CM-07-07-1691
Lessee:
1 ELENA 1.IUNAL, 1N U.
PAY TELEPHONE LEASE AGREEMENT
Date: 06/15/07
City of Round Rock, Texas ("wee")
Lessee is the (check all that apply): xx Owner xx Operator 0 Franchisee of the prep ises located at
Address: Rock'n River Aquatic Center, Old Settlers Park, 3300 East Palm Valley Boulevard
Round Rock, Texas 78664
Federal Tax ID #: 74-6017485
If Lessee is not the owner of the premises, please provide the following information concerning the owner.
OWNER NAME: Same - City of Round Rock, Texas
ADDRESS: 221 East Main Street
Round Rock, Texas 78664-5299
LESSOR: TeleNational, Inc. ("felNat")
2111 Sam Bass Rd. Suite B 1400
Round Rock, TX 78681
In consideration of the mutual covenants and conditions set forth in this Lease, Lessee and TelNat agree as follows:
1. LEASE OF TELEPHONE: Lessee hereby leases from TelNat one or more pay telephone(s) qwned by TelNat to be installed at
Lessee's location for the purpose of providing public pay telephone service. The number of TelNat pay telephones installed at
Lessee's location has been agreed upon by both Lessee and TdNat.
PAY PHONE LOCATIONS (the 'Premises" listed below)
Rock'n River Aquatic Center
Old Settlers Park, 3300 East Palm Valley Boulevard
Round Rock, Texas 78664
PAY PHONE LOCATION DESCRIBED AS:
Outside the office at Rock'n River
2. ACCESS TO PREMISES: TelNat shall, at any time during Lessee's normal business hours, have the right to enter the premises
for the purpose set forth above; and Lessee shall maintain free and unobstmcted access to each Pay Phone location and take no action
which adversely affects said purposes and/or use of the Pay Phones. When used in the Lease, the term "Premises" shall mean any
portion of the Premises now or hereafter under the control of Lessee.
3. RENTAL: Lessee shall pay TelNat monthly rent under this Lease in the amount equal to $50.00. Rent shall be payable to
TeleNational, Inc. and mailed to 2111 Sam Bass Road, Suite B1400, Round Rock, Texas, 78681 on a quarterly basis when invoiced.
If rant is not received within thirty days of receipt of invoice, there can be a $15.00 late fee assessed.
4. MAINTENANCE OF EQUIPMENT: TeINat shall service and repair each Pay Phone installed and shall maintain the same in
good working order. Lessee agrees to promptly notify TelNat if any Pay Phones are in need of service, repair or ntaintmance.
5. UTILITIES: TdNat shall have the right, at no charge to TelNat, to connect its Pay Phones to the electric or other necessary
utility and telephone lines at the premises and to use said utilities.
6. EXCLUSIVITY: Lessee represents and warrants that, during the term of this Lease, and any renewals hereof, it will not permit (or
continue to permit) any other pay telephone equipment to be used or installed at any Pay Phone Location or within any portion of the
Premises:
MI- 61- 01-1
PRINT NAME:
Signature:
This /3
"OPERATOR/LESSEE"
City of Round Rock, Texas
agree to and have read tams of agreement in
'tion 1 22.
ty Manager
2007
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7. SECURITY: Lessee shall take reasonable precautions to protect the Pay Phones against burglary, vandalism, negligence and
damages, and failure by Lessee to take reasonable precautions shall give TelNat the right to terminate this Lease and remove the Pay
Phones.
8. TERM: The initial tam of this Lease shall be for a period of twelve (12) months from the date on this document. This Lease shall
automatically renew for successive tams of twelve (12) months unless, at least 90 days prior to the expiration of the initial or any
renewal term, Lessee saves written notice upon TeINat of its desire not to renew or extend the term of the Lease.
9. TITLE TO EQUIPMENT: Title to the Pay Phones and all itetns, fixtures, wiring and accessories supplied or installed by TelNat
shall, at all times, remain in TelNat, and, when used in this Lease, the term "Pay Phone" shall be deemed to include any and all such
items, etc. TeINat may affix labels or other markings on the Pay Phones to signify that TeINat owns the Pay Phones; and, upon
expiration or other termination of this Lease, and for a reasonable time thereafter TelNat shall have the right to enter the Premises
and remove its Pay Phones. Lessee shall, at all times, keep the Pay Phones free of all claims, levies, liens or encumbrances; and shall
promptly notify TeINat of any attachment or other judicial process affecting the Pay Phones. As owner of the Pay Phones TelNat
shall have the right to place advertisements for itself and others on the Pay Phones.
10. AUTHORITY TO SIGN: As used in this Lease, the tam "Lessee" shall mean and include the owner, or the operator of the
premises if the operator is different from the owner, or any other beneficiary, lessor, managing agent or other authorized occupant of
the Premises and each Pay Phone location thereon. The Lessee operator hereby represents that it has the valid right and full power
and authority to execute this Lease agreement; and further agrees, upon request, to provide TelNat with written evidence of such
power and authority.
11. SUCCESSORS: This Lease shall be binding upon and inure to the benefit of Lessee and TelNat and their respective heirs,
personal representatives, successors and assigns, it being the intention of the parties to this Lease that the rights and interest granted to
TeINat herein shall run with the Premises and each Pay Phone Location. Whenever the term "TeINat" is used in this Lease, it shall be
deemed to inclde any designees or assignees of TeINat.
12. ASSIGNMENT: This agreement may be transferred or assigned by TeINat without consent to any present or future affiliate of
TeINat. Customer will obtain TeiNat's prior written consent to transfer or assign this agreement, which consent will not be
unreasonably withheld, provided that Customer's transferee or assignee shall first agree with TdNat to be bound by the terms and
conditions of the agreement.
13.. SALE or TRANSFER of CONTROL of CUSTOMER LOCATION: If during the tens of this agreement customer sells or
otherwise transfers ownership or control of property where payphones covered by the agreement are located, Customer agrees to
provide TelNat sixty days notice prior to such sale or other transfer of control and to provide the name, address and business
telephone number of the prospective buyer /transferee. Customa further agrees to provide upon request by TelNat, a copy of the
sales/transfer agreement by which the property or control thereof was conveyed, or such other documentation as is sufficient to verify
the sale/transfer. Customer also agrees to notify the prospective buyer/transferee of this agreement before the sale or other transfer of
control of any such property. After the sale or transfer of control of the propaty, this agreanent shall remain in full force and effect
and the buya/transferee and/or subsequent buyer/transferee shall assume all rights and obligations of the agreement. The sale or other
transfer of Customer's ownaship or other financial interest in the property or curtest business conducted ata customer location will
not relieve Customer of Customer's obligations under this agreement unless the new owner or other successor in interest to the
property and/or business agrees with TeINat in writing to assume Customer's obligations under the agreement for the remainder of its
14. GOVERNING LAW: This Lease shall be govemed by the laws of the State of Texas. Further, if any provision of this Lease shall
be invalid or unenforceable to any extent, the remainder of this Lease shall not be affected thereby and shall be valid and enforceable
to the fullest extent permitted by law.
15. TERMINATION: Lessor may, at its option, remove all pay telephones and all other property belonging to Lessor from the
location and terminate this agreement at any time.
16. INSTALLATION: The Pay Phones shall be installed by TeINat within a reasonable amount of time after the date on which this
Lease is executed by TeINat. However, if this Lease is executed by TelNat before all necessary federal, state, county and local
regulatory agencies and/or commissions have issued their final approvals, the Pay Phones shall be installed within a reasonable
amount of time after the date of issuance of all such approvals. Installation charge is $0.00 per payphone installed.
17. STATEMENT OF AGENCY: Lessee authorized TeINat to obtain and/or review all records of the Local Exchange Carrier
relating to the present and prior operations of any and all pay telephones used within the premises.
18. BREACH: If Lessee breaches any provision of this Lease, including, without limitation, refusing to allow TelNat to install the
Pay Phones, Lessee shall pay TelNat the agreed upon rent for the time the lease was in effect term of this -loose and for any and all
costs, expenses and damages, including all reasonable and necessary court costs and attorney's fees incurred by TeINat as a result of
any such breach. In addition to all other remedies provided by law, Lessor shall have the option, upon breach by Lessee, to terminate
the Lease.
19. NOTICES: All notices and communications to the parties hereto shall be deemed sufficient if given in writing and sent by
registered or certified mail to either party at its address set forth in this Lease or such other address as either party shall designate by
written notice to the other.
20. CAPTIONS: The captions in this Lease are only used for the convenience of Lessee and TeINat and shall not be used in
construing the tams and provisions of this Lease.
21. ENTIRE AGREEMENT: This Lease represents the entire agreement between Lessee and TeINat and no provision hereof may
be changed, waived, altered or modified without an instrument in writing signed by Lessee and TeINat.
22. WAIVER: A waiver by TeINat of a breach of this Lease does not constitute a continuing waiver or a waiver of any subsequent
breach.
DATE: .July 9, 2007
SUB.JECT: City Manager Approval -July 13, 2007
ITEM: Consider a lease agreement between the City of Round
Rock and TeINAT to lease a 911 telephone at the Rock'n
River Family Aquatic Center.
Department: Parks and Recreation Department
Staff Person: Cath Martel
.Justification: To be in compliance with the Texas Department of Health
Public Pool Codes.
Funding: General Fund
Cost: $50.00 per month
Source of funds: General
Outside Resources: N/A
Background Information: N/A
Public Comment: N/A