the City from any and all damages or claims arising out of the maintenance, operation, condition or location of any public telephone booth. 5. The Company agrees to comply with all ordinances, regulations and safety codes of the City which may be applicable to the installation and maintenance of the public telephone booths installed under this agreement. It is further agreed that both parties shall comply with all regulations contained in the Company's tariffs and applicable to public coin telephones. 6. This agreement shall be effective from the date hereof until terminated by either party as herein provided. It is agreed that either party may terminate this agreement by giving ninety days' notice in writing to the other party. Upon termination of this agreement, the Company agree8 to remove all telephone booths from .. , . the sidewalks and other property of the City and to restore all such locations to the same condition as existed at the time such booths were inetalled. IN WITNESS WHEREOF, the authorized representatives of the parties have executed this agreement in duplicate. CITY OF BOZEMAN, MONTANA ATTEST: [~n-_ ~;~~6; ",. --:7 // L . , 7 C --:,- /'" ". . /'"... ~ ~~j~~~ SEnI~:'~Y~;~ '" ...r" THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY Q ,./} \" ~ J ' . ,L /c.;y j .L/~ (.' .... ,'I! "'7-::1 . 1 . . By \........ ..