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539 <br /> <br />October 3, 1990 <br />November 7, 1990 <br />December 5, 1990 <br />January 2, 1991 <br /> <br />February 6, 1991 <br />March 6, 1991 <br />April 3, 1991 <br />May 1, 1991 <br /> <br /> UPON MOTION of Commissioner Hamby, seconded by Commissioner Melvin with <br />Commissioners Hamby and Melvin and Vice-Chairman Moss voting for, the Board <br />approved the following Pay Telephone Agreements between Cabarrus County and the <br />Concord Telephone Company. <br /> <br />PAY TELEPHONE AGREEMENT <br /> <br /> THIS AGREEMENT, made this 1st day of October, 1990, by and <br />between Cabarrus County Courthouse, hereinafter called "LESSOR"; and <br />THE CONCORD TELEPHONE COMPANY, hereinafter called "LESSEE"; <br /> <br />Lessor and Lessee hereby agree as follows: <br /> <br /> 1. Lessor does hereby lease unto Lessee, its successors and <br />assigns, space for 2 pay telephones at 85 Union Street South, <br />Concord, North Carolina 28025. <br /> 2. The Lessee will provide remuneration to the Lessor on a <br />monthly basis as follows: 20% commission on coin revenue when <br />monthly revenue is $75.00 or more. Coins received for toll taxes <br />and directory assistance taxes will not be subject to commission. <br /> 3. The term of this lease shall be for a period of five <br />year(s) from the date hereof and shall continue thereafter for <br />successive one-year periods until written notice of cancellation is <br />given to the lessee by the lessor 90 days prior to the expiration <br />of the initial or any renewal period. <br /> 4. During the term of this Agreement or any renewal of the <br />same, Lessor shall not grant the right or use of installing and <br />operating pay telephone service on the location described herein to <br />any other company or person. <br /> 5. Lessor shall notify Lessee of any malfunction or loss of <br />pay telephone service and shall allow Lessee access to Lessor's <br />place of business during normal business hours for pay telephone <br />repair, maintenance and collection. <br /> 6. Lessor shall exercise reasonable care in preventing damage <br />or destruction to the pay telephone(s) installed under this <br />Agreement. <br /> 7. The location of the pay telephone(s) and the space <br />provided shall be such as to make the services available to the <br />general public and no action which prevents or adversely affects the <br />use of the pay telephone(s) will be taken by Lessor or its employees <br />or customers. <br /> 8. Lessor has the authority to enter into this Agreement and, <br />in the event of a sale of the location or assignment, sublease or <br />other transfer of the lease covering the location, same shall be <br />made subject to this Agreement. <br /> 9. Lessee may, at its option, remove all pay telephone(s) and <br /> all other property belonging to Lessee from the location(s) and <br /> terminate this Agreement at any time and is hereby expressly granted <br /> the right to assign this Agreement. <br /> IN TESTIMONY WHEREOF, the parties have executed this Agreement <br /> the day and year first above written. <br />THE CONCORD TELEPHONE COMPANY CABARRUS COUNTY <br />/s/ Alan Goodman /s/ James W. Lentz <br />By By <br />Marketing Services Manager Chairman, Board of Commissioners <br />Title Title <br /> <br />PAY TELEPHONE AGREEMENT <br /> <br /> THIS AGREEMENT, made this 1st day of October, 1990, by and <br />between Cabarrus County Jail, hereinafter called "LESSOR"; and THE <br />CONCORD TELEPHONE COMPANY, hereinafter called "LESSEE"; <br /> <br />Lessor and Lessee hereby agree as follows: <br /> <br /> <br />