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Home My WebLink About42- US Dept. of Agriculture Forest Service Telephone Agreement J . \ .. J , . r!!~ I-- dtt.t~) 0 Jform 1,12206 R-l .. U 0 S. DEPAH'l'I,lENT OF AGTIICU.UfUI-m FOml~srr SERVICE Hagicn One TELEPHONE AGREEI\IENT THIS AGREEMENT, Made the 1st day of' ---.J:anuarY'__...n , 1-9__42.., by and between the ~.J:!.Y.or ~!!he Cltv 'Jf ':'ozeraI4-J~.ID1d.__._ ;.......:--- -" -,'- ___."!' 10.......\# ~.. ~10..,.. ....1 t'y . Pl'f -_= be" ~,. J,...........:::~rt IlJ)~" -..- ~..........---'~~,--~._",~' _."~~.. cooperator, hereinafter known as the party of the first p~rt, and the supervisor of thc__g.aJ"llltln, ____ iJa t iow:;l Fere st , for and in behalf of the U, S, Department of Agriculture, Forest Service, hereinafter known as the party of the second part, Witnesseth: \NlIEREAS: Tho party of the second part owns, maintains, and operates a telephone line or system extending botween the follow- ing points:Hozeman._Ex.E}1a~.-i?..t.._thc !~ou-!!..tH!n ,jtnt.p;:L Telephone &____.__ Teler:r'lbh OOffiDany doutherl~_:t.cL_the C.it.Y-...ae.:tt11 nf st"lt1 nn fInd Ayt.An_ stions th.erefrom AND 'NHEREAS, the party of the first part desires to secure telephone service over said line, NOVl rrHE:HE}4'ORE, it ls hereby mutuc.lly 1:~c:r'J8c1 nG follow~3: 1. That the party of tho first port shall be permitted to attach to, and uas in connection with, said telephone line or 0ystem ne We"tern ~Jprtri~ t ' d ~...J 1,_ ., ,~_ w ._.__."_r ~ ~ -...... ,.I J \.."i S .18.r1GrtJ~ telephon8 i!lstr1l1nent_~_ ~______~_o:r a tY-::Jfl to be- app:r"overJ by tho party of the second part, Said instru@ent to be installed in-.-r~~_td8no. . N .. 209 Thittie jarty of the first part shall use only umberga van ze ._~__~~___._-- wire in buildinC; any stub (Specify kind of wire) or connecting line necessary in connection with said telephone service. 3 , That the party of the first part shall maintain said instrument _~._::- --, wirinc: , and branch or stub line connecting ~;I.1.id instrur;E.:nt____::.:-_____~~___, wit::'], the~Jc)in line as required by Forest Service standards for telephone work. 4. That at all timer--; Govermnen-c bu:::>5..rloSS over said J.ine shall have precedence over all private business except in serious emergencies. I ,f ,. . ~ . , 5. That the party of the first part shall not "cut in" on the telephone line covered by this agreement for the purpose of listening to the conversation of others, nor psrnit or authorize any other person or persons to do so. 6. That the party of the first part shall not &ttempt to secure any telephone service in connection with this privilece through any exchange of a comrnercial telephone 0:;:' telegraph company until proper arrancements for such service shall have first been made with said company. 7. That the party of the first partl upon leaving his or her house vacant for any period of thirty (30) dclYS or lancer, will disconnect entirely the telephone instrument --"'. __t.hereil:L..fr.on....t..ha:t-.el.ephane ...line cov.ered by this agreement. /~age 3 tor Clause No. a 8. .' -.!"lm~~-e-~~~~-&~~1"6-';I'&l-~-t,&~~~~ ~;~~~~...p.~-parb-;-"u'~~~~_~_~~M"'(,{'- ~~ -l'fr"1"'"&; -eH:t'& rr ..fre-~:i4;--~ 4,.j~ .....+r....s..r _'}:.~100;_~ ~!l--e-f ~------- -~~:l!-:ba-P&..f~~-roe-}ao~ ~~~~-}r~~r~~~~~'~~:i-fl-~~,...,-~ ~.i&:b-:b-:'f'-~~~-iH"re-~~l'I- -"&l:t€- ~ ""'3-J.:. '"'fi0G01;..--;.e.-@o~ -r.t----------r--dtJ!"'~;-~~loft.~~ ti:re-~'h:_~Jtte -1'-~ ""OTr~---------------------~}-.~. 9. That the party of the first part shall assist the Forest Servi ce by furnishing all 110S3 ible inforrnat ieJ:l1 to tLe near- est forest officer relative to forest fires, and agrees that his or her agents or employees shall do all in tlH')ir ~)ower, both independently and upon request of the forest officer, to I)revent and suppress forest fires. 10. That the party of the first part agrees that tbis agreement may be terr:1inated in the discretion of the regional forester; refund, if any, being IDu de in sue h ca::' e of t 11 e emount in exce~;s of the party of th8 first part';:-J proportiorate ~:,hare of maintenance cost of said telephone line af; deter:mined by the regional forester. 11. This agreement is EOt aS~3ignable or t r(H~sf' erab Ie (Sec. 3737 U.S.R.S.) without the consent of the party of t.te Po ec and part first had Bnd obtained. 12. No member of, or deleg,'1te to. Congress. 811a11 be CCj(l- mitted to any share or part of this azreement, or to any benef it to arise thereupon. (Sec. 3741 U.S.h.S. ae: aJ'lerded.) 13. That the party of the second part, for and in considera- tion of the full perforrnanee of tlHC) promir,es of the party of the first part above set forth, aeree:3 to mair~tain the telephone ' . LIne or system as above-described by thi,3 agreemerlt in 2, erv i c e8 bl e -2- . ., . . , . . . , condition, throughout the life of said clgreement, insofar as ttLis is practicable with the funds available, and iW3of'ar as Government need for any part of said line requires, and under the varying weather conditions encountered. 14, The party of the second part further agrees toperLlit the party of the first part to construct his or her connecting line or lines over national forest lands without additional charge, but where it crosses valid claims the c on~3ent of the clciimant must be obtained by the party of the first part. The party of the first part agrees to maintain his connecting line or lines and the right- of-way therefor according to the roquirements of the national forest regulations relating thereto, the right-of-way for said connecting line or lines shall be located as follows: -.- -.- ---.'.. ~ . .- 15. The party of the first part further agrees that htlll . will not che;::.rge or receive any sur:l of rnoney or article or articles of value for the use of said telephone in- strument, or for the telephone service over said line. (Enter special clauses here.) 8. On aooount of the special E,erv:tces rendered I"!', the cartv of the first partIn suppressing forr,;,t fIr 6, or for ntiif,r Govern:" ment bust noss ,:tn aO~i tion totho::;o speoified in p 'rar"rEl")h 9, no payment will he requ '. red of the eVl.i(i.nrty or the flrr:t ')f:lrt under this agreement. -3- . . , . ~ ~ , f' , , ~, This ag;rJJ::ent shall continue in force and effect until December 31, 19 ... and thereaf'tel" unless otherwise termin- ated, shall automatically be reneiJ','ec1 for periods of OIle yesr, provided, hoviTever, that nothing herein contained shall be construed as binding the Secretary of hgriculture to expend in anyone fiscal year any sum in excess of appropriations made by Congress for that fiscal year; or to involve the Government in any contract or other obligation for the future payment of money in e'x:c e s s of ~:lny such appropriation, or of a reasonable amount for the maintenance of such line during periods of severe ,Ninter weather. IN WIT~~SS WHEREOF, the part i es h eretoha ve ctm sed this instrume,nt to be execut ed in duplicate the day snd year first above written. . City c-f PnZQT:1an Party of the First Part WITNESSES: By :~~~ ~~;Ze~8n Forest Supervisor, Party of the ~3eco nd Part, -4-