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Home My WebLink About2004-020 - 3 - 0 � • �, / . OA D d PO Box 7075 Lakeland , Florida 33807-7075 Phone (863) 682-5200 Fax: (863) 682-8800 PSP LETTER OF AGENCY This is to notify you that the undersigned Location Agent has executed a written agreement for Privately Owned Pay Telephone Service with the PSP as specked below, and appoints the PSP as its sole and exclusive agent for purposes of transacting business with the BellSouth local exchange telephone company [BellSouth] with respect to network access for privately owned pay telephone service at the Location Agent's premises . This appointment revokes any previous agent appointment for such service . It shall be effective for the term of the agreement between the PSP Provider and the Location Agent or until revoked in writing by the Location Agent. The Location Agent requests that the BellSouth local exchange Telephone Company accept orders for installations , changes and removals of privately owned pay telephone service from the PSP Provider on the Location Agents behalf. The Location Agent understands that this LOA does not supersede or invalidate any existing valid contract, nor does this request entitle the I PSP Provider to information deemed proprietary or protected by contractual agreements . The i Location Agent agrees to defend , indemnify and hold BellSouth harmless against any and all ' liability , loss or damage BellSouth may suffer as a result of claims , demands , costs or 1 judgments against BellSouth arising out of accepting and acting on orders placed on the Location Agent's behalf by the PSP , to the extent allowed by Florida law. PSP Business Name : ATS PayPhones, Inc. P . O . Box 7075 , Lakeland , Florida 33807-7075 On this / Z day of 1114 /2L N , 2004 we have entered into a contractual agreement with ATS PayPhones, Inc. or its assignee , to act as our communication agent until further notice . Under the terms of this agreement, and by the LETTER OF AGENCY , we do hereby authorize ATS, or its assignee , to handle all negotiations of orders for coin operated pay telephone service at the following locations) : Listed Below , THIS LETTER REVOKES .ALL PREWOUS LETTERS Or A S- M&ICY: Business Name : Indian River County Board of County Commissioners Business Address : 184025 th Street Vero Beach , FI 32960 Telephone Number: 772-226- 1223 Authorized Signature : Printed/ Typed Name : Thomas W. Frame Title : Director, General Services Date : March 11 , 2004 Revised 3/18/04 www. atspayphones . com w PO Box 7075, Lakeland, Florida 33807-7075 Phone (863) 682-5200 Fax: (863) 6824800 Pay Telephone Location Lease This Pay Telephone Lease Agreement (the "Agreement") is made this 11th day of March 2004, Between. Indian River County hereinafter referred to as "Lessor") and ATS PayPhones, Inc , (hereinafter referred to as "Lessee"). Whereas Lessee is in the business of installing, maintaining and servicing pay telephones; Whereas Lessee desires to install and maintain one or more pay telephones on the premises of Lessor; and Whereas Lessor desires to permit it such installation subject to the terms and conditions contained herein, it is mutually agreed by and between the parties as follows: 1 . Lease of Space Lessor hereby grants to Lessee the exclusive right to install and maintain one or more pay telephones upon the premises of Lessor described hereinafter and, in furtherance of such right, lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the location or locations (hereinafter referred to as the "Leased Space") more specifically described in the site survey attached hereto and made a part hereof. 2. Notices Any and all notices to be given hereunder shall be properly deemed given when written and hand delivered or sent by registered or certified mail, postage prepaid, return receipt requested, to the respective addresses set forth below or at such other address as specified by written notice delivered in accordance herewith. Lessor: Indian River County Attn: General Services Lessee: ATS PayPhones Inc. 1840 25' Street PO Box 7075 Vero Beach, FI 32960 Lakeland, Florida 33807-7075 Phone: (772) 226-1223 Phone: (863) 682-5200 Fax: (772) 770-5095 Fax: (863) 682-8800 3. Rent/Fees/Commissions Lessor Agrees to pay to Lessee a first month fee of $89.50 per phone and on a monthly basis, a service fee of $49.50 per month, per phone. The monthly fee is subject to change if ATS receives any dial tone / line charge increases imposed on ATS by the local LEC or any other unseen operational cost imposed on us If this event were to arise Lessee would notify Lessor sixty days in advance in writing. Additionally, phones that have coin revenue exceeding $89.50 per month gross can qualify for free service. We will install and charge our normal rates until we establish revenue data from new locations and adjust accordingly. Phones that we charge for can receive commissions. We will take the monthly coin totals form all phones being paid for and if the total exceeds $30.00 of coin revenue per phone, we will then either issue, a credit towards next months invoice, or send commission check to Lessor, at the rate of 201/6. 4. Term and Renewal The tern of this agreement shall commence upon the date on which Lessee first installs one or more pay telephones in the Leased Space, which shall be on or about March 31 , 2004, and shall continue for one hundred twenty ( 120) months thereafter. The location Owner/Operator may have the pay telephone removed prior to the termination of this agreement by giving the Lessee a written notice sixty- (60) day notice at any time prior to the termination of this agreement. After such termination, neither party shall have any further claim against the other. Additionally, upon expiration of this contract the service can continue on a month-to-month basis. 5. Responsibilities of Lessor Lessor hereby agrees that: A. During the term of this agreement or any renewal thereof lessor shall not grant the right to install pay telephones upon the premises on which the Leased Space is looted to any company or person other than Lessee. B. Lessor shall promptly notify Lessee of any malfunction of any pay telephone installed in the Leased Space or any material interruption of service to any such pay telephone. C. Lessor shall allow lessee reasonable access to the pay telephone so installed during normal business hours for the purpose of repair, maintenance, replacement or the collection of all income derived therefrom. D. Lessor shall exercise reasonable care in preventing damage to or destruction of pay telephones installed by lessee pursuant to this agreement but shall not be liable for any loss, damage or destruction unless caused by the willful misconduct or negligence of Lessor, its employees or agents. www . atspayphones . com INDIAN RIVER COUNTY SITE SURVEY Prepared by Terry Smith 11 -Mar-04 772-226- 1318 LOCATION OLD NUMBER ADDRESS CONTACT AND BILLING INFORMATION COURTHOUSE FIRST FLOOR - A 563-9462 2000 16TH AVENUE COORDINATE INSTALL WITH TERRY SMITH , 772-226- 1318 AND SEND BILL TO INDIAN RIVER COUNTY ATTN GENERAL SERVICES 1840 25TH STREET, VERO BEACH , Fl 32960 HEALTH DEPARTMENT 778-8183 1900 27TH STREET WORK OUT DETAILS AND CONTRACT WITH TITO RUBIO 772-794-7464 ROUND ISLAND PARK 2348357 nBLUE AIA WORK OUT INSTALLATION DETAILS WITH JIM ROMANEK BLUE CYPRESS 569-8233 YPRESS LAKE ROAD 772-589-9223 DALE WIMBROW 388-3125 LAND ROAD AND SEND BILL TO FAIRGROUNDS 388-9807 7955 58TH AVENUE PARKS DEPARTMENT, 5350 77TH STREET, SOUTH COUNTY PARK 569-8161 800 20TH AVENUE VERO BEACH . FL, 32967 MAIN LIBRARY 1600 21ST STREET . ,WORKOUT INSTALLATION DETAILS WITH MARY SNYDER 772-770-5452 AND SEND BILL TO HER AT 1600 21ST STREET VERO BEACH , FL 32960 6. Responsibilities of Lessee Lessee hereby agrees as follows : A. Lessee shall obtain a certificate from the state of Florida Public Service Commission authorizing each pay telephone installed in the Leased Space. B. Lessee shall at its own expense install, repair and maintain the pay telephones installed pursuant to this agreement, except for any such expenses necessitated by the willful misconduct or negligence of Lessor, its employees or agents. C. Except as provided in 5 (d) hereof Lessee shall indemnify and hold Lessor harmless from any and all claims, liabilities and damages arising from the installation and use of the pay telephones installed under this agreement. D. Lessee shall be the subscriber for service to the pay telephones installed hereunder and shall be solely responsible for the payment of all charges for such service. 7. Termination by Lessee Lessee may at its sole discretion terminate this agreement at any time and without cause by giving Lessor written notice of its intent to do so. Upon termination or expiration of this agreement, Lessor shall allow Lessee access to the leased space for the purpose of removing Lessee's pay telephone. Lessee will leave a location in as reasonable condition as possible when removing equipment. 8. Title to Pay Telephones The pay telephones installed under this agreement shall at all times remain the sole and exclusive property of Lessee, and nothing contained herein shall be construed to grant Lessor any right, title or interest in said pay telephones. Upon request of Lessee, Lessor shall execute any instruments or documents required to establish Lessee ' s sole and undivided ownership of the pay telephones. 9. Assignment This agreement may be assigned by Lessee but may not be assigned by Lessor without Lessee ' s prior written consent. However, if reassignment were to become necessary Lessee would provide advanced written notice to Lessor regarding assignees qualifications to provide service to their satisfaction. 10. Successors The obligation and rights under this agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives and successors . 10. Entire Agreement This is the entire agreement between the parties hereto, and no representation have been made or relied upon by either party except as contained herein. Lessor: Indian River County Lessee : ATS Pa �Pho s 2 M SInc. By: By: Authorized Signature ri i Thomas W. Frame Al Seyfer Authorized Print Authorized Print Director General Services President Title Title Date Date Indian River Co. Apjmoved Date Assignment Administration J Legal Budget Date Department (3 www. atspWhones.com