HomeMy WebLinkAboutCity of Tamarac Ordinance O-1983-044Introduced by: I/ Temp. ## I056
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO:
AN ORDINANCE ESTABLISHING A NON-EXCLUSIVE FRANCHISE
FOR A COMMUNITY ANTENNA TELEVISION SYSTEM GRANTED TO
UTA CABLE CORPORATION TO CONSTRUCT, OPERATE AND MAINTAIN
A CABLE SYSTEM PRIMARILY FOR THE TRANSMISSION OF TELE-
VISION SIGNALS BUT ALSO WITH THE CAPACITY FOR ELECTRONIC
SECURITY SERVICES; PROVIDING FOR A DESIGNATED SERVICE
AREA IN THE CITY, ALL OF WHICH IS LOCATED WEST OF
UNIVERSITY DRIVE; PROVIDING REPEALER.; PROVIDING FOR
SEVERABILITY OF INVALID PROVISIONS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City and UFA Cable Corporation (a Florida corporation
hereinafter referred to as "UTA") desire to enter into an Agreement providing
for a non-exclusive franchise granted by the City under certain terms and
conditions; and
WHEREAS, an Agreement setting forth said conditions has been
prepared by mutual Agreement; and
WHEREAS, the City Council has carefully considered the terms of
this Agreement and a Public Hearing having been held on July 27, 1983, in
accordance with law;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
SECTION l: That pursuant to Section 7.19 of the City Charter,
proper City Officials are hereby authorized and directed to execute the
Agreement attached as Exhibit "A" and made a part of this Ordinance.
SECTION 2: That said Agreement outlining the conditions of a non-
exclusive franchise is granted to"UTA"for the purpose of offering cable:
television programming, security and related services.&shall be effective, once
fully executed, frcm the effective date of this Ordinance.
SECTION 3. That the City Clerk is directed to record a fully
executed copy of this Ordinance and Exhibit "A" in the Public Records of
Broward County, Florida.
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Temp. #'1056
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SECTION 4: That should any section or provision of this
Ordinance or any portion thereof, or any paragraph, sentence or word be
declared by a Court of competent jurisdiction to be invalid, such decision
shall not affect the validity of the remainder hereof as a whole or any part
hereof, other than the part declared to be invalid.
SECTION 5: That this Ordinance shall become effective immediately
upon its final passage.
PASSED FIRST READING this day of Q&41983.
PASSED SECOND READING this day of 1983.
ATTEST:
I HEREBY CERTIFY that I have approved
the form and correctness of this
nl:)T)TT%TATTr'V
.-Edl- Elf
�•
RECORD OF COUNCIL VOTE
MAYOR FALCK:
DIST. 1: C/M KRAVITZ: ,.
DIST. 2: V/M MASSARO:
DIST. 3: C/M STELZER:
DIST. 4: C!M KRANTZ:
1-251k _3
MW
w I BI NANCE1
THIS AGREEMENT effective thisTf� day of NSF
1983, made and entered into by and between:
The CITY OF TAMARAC, a Municipal Corporation of
the State of Florida, hereinafter called "CITY"
and
UTA Cable Corporation, a Florida Corporation
hereinafter called "UTA" or "GRANTEE"
W I T N E S S E T H:
WHEREAS, CITY and UTA desire to enter into this
agreement as Exhibit "A" to City Ordinance 0-83- 41X and in
conformance with applicable federal and state laws and city
ordinances;
NOW? THEREFORE, in consideration of the mutual
covenants of the CITY and UTA and other good and valuable
considerations, these parties covenant and agree with each
other as follows:
1. EFFECTIVE_ DATE_
Once fully executed by the parties, this agreement
shall be effective from ag , 1983.
2. DEFINITIONS
The following terms when used in this agreement and in
its exhibits shall have the meaning ascribed to them in this
paragraph, except when the context clearly indicates a
different meaning:
a. "CATV" or "CATV System" shall mean a community
antenna television system and signals for auxiliary
services as herein defined. This CATV or CATV
System shall be deemed to be a public utility for
the purpose of using utility easements existing in
the City at this time or in the future.
b. "City" shall mean the City of Tamarac, a municipal
corporation in the state of Florida, in its present
corporate form or in any later reorganized,
consolidated, enlarged or reincorporated form.
C. "Community Antenna Television System" shall mean a
non -broadcast facility consisting of a set of
transmission paths and associated signal
generation, reception, and control equipment under
common ownership and control, that distributes or
is designed to distribute to subscribers the
signals of one or more television broadcast
stations and signals for auxiliary services.
d. "Council" shall mean the present governing body of
the City or any future elected City Council
constituting the legislative body of the City.
1
P, O p,P.-lS3-44-/4
e. "Franchise" shall mean and include any
authorization granted by the City in terms of a
franchise, privilege, permit, license or otherwise
to construct, operate and maintain a CATV System in
the City.
f. "Grantee" or "UTA" shall mean the entity to which a
Franchise, as herein defined, is granted by the
Council.
g. "Gross Receipts" shall mean all compensation
received by the Grantee within the City arising
from, but not limited to, the installation and sale
of its regular and pay T.V., monthly service to its '
subscribers, fees paid for medical, fire and
burglar alarm service and date transmission,
revenues received for advertising, leased channel
revenues and any other fees paid to the Grantee
directly or indirectly for any communication
service. Gross receipts shall not include
construction pre -wiring and line extension charges
or any tax on services furnished by Grantee imposed
directly on a subscriber by any city, state or
other governmental unit and collected by Grantee
for such governmental unit.
h. "Property of Grantee" shall mean all property
owned, installed or used by Grantee in the conduct
of a CATV business in the City under the authority
of a Franchise granted by the City.
i. "Street" shall mean the surface of and the space
above and below any public street, road, highway,
freeway, lane, path, alley, court, sidewalk,
parkway, drive or waterway, now or hereafter
existing as such within the City.
j. "Subscriber" shall mean any person or entity
receiving for any purpose the CATV service of the
Grantee.
UTA will construct a CATV System with a capacity of
54 channels. The CATV System will have a bi-directional
capability on 4 additional return channels. Initially the
CATV System will consist of approximately 20 channels for
basic and optional premium services. Bi-directional
capability will provide for future introduction of optional
auxiliary services, including a burglar alarm, smoke detec-
tion and medical alert system. Additional optional auxiliary
services will be provided as they become available to CATV
systems and for which there is an adequate demand.
The components of the CATV System will be
state-of-the-art, provided by nationally recognized and
reputable CATV equipment manufacturers. The System will be
constructed in compliance with the requirements of the Code
of the City of Tamarac and the Rules and Regulations of the
Federal Communications Commission, and will be maintained by
fully qualified CATV technicians under the supervision of UTA
engineers. Wherever practicable, local personnel will be
hired and trained by UTA. The location of the CATV System's
head -end and antennae facilities will be as shown on
Exhibit 1.
N
The proposed Franchise area within
to provide CATV services and for which
requested is more particularly shown on
Exhibit 2.
5. SGHEDU SERVICES
which UTA proposes
the Franchise is
the map attached as
a. The schedule of proposed rates and charges to
Subscribers for installation and services is attached as
Exhibit 3. UTA intends that the channels and services to be
provided by UTA shall not be inconsistent with the Rules and
Regulations of the Federal Communications Commission.
Subscribers, other than bulk rate subscribers, may discon-
tinue basic service upon thirty (30) days written notice and
without any charge therefor.
b. Any increase in the service rates (Exhibit 3) shall
not be effective until approved by City ordinance. A written
request made by Grantee to the City for consideration of a
rate increase(s) shall be considered by City Council within
90 days of receipt. No increase in rates by the Grantee
shall become effective until at least thirty (30) days
written notice is given to all Subscribers served by the
Grantee at the Subscriber's billing address. Nothing
contained herein shall preclude Grantee from charging rates
less than those provided in Exhibit 3. UTA may add
additional programming to its Basic Service without
increasing rates without prior approval of the City Council.
Any deletion of services, based upon unavailability, shall be
substituted with like (or equivalent) quality but not
content. Changes in the programming may be made at the
discretion of UTA, however notice shall be given to the City
of all changes thirty (30) days before the change becomes
effective whenever possible. Failure to make timely notice
shall constitute a breach of this franchise agreement.
6. POLE ATTACHMENT AGREFMENTS WITU UTILITIES
Upon the grant of the Franchise, UTA will negotiate
contracts with the appropriate public utilities for usage of
existing poles and conduit as may be required in the
construction of its CATV System. To maintain the aesthetic
quality of the City, UTA will endeavor to place all of its
cable underground wherever feasible and practical, and will
construct its CATV System in a manner consistent with other
utilities in the area. Permits shall be obtained for any
work required in this paragraph.
7. CQMPLIANO WITH ALL REGULATIONS
Grantee agrees to satisfy all requirements of the City
for permits, fees, and inspections as provided by City's
ordinances, state and federal law, now in effect or as may be
amended from time to time including Section 14-64 of the City
Code regarding burglar alarm user permits and fees (as may be
amended from time to time). UTA agrees to notify the City
Police Department in writing when any subscriber's alarm
service is- begun or cancelled, indicating the name of
subscriber and address of service.
8. REPORTS_ AND PAYNE=,OL FRANSH1,9E_ FEE
UTA agrees to pay a franchise fee to the City, consis-
tent with the Rules and Regulations of the Federal
Communications Commission, in the amount of 5% of the Gross
Receipts. In addition, LTA agrees to pay to the City the
maximum fee allowed by law during the term of the Franchise.
Any amendment of this agreement is subject to an
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v ►C A.+'8 3 - *'f
amendment of stipulation 12, paragraph 4(a) in the Case of
1,ea� Sb1$__H91��in9. �SySQI�IP���1]�im4l�u�.n _ �s
T_rus1gS_V3,__Ci.ty_Qf__Tamar, (Case 72-11731 in the 17th
Circuit of Florida) regarding the 5% franchise fee, at the
City's option. Notwithstanding, UTA shall assist in any
application by the City to the Federal Communications
Commission, if required for payment of said 5% franchise fee.
The Grantee shall file with the City within thirty (30) days
after the expiration of each of Grantee's fiscal
quarters during the first five (5) years of the term of the
Franchise, and thereafter within thirty (30) days after the
expiration of each month during the remainder of the term of
the Franchise, a report in a form reasonably acceptable to
the City, showing the Gross Receipts of Grantee during the
preceding reporting period. It shall be the duty of the
Grantee to pay to the City at the time of filing such report,
the seam herein provided for the respective reporting period.
In the event any monies due and owing under this Agreement
are not timely paid as specified herein, the City may impose
and the Grantee agrees to pay a late charge of ten percent
(10%) of the amount due. (Grantee's fiscal year begins
December 1. Fiscal quarters end February 28/29, May 31,
August 31, and November 30.)
UTA shall file annually an accounting with the City,
within ninety (90) days of the close of UTA's fiscal year, in
which a Certified Public Accountant shall certify the annual
Gross Receipts and franchise fee as above described. Payment
adjustments will be made at the submission of the annual
accounting if there is a discrepency in the figures. Defi-
ciencies shall be paid by UTA. Overpayments shall be cred-
ited to the next franchise payment by UTA. The late charge
provided in the preceding paragraph shall apply to defi-
ciencies in the annual accounting.
Beginning December 1, 1988, the monthly payment of the
franchise fee shall be a minimum of one hundred fifty ($150)
dollars per month.
Should any of Grantee's payments as required under this
Section be delinquent for ninety (90) days, the City may
declare the Grantee in default and treat the same as a mate-
rial breach of this Franchise Agreement.
The term of the Franchise shall be until January 31,
2004, with an additional 10-year option granted to UTA.
a) RENEWAL. Notice of intent to exercise the
option or to enter into renewal negotiations at the
conclusion of the option shall be given to the City at least
ninety (90) days and not more than six (6) months prior to
the expiration of this Franchise. UTA shall have priority
over any others in negotiating a renewal of this Franchise,
only if there is no amendment to Exhibit 2.
b) REOPENING. For emergency or hardship reasons,
either party may apply to the other for a waiver of or relief
from any provision with which, for a good cause shown, the
applying party is unable to comply.
UTA will, upon the grant and the acceptance of the
Franchise, deliver to the City a performance bond in the form
and amount shown in Exhibit 5; and, a certificate of
insurance in the amount and form shown in Exhibit 6.
4
i
i TALIA=
UTA will construct its CATV System and provide the
services enumerated herein no later than ninety (90) days
after the issuance by the City of a Certificate of Occupancy
for the CATV Systems head --end building; subject, however, to
(i) the grant of the approval of the location and issuance of
the building permit(s) for the CATV System's head -end and
antennae facilities by the City and (ii) extensions for any
construction delays caused by any factors beyond the
reasonable control of UTA, including but not limited to, the
inability to obtain materials at reasonable prices and
governmental delays in providing required permits.
12. Pj?_0_PDc;ZD Cal BEES
The proposed service agreement with Subscribers is
attached as Exhibit 4. Subscribers may discontinue service
upon written notice and without any charge therefor.
13.:DEF�L����
Within ninety (90) days of the grant of the Franchise,
UTA will file its application and registration with the
Federal Communications Commission.
UTA shall comply with the requirements and standards
set forth in the Rules and Regulations of the Federal
Communications Commission for construction of its CATV
System, television signal carriage requirements, minimum
channel requirements and channels reserved for local usage.
UTA shall provide the City with copies of its petitions
and applications submitted to the Federal Communications
Commission. Any modifications to the Rules and Regulations
of the Federal Communications Commission shall be adopted by
UTA within one (1) year of such modification.
14 • �PP�QSLRQVI S I ONS
a. The Franchise granted by the City shall authorize
and permit the Grantee to engage in the business of operating
and providing a CATV System in the City, and for that purpose
to erect, install, construct, repair, replace, reconstruct,
maintain and retain in, on, over, under, upon, across and
along any Street, such poles, wires, cables, conductors,
ducts, conduit, vaults, manholes, amplifiers, appliances,
attachments and other property as may be necessary, and
appurtenant to the CATV System; and in addition, so to use,
operate, and provide -similar facilities or properties rented
or leased from other persons, firms or corporations,
including, but not limited to, any public utility or other
grantee, franchised or permitted to do business in the City.
b. The Franchise shall be non --exclusive. The City may
grant other non-exclusive franchises for any part or all of
the service area described in Exhibit 2. The Franchise
cannot be sold, transferred, leased, assigned or disposed of,
in whole or in part, either by force or involuntary sale, or
by voluntary sale, merger, consolidation or otherwise;
including the sale, transfer or other disposition by Grantee
Of its stock, without the prior consent of the Council
expressed by ordinance, and under such conditions as may
therein be prescribed; provided, however, the consent of the
Council may not be unreasonably withheld. The assignee must
show financial responsibility and must agree to comply with
all provisions of the Franchise.
k,
c. Grantee, upon receipt of notice two (2) business
days in advance, shall permit any duly authorized
representative of the City during business hours to examine
the property and other records kept or maintained by the
Grantee or under its control which deals with the operations,
affairs, transactions or Property of the Grantee with respect
to this Franchise.
d. Grantee shall respond to all service calls promptly
and correct malfunctions as promptly as possible, but in any
event within forty eight (48) hours after notice thereof,
except where the cause and extent of the failure causing
damage is beyond the control of the Grantee.
e. The Grantee shall indemnify and save the City
harmless from and against any and all claims, suits, actions,
damages and causes of action arising during the term of this
Franchise for any bodily injury, loss of life, or damage to
property, sustained by any person, firm, corporation or other
business entity as the result of the construction, operation
and maintenance of the CATV System by the Grantee, or the
failure by Grantee to keep, maintain and abide by each and
every covenant of this Franchise on its part to be kept or
performed, or as the result of any negligence, act, error or
omission of Grantee or its employees, agents or servants.
However, under the terms of this Franchise the Grantee shall
be deemed to be an independent contractor. The Grantee, with
regard to any and all of the matters set forth above, shall
indemnify and save the City harmless from and against all
costs, counsel fees, expenses and liabilities incurred by the
City in and about any such claim, suit, action, or cause of
action, the investigation thereof, or the defense of any
action or proceeding brought thereon, and from and against
any order, judgments or decrees which may be entered therein
or as a result thereof. The Grantee shall also further
specifically defend any action or proceeding brought against
the City as the result of any of the matters enumerated
above, at the Grantee's sole cost and expense. The Grantee
shall keep in full force and effect at all times during the
term of this Franchise Comprehensive General Liability
insurance naming the City as additional insured in the min
imum amounts of $500,000 Personal Injury Liability, and
$100,000 Property Damage Liability. Said coverage shall
carry completed operations and/or products liability in the
same amounts. In addition, for the first ten years $1 Mil-
lion Umbrella Liability insurance in excess of the
aforementioned underlying Bodily Injury, Personal Injury and
Property Damage limits must be maintained which shall also
name the City as additional insured. At the end of ten years
limits on this Umbrella Liability Insurance will be raised to
$2 Million for the remainder of this Franchise. Sufficient
Workmen's Compensation insurance, in amounts provided by law,
must also be maintained. All certificates of insurance shall
be delivered to the City prior to the effective date of this
Franchise. Such certificates shall not be allowed to lapse
or be cancelled without notification to the City at least 30
days prior to the effective date of cancellation. In the
event that any other person, firm, company, or corporation
doing business within the City, requires Grantee to furnish
insurance in amounts greater than those indicated above as
the result of any agreements or contracts with such person,
firm, company or corporation, then Grantee shall increase its
insurance coverages hereunder accordingly. All insurance
required by the Grantee hereunder shall be unaffected by any
insurance which the City may carry in its own name.
f. The Grantee is not obligated to construct its CATV
System in other than an orderly, logical and progressive
manner from the head end station.
6
15. NOTIC.E
Notice under this Agreement shall be in writing sent by
hand delivery or certified mail (return receipt) to the
following addresses:
CITY MANAGER
City of Tamarac
5811 N.W. 88 Avenue
Tamarac, Florida 33321
UTA Cable Corporation
3300 N.W. 2nd Avenue
Boca Raton, Florida 33432
and
UTA Cable Corporation
700 N.W. 107 Avenue
Miami, Florida 33172
Attn: Robert M. Haber
If either party changes its business address as indicated above, notice
shall be sent to the other party.
a
o RP. -P1934-t(
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed on the day and year indicated below:
Signed, sealer] and delivered
in the presence of:
ATTEST:
CITY MANA
ATTEST:
TBE CITY OF TAMARAC
B
Y
MAYOR
DATE
0".. iM-I'
DATE:
Approved as to fprm
11
By
CM ATTORNEY /
DTA
By
DATE
September 28, 1983
I
I-
M.
1v
STATE OF FLORIDA )
SS:
COUNTY OF BROWARD j I/
Before me personally appeared-
r
tom�3�lkncown�)wnb
nd �kno:wnto me �tobe the person(s) described in and who
executed the foregoing 4nstruz,ent, and acknowledged to and before me that
executed said instrument for the purposes therein expressed.
WITNESS ny hand and official seal, this 22C41day of � !
A.D. 19 'j2.
Notary Public
State of Florida at Large
PSy commission expires: NOTARY E.UBLIC STATE OF FLOP I" AT LARD.
h1': COMMISSION EXPIM AP' 21 1, l
TI Ru GFNIFRAI
STATE OF FLORIDA )
ES:
COUNTY OF BROWARD )
Before me personally appeared
to mg/ well known 'and kn &n t& me to be the persons) described in and who
executed the foregoing instrumgnt, and acknowledged to and before me that
executed said instrument for
the purposes therein expressed.
WITNESS my hand and official seal, this ��ay of
A.D. 19 ii�t . -
Notary Public
State of Florida at Large
Ply commission expires: NOTARY PUBLIC STATE OF FLORIDA AT LARGL
MY COMMISSION EXPIPtiS APR 21 1984
J, u) D THRU GENERAL INS jj-
STATE OF FLORIDA )
SS:
COUNTY OF DADE )
Before me personally appeared ALLAN J. PEKOR, as
Vice President of U.T.A. Cable Corporation, a Florida corporation
to me well known and known to me to be the person(s) described in and who
exectuted the foregoing instrument, and acknowledged to and before me that
he
executed said instrument for the purposes therein expressed.
WITNESS my band and official seal, this 28th day of September
A.D. 19 83 . ._.
Ply commission expires:
NOTARY PUBL I C STATE OF FLOR I DA Af W a
MY COMMISSION EXP I kFS APR 1 1984
IONDE17 JHRU GENERAL ltb.. La114�ER>,YRITE6„�
,Notary► Public
State of Florida at Large
41
IBIT
Exhibit 1 - LOCATION OF ANTENNAE
Exhibit 2 - MAP OF SERVICE AREA GRANTED BY FRANCHISE
Exhibit 3 -- PROPOSED SERVICES and SCHEDULE OF RATES
Exhibit 4 - SUBSCRIBER AGREEMENT
Exhibit 5 - PERFORMANCE BOND
Exhibit 6 - CERTIFICATE OF INSURANCE
Exhibit 7 - ACCEPTANCE OF FRANCHISE BY GRANTEE
Exhibit 8 - LETTER FROM LENNAR HOMES, INC. i
10
Fidelity and Deposit Company
HOME OFIFICE OF MARYLAND BALr7M0RE, MD. 2120
Amount, $ 25,000.00
KNOW ALL MEN BY THESE PRESENTS:
That we, UTA CABLE CORPORATION (hereinafter called the "Principal"),
as Principal, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND of Baltimore, Maryland,
a corporation duly organized under the laws of the State of MD ,(hereinafter called the
"Surety") as Surety, are held and firmly bound unto CITY OF TAMARAC
(hereinafter called the "Obligee"),
in the sum of TWENTY-FIVE THOUSAND AND 00/100 Dollars
($ 25,000.00 or the payment of which sum well and truly to be made, we, the said
Principalanid the said Surety, bind ourselves, our heirs, executors, administrators, successors
and assigns, jointly and severally, firmly by these presents.
Sealed with our seals and dated this 28th day of September
A.D. ninteen hundred and eighty three _
WHEREAS, by Ordinance No. 83--44 adopted on Sept. 28,1983, the Obligee granted to the Principal
a license, hereafter called "the License", to construct, maintain and operate a community
tenna television system within City of Tamarac.
EREAS, Section 10 of the Ordinance provides that in order to secure the performance of and
mpliance with all the terms, covenants and conditions thereof, the Principal would furnish the
ligee with a performance bond in the sum of Twenty -Five Thousand Dollars ($25,000.00) for
the term of the License; and
That the condition of this obligation on the part of the Principal and the Surety to the Obligee
is such that if the Principal shall perform and comply with all of the legal and enforceable
terms, covenants and conditions of the License, as modified by amendment or superseded by other
law, rule, regulation or other force of law, then this obligation to be null and void, otherwise
to remain in full force and effect.
PROVIDED, HOWEVER, and subject to the following express condition:
This obligation may be cancelled by said Surety by giving 30 days notice in writing of its
intention to do so to both the Obligee and Principal and said Surety shall be relieved of any
further liability under the bond 30 days after receipt of said notice by said Obligee, further
provided, however, that such cancellation shall not affect any obligation which shall have
occurred prior to the effective date of such cancellation, nor shall it relieve the Principal of
its obligation to replace said bond with equivalent security acceptable to the Obligee within
the time period between notification and effective date of cancellation of this bond.
Signed, Sealed and Dated this 28th day of Sept. ,1983.
UTA CAB14ORdATION
By:
FIDELITY & DEPOSIT CO. OF MD.
By: '
E. ���„�, • Attorney -in -Fact
C't�U�ti l tiioi�:iJEJ
�7!DA IDIDEN�TA GENT
G1121-10M. 8_75 198911 P467E
fy.
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFMCE, BALTIMORE, MD.
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora-
tion of the State of Maryland, by C. M. PECOT, JR. , Vice -President, and C. W. ROBBING
Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Com-
pany, which reads as follows:
SEC. 2. The President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially author-
ized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secre-
tary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact
as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds,
undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees,
mortgages and instruments in the nature of mortgages, and also all other instruments and documents which the business of the Com-
pany may require, and to affix the seal of the Company thereto.
does hereby nominate, constitute and appoint Juan E. Beltran, Robert R. LaRoue and Paul E.
Zacharski, all of Miami, Florida, EACH,,,,,,,,,,,, ,,,,,,,,,,,,
i s true and lawfulagent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as
surety, and as its act and deed: any and all bonds and undertakings...
the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said
Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged
by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons.
This power of attorney revokes that issued on behalf of Juan E. Beltran and Robert
R. LaRoue, dated, August 6, 1979.
The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article V', Section 2, of the By -Laws of
said Company, and is now in force.
IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed
their names and affixed the Corporate Seal Of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this
3rd --- ..... day of.-- ... ............M y , A.D. 19.82---
09.,6
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
DE ATTEST:
........ .. By ...
Assistant Saretar ...................
Yiu-P silent
STATE OF MARYLAND 1 SS:
CITY OF BALTt11J
On this r0RE day of May A.D. 19 82 before the subscriber, a Notary Public of the State of
Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above -named Vice -President and Assistant
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described
in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,
severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed
to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such
officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and year
first above written.
„r NOT. ...................... ....... ... .. � .... •. _.._....._. -__
Notary Public C ton Expires. July: 1 19_
",lw,.►
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original
Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I
do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents spe-
ciallx authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the By -Laws of
the t'IDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly Called and held on the 16th day of July, 1969.
RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether
made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be
valid and binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subsai`ibed my awame and affixed the corporate seal of the said Company, this
28t.h
or.Sept ember . 198..3...
•----------------------------------------------
LI428CeL— Qa0-oo21 G o�- EXF(� B �• _._. Assistant Secretary
FOR )'(WR PROTF1("1-IO\ I,OOI` FOR'1'11F F&1) \\'ATFIRMARIti
1)
SOUIHGATE BLVD.
2)
N.W.
100 Ave. (NOB HILL RD.)
3)
N.W.
81 ST.
4)
N.W.
96 AVE.
5)
N.W.
77 ST.
6)
MC NAB RD.
7)
WES"IlMD BLVD . WEST
8)
N.W.
71 PL.
9)
N.W.
106 AVE.
10)
N.W.
112 AVE.
11)
N.W.
110 TERR.
12)
N.W.
103 AVE.
13)
N.W.
80 ST.
A DENOTES PROPOSED ANTENNAE
EXHIBIT 1
LOCATION OF ANTENNAE
(7)
I
EXHIBIT 3
ULAn'D S_V_D CR I BE
1 :
Each
Primary
Additional
Pi .set
Primary Outlet (Basic Service -No Converter)
$8.00
$ 3.00
Primary Outlet (,Standard Converter)
9.50
5.00
Primary Outlet (Remote Converter)
21.00
6.50
Seasonal Service
4.00
No Charge
Multi -Unit Complexes -Bulk Rate -No Converter
4.00
No Charge
Co Mercial Accounts
25.0D
10.00
Installation (Standard)
Primary Outlet, underground
$ 25.00*
$ 10.00
Primary Outlet, aerial
25.00*
10.00
Primary Outlet, apartment
25.00*
10.00
Relocate (inside)
25.00
5.00
Relocate (outside)
15.00
5.00
Reconnection, non-payment
25.00
5.00
*Standard installation charges areas quoted,
aerial or underground. Some areas require
underground surcharge of $25.00. Any other subscriber request
shall be as agreed by the subscriber.
pRFlLC1�"_�ROG�W'.t?ING RATES.onthly) (except Bulk Billing)
`471919O3M • -
$ 20.45 No Charge
s (If not installed at time $ 25.00
of initial cable service
or change of service.)
To be determined when initiated.
DEPDSIT FOR,&MERTER (Refundable)
(Minimum monthly bill $12.00,
otherwise billable quarterly.)
.(Florida Sales Tax additional to
all Rates except the Deposit)
Page 1 of Exhibit 3
$ 35.00
No Charge
$ 35.00
UTA will provide a single drop (or one (1) outlet) for basic cable
service, where its cabandlfreesofsmonthlythe
serviceproposed
charges,service
torthe following,
connection charges
1. Schools - public and parochial:
2. Schools - fox handicapped and retarded children:
3. police Department and a31 sub -stations:
4. fire Department and all sub -stations:
s. All municipal buildings.
There shall be a service charge for additional outlets, but no monthly
service charge for outlets once installed. UTA vill utilize its commun.
cations facilities to assist the City in the event of any emergency
declared by the City Councils Mayor or City .Manager.
STATION/CHANNEL
TYPE
WPBT -
TV/2
PBS
WLTV -
TV/23
IND
WTVJ -
TV/4
CBS
WPTV -
TV/5
NBC
WCIX -
TV/6
IND
WSVN -
TV/7
NBC
WHFT -
TV/45
IND
WPLG -
TV/10
ABC
WFLX -
TV/29
IND
WPEC -
TV/12
ABC
WDZL -
TV/39
IND
WHRS -
TV/42
PBS
WLRN -
TV/17
EDUC
WRID -
TV/51
IND
Community Service/Weather
Community/Government Access
C-SPAN/Cable Satellite Public Affairs Network
CNN/Cable News Network
WDR-TV/9 - New York
wTBS-7V/17 - Atlanta
ESPN/Entertainment and Sports Programming Network
USA Network
Nickelodeon/Arts
Modern Satellite Network
Shopping Satellite Service to be selected from those available.
Cable Health Network
Daytime
(Channels not operated full-time may be consolidated.)
r 30 Te ► :O'
(Representative Services)
RB0
Showtime
The Movie Channel
Adults Only
On -TV
Cinemax
e* Special and Premium Entertainment
(Converter required)
Page 2 of Exhibit 3
' k3
UTA orrice:
LUA Phone *:
UTA CABLE CORPORATION
Subscriber Work Order
r(d pp- 93+• 1�
ADD CHANGE DELETE
D ❑ ❑
DATE PREPARED
PREPARED BY: APPROVED BY:
SUBSCRIBER ID * ALPHA NAME COMPANY PROPERTY NO. KEYED BY:
CPU ENTERED BY:
CRIBER NAME AND DIB/A, IF APPLICABLE
UNIT �
SERVICE ADDRESS
BILLING ADDRESS, IF DIFFERENT FROM ABOVE
ERVICE rMONTHLY
••
r I I = I I 1 1 1 -1 IT]
r ••
••
•r •••E
...
rr rr
•r
LATE PAYMENT SERVICE CHARGES RETURNED -CHECK -CHARGES
* DAYS MINIMUM MINIMUM SECURITY BILLING
BEFORE CHGD. % AMOUNT %C AMOUNT DEPOSIT CODE
1 5
1
2
3
1
2
3
3
CONVERTER SERIAL NUMBERS
CONTACT NAMES
ACT TELEPHONE
1
2
3
LOCA71ON
SUBSCRIBER REPRESENTATIVE
NOTES TO INSTALLER SERVICE MONTHLY The Com—n a rees to delryer servrc
INSTALL:
COLLECT S
SCHEDULED
AMp
PMC1 RESCHEDULED AMC —
Of SCHEDULED
AM❑
PMa DATE COMPLETED
INSTALLATION S
BASIC
EXPANDED BASIC PREMIUM
ADD1.OUT LET
— — _�_.__
2
PW % of
���
4
BASIC
EXPANDED BASIC .
PREMIUM
I —.--
PM0 2
3
4
SUBTOTAL
FLA SALES TAX _. .
TOTAL
I g
Subscriber al the service address designi
above and at the charges set fonh This ag
ment INCLUDING THE PROVISIONS ON
REVERSE SIDE HEREOF. Constitute the er
4g,"ment of the parties hereto and all prey
agreements, written or oral, are Combined hers
No representation, guarantee or warranty madr
any agent of the Company shall be binding ul
Company unless provided here.-, and all
tnstons herein shall be bmd-ng upon the he
executors and legal representatives of the pan
SUBSCRIBER'S SIGNATURE DATE J
SUBSCRIBER AGREEMENT AND SERVICE WORK ORDER
TERUS AND CONDITIONS FOR CABLE TELEVISION SERVICE
1. Either the Subscriber or the Company may terminate this agreement for any reason and at any time on thirty days notice in
writing or as otherwise provided herein, below. If at any time the Subscriber is not satisfied with the service or repairs or other facilities
provided under this agreement, it is understood and agreed that the Subscriber's exclusive remedy shall be limited to such right of
termination and the Company shall have no other or further liability to the Subscriber.
2. Subscriber does hereby, grant to Company the right to enter upon and over the premises at the above address at anytime for
purposes of connecting the service, inspecting, adjusting, repairing, moving or removing it; and Subscriber also agrees that all of the
Company's materials and facilities used by it for the transmission of the television signal service and connection in Subscriber's
premises, including the terminal of the service wire, shall always remain the property of the Company.
S. Subscriber agrees not W move. disturb, alter or change any of the locations of any of the Company's materials or facilities:
and also not to connect or attach, directly or indirectly any additional television set or any other device to any of the Company's
facilities. If Subscriber requests relocation of the service wire from the original place of connection, Subscriber shall pay for same on a
cost plus time and material basis, if not standard relocation.
4. Company shall not be liable for any inconvenience, loss, liability, or damage resulting from any failure or interruption of signal
service, directly or indirectly cau-ed by, or proximately resulting from any circumstances beyond its control; including, but not limited
to, failure of the television signal at the transmitter for any cause whatsoever; denial of use of poles or other facilities of a telephone
company or power company, strike, labor dispute, fire, flood, riot, invasion, war, aircraft; explosion, earthquake, wind, tornado,
malicious mischief, failure or reduction of power, any mechanical failure or channel dislocation, or any court order, law or ordinance,
civil or military, restricting or prohibiting the use or operation of the system by the Company. Subscriber agrees that Company is not
responsible for the operation, maintenance, service or repair of Subscribers television or radio set or sets.
5. Subscriber understands that Company uses telephone or power poles in providing service and that this continued use cannot
be guaranteed; therefore, in the event it is denied for any reason, the service provided hereunder may be interrupted or discontinued
and if Company after reasonable efforts is unable in its discretion to provide service over alternate routes Subscriber agrees he will
make no claim against Company, or the telephone company, or power company, for said interruption or termination of services.
6. if Subscriber is not the owner of the premises to be served under this agreement, Subscriber represents and warrants that
Subscriber has the consent of the owner for the programs and service contemplated hereunder and agrees to indemnify and hold
Company harmless from any and all claims of such owner arising out of the performance of this agreement.
7. This agreement, and the service furnished hereunder is not assignable, or to be sublet, without the written consent of the
Company.
8. The Subscriber shall notify the Company of any change of occupancy or ownership of the premises immediately on such
transfer of ownership or tenancy. Nothing in this agreement shall be construed to give the Subscriber the right to sell or assign, or the
successor tenant or, occupant to acquire, any rights to the use of any of the installations or service provided by the Company.
9. Subs-criber agrees to give authorized representatives of Company access at all reasonable times to inspect and maintain
covertor uni►(s), and to remove the unit(s), at the termination of this agreement.
10. Subscriber acknowledges that, except as otherwise provided in this Paragraph 10, Company has the right at any time to
preempt without prior notice specific programs advertised as available to Subscriber and to substitute what Company deems to be
programming of comparable quality, i.e., "X-rated movies," "Sports Programming," and programs preempted by reason of
"Presidential News Conferences, etc." However, if Company intends to substitute any programming as part of its regular
presentation such as HBO for The Movie Channel or vice versa, then Company shall give Subscriber 30 days' prior written notice of-
such substitution. Subscriber, however, retains the right to cancel the program or service. In addition, Company reserves the right to
increase or change the applicable fees upon thirty (30) days' written notice to Subscriber; however, Subscriber retains the right t
cancel the program or services.
11. Company acknowledges the receipt of the refundable deposit, if any, listed on reverse side. At the termination of this
agreement, the Company or its successor in interest shall return to Subscriber within (30) days of the disconnect a sum equal to said
deposit less any applicable deductions.
12. A Subscriber in arrears at the time of a disconnect will be assessed a $10.00 disconnect fee, which deduction may be made
from the refundable deposit. No deductions will be made if the account is fully paid and all Company equipment is received by
Company. Company agrees to pay interest on Subscriber's deposit monies if required by Florida Statutes, the County (or City, if
applicable) ordinance or if other licensed cable company operators in the County (or City, if applicable) pay interest on such funds.
13, This agreement may be terminated by Company and the equipment removed without prior notice if Subscriber: (A)
breaches the covenants contained in this agreement, or (B) fails to pay the monthly service charge. _
Agreement may be terminated by Subscriber at any time by giving thirty (30) days' written notice and cooperating with
Company in the removal of Company equipment from Subscriber's home. Attempts by Company to act upon notice which does not
comply with the provisions of this Agreement do not constitute a waiver of the notice provisions contained herein.
14. The convertor unit and other property delivered to Subscriber shall remain the property of Company, Subscriber assumes
the risk of loss, theft or damage to the convertor units at all times prior to the removal of the units by Company and stipulates that the
value of each unit is $175.00. Subscriber, in addition to his obligation to reimburse Company for the cost of the convertor units, shall
be responsible for attorney's fees, (and attorneys' fees, on appeal, if any) together with court costs plus interest at the highest rate
allowed by law incurred by Company due to loss of or damage to Company equipment or other breach of this agreement by
Subscriber.
15. Company warrants that its home convertor units are free of defects in material and workmanship and agrees to replace any
convertor unit which is found to be defective. Co;npany shall have no liability of any nature for failure or interruption of program
transmission service caused or proximately resulting from any circumstances beyond its control. In any other case of program
interruption of service, Company's sole obligation shall be at its option to either make available comparable programming or to refund
to Subscriber the &mount paid directly for such programs or service. Notwithstanding the foregoing, in the event service to any
Subscriber is interrupted for 24 hours or more through the fault of Company, the Company shall provide the Subscriber with a
prorated rebate or credit.
16. Subscriber covenants and agrees not to duplicate, reproduce, videotape, or use the programming or equipment prodded
hereunder for any purpose except borne use on telt�ision set converted to the movie channels by the Company.
17. Subscriber agrees to pay any local, state or fedtra: tales imposrd or levied on or ssith respect to any and all services an
programs, the maintenance and service charge, and the sale of progtsans ar other services, or w..iy of them by reason of this agreement .
or any amendment thereto,
The monthly service charges herein provided for will not be increased by the Company without 30 days' prior written notice to
the Subscriber.
18. All charges and amounts temsining unpaid hereunder fifteen days or more shall bear interest at the highest rate allowed by
law. Subscriber shall reimburse Company upon request for all service charges and expenses incurred by Company due to the failure
of any of Subscriber's checks to obtain bank clearance.
The Subscriber has read both sides of this Subscriber Agreement and Service Work Order and agrees to its terms and
conditions and acknowledges receipt of all of the equipment listed and confirms that the installation was completed to the
Subscriber's satisfaction.
Subscriber
q— Date
`t 0 . \.Y .;#S,3 -JA/ "
.tip.+� ,La.,'� �' 1•�,�: �, .. ,..,�.rs
�q71�414
V'i a
��. NAME AND ADDRESS OF AGENCY
to
�--v+' •..•.r. ,;�. ...P.,'_. , ^-sr,.. raga +.v - -
i R �, �':� .. � � t :r+F"'e' � "t -F�.. , , y -; �"�' .:i`"•'n�,�.?":: M'i. �F;":Ic.: '""'lr.:
A.
.,,
�le. "r�" Y•`Y�'f3J.h^'b - - �'.diYyey�{I�����tl-•�4 d��/'`x':�.ri� .� ,`. n:r�.rf��'',. � .
COMPANIES AFFORDING COVERAGES
Beltran/ A & A
7000 S.W. 97th Avenue COMPANY
Miami, Fla. 33173 LETTER A The Travelers Indemn.ity Co.
COMPANY
.; LETTER The Travelers Ins. Co.
NAME AND ADDRESS OF INSURED
COMPANY
Lennar Corp.nd U T A Cable Corp.LETTE
P-
700 N. W. 107 th Avenue COMPANY D
Miami, Fla. 33172 LETTER
COMPANY E
LETTER
This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement, term or condition
of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the
terms, exclusions and conditions of such policies.
,."OMPANY POLICY Limits of Liability in Thousands ( )
LETTER TYPE OF INSURANCE POL ICY NUMBER �
EXPIRATION DATE EACH
�' -- OCCURRENCE AGGREGATE
GENERAL LIABILITY BODILY INJURY $$
A n®500 500
COMPREHENSIVE FORM J
5X] PREMISES —OPERATIONS p PROPERTY DAMAGE $ $
[xHAZARN AND COLLAPSE T-SGL-180T619-6-83 6-1-84 100
1 4717
UNDERGROUND HAZARD
PRODUCTS/COMPI.E.TED _
OPERATIONS HAZARD BODIt Y INJURY AND
CONTRACTUAL INSURANCE $
PROPERTY DAMAGE $
.aROAD FORM PROPERTY COMBINED
UAMAGE
I� INDEPENDENT CONTRACTORS
X❑ PERSONAL INJURY
PERSONAL INJURY $
AUTOMOBILE LIABILITY _ BODILY INJURv
(IACHPERSON) $500
COMPREHENSIVE FORM BODILY INJURY $ 500�'�'.,,
® OWNED (EACH ACCIDENT) r,
® T-CAP-180T618-4--83 6-1-84
y� HIRED PROPERTY DAMAGE $
,J NON OWNED HODIL Y INJURY AND •�P
PROPERTY DAMAGE $ ~�
EXCESS LIABILITY COMBINE[)
BODILY INJURY AND
❑ UMBRELLA FORM $ $ "''' OTHER 9 PROPERTY DAMAGE
+Er ❑
FORM COMFINED
WORKERS'COMPENSATION
and slATuroRv
B EMPLOYERS' LIABILITY TDRK-UB180617-2-83 6-1-84 100.,
OTHER ni r n ;.i! '
IF
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES
`r Additional named insured: The City of Tamarac its officers, agents
and employees as respect to cable work
installation
Cancellation. Should any of the above described policies be cancelled before the expiration date thereof, the issuing com-
pany wilVJ=XKW to mail -30— days written notice to the below named certificate holder,.N G =1Kr3fXbt
� Xx�e��ec���np�e�a��i��ax�a�gx,�caarr;r4xl�rac>�cr���,x
NAME AND ADDRESS OF CER'F 11'tCATE HCJLf,EP. ~-T
The City of Tamarac its officers,
agents and employees
5811 N.W. 88th Avenue
Tamarac, Fla, 33321
--ATT - City__Kanazer_.
5 ACORD 25 (1-79) —
DATE ISSUED:_.... / —Z / —
AUTHORIZED REPRESENTATIVE
x>w . ,.:
,
G..
6
crolrd.
•- NAME AND ADDRESS OF AGENCY
rT . �•,!RrcY .,.,p�.,. ,...Irr„�,� �V!??±�`?...;,,�M"!�y`pa'�S-°,??�F.'iiFy`?"rw'u"!."cu "?"�'i.,.wr?�Ar�w�;
h
r'r
IBI
N ti i
A
.u+.X.. a...:a; -„�w k+, c,�•.••"' rr r� �•;v„�. ..�E.
`"r� t'' •t. 1 d T, . t. , r l .' -
ry
'e e' 4 wr :+r.
.N.:. � diFx. r'� +±��5� � . 'Im ;•?: ,'
:l . Y .rw .' ,�
.�� . , N. ..t. •'c .
COMPANIES AFFORDING COVERAGES
r Beltran/ A & A
7000 S.W. 97th Avenue
COMPANLETTERY A Western
World
! Miami, Fla. 33173
COMPANY
LETTER LJ
NAME AND ADDRESS OF INSURED
COMPANY C
LETTER
Lennar Corp. and U T A Cable Corp,
e
� 700 N.W. 107th Avenue
COMPANY D
LETTER
Miami, Fla. 33172
i;
COMPANY
LETTER
r This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any
the insurance afforded by the policies described
requirement, term or condition
herein is subject to all the
of any contract or other document with respect to which this certificate may be issued or may pertain,
terms. exclusions and conditions of such policies.
Limits of Liability
in thnuEACH_sands
(000)
COMPANY
LETTER
TYPE OF INSURANCE
POLICY NUMBER
POLICY
EXPIRATION DATE
OCCURRENCE
AGGREGATE
GENERAL LIABILITY
BODILY INJURY
$
$
❑ COMPREHENSIVE FORM
?"
❑ PREMISES —OPERATIONS
PROPERTY DAMAGE
$
❑EXPLOSION AND COLLAPSE
5'j
HAZARD
❑
---
UNDERGROUND HAZARD
❑PFRODUCTS/COMPLETED
OPERATIONS HAZARD
BODILY INJURY AND
Ji :'
❑ CONTRACTUAL INSURANCE
PROPERTY DAMAGE
$
$
',.
❑ BROAD FORM PROPERTY
COMBINED
DAMAGE
❑ INDEPENDENT CONTRACTORS
❑ PERSONAE INJURY
PERSONAL
INJURY
$
AUTOMOBILE LIABILITY
(EAC Y INJURY
(EACH PERSON)
$
••
❑ COMPREHENSIvt FORM
BODII Y INJURY$
(EACH ACCIDENT)
s
❑
•'rL,
f�.
OWNED
❑
PROPFRiV DAMAGE
$
t'
HIRED
❑
BODILY IN.I LIRY AND
$
NON -OWNED
PROPFFRiYUAMAGE
��-
COMBINED
n
EXCESS LIABILITY
M
8 4
BODILY INIOR)'hNU
V
1,000
UXL09384
6 - 1-
PROPERTY DAMAGE
$1,000
$
�r! A
X UMBRELLA FORM
❑ OTHERTHAN UMBRELLA
COMBINED
y,
FORM
WORKERS' COMPENSATION
STATUTORY
v;';,.i':'+..'`,'!%' •"..'
,a
and
`
$
gg
EMPLOYERS' LIABILITY
Lr'' "" ON N''
�r'�
OTHER
_jESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES
Additional named insured: The City of Tamarac its officers, agents and
employees as respect to cable work installation
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing Com-
pany willX%*NX(XAX mail —30 days written notice to the below named certificate holder, kodkk =to
NAME AND ADDRESS OF CE RT IF ICAT E HDLE107,
The City of Tamarac its officers,
agents and. employees
5811 N.W. 88th Avenue
Tamarac, Fla. 33321
ATT: City Manager
ACORD 25 (1-79)
DATE ISSUED:_ I—L /
A41Tw]nRvZFD REPRESENTATIVE
EXHIBIT "7"
ACCEPTANCE AND AGREEMENT
OF
U.T.A. CABLE CORPORATION
The undersigned, U.T.A. Cable Corporation ("UTA") in
accordance with the terms and provisions of Section 10 of the
Franchise Agreement, Exhibit A to Ordinance 83-�, (the
"Ordinance") of the City of Tamarac (the "City"), hereby accepts
the community antenna television system franchise granted by
the City and agrees to be bound by and to comply with and do
all things required by the provisions of the Code of the City
and the Ordinance..
UTA further agrees the community antenna television
system shall be used and operated solely and exclusively for the
purposes expressly authorized by the Ordinance and no other
purposes whatsoever.
IN WITNESS WHEREOF, the undersigned has executed this in-
strument the 28th day of September, 1983.
Signed, sealed and delivered
U.T.A. CpZa C ORATION
By
ALLAN . PEKOR, Vice President
STATE OF FLORIDA
COUNTY OF DADE
The foregoing instrument was acknowledged before me this
28th day of September, 1983 by Allan J. Pekor as Vice President of
U.T.A. Cable Corporation, a Florida corporation, on behalf of the
i
corporation.
YJOThRY PUBI.lG STATE OF iLORIDA A�
MY COWAISSICM E01ju s O'k 1.49 i ubliC
BONDED THRU GENERAL INS. UNDERWR ar y/
t c' C�3a 00
5
NO
bal 0011)a
City of Tamarac
5811 N.W. 88th Avenue
Tamarac, Florida 33321
Re: City Temporary Ordinance No. 1056
U.T.A. Cable Corporation
CATV Franchise
Gentlemen:
Lennar Homes, Inc., agrees upon request of the City
of Tamarac to amend Stipulation No. 12, paragraph 4(a)
in the case of Leadership Housing Systems, Inc. and
Simon Zunamon, as Trustee against the City of Tamarac,
(Case 72-11731 in the 17th Judicial Circuit, Broward
County, Florida) regarding the 5% franchise fee in
accordance with paragraph 8 of the U.T.A. Cable
Corporation Franchise Agreement, Exhibit "A" to City
Temporary Ordinance No. 1056.
MES/gs
Very truly yours,
LENNAR HOMES, INC.
By
M. E. Saleda
Vice President
EXHIBIT "8"