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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1983-044Introduced by: I/ Temp. ## I056 1 2 3 4 1 i 8, 10 11 12 13 16 ry F1l 22 23 24 25 26 27 28 29 I LJ 32 33 34 is 36 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. 1 Temp. #'1056 c E i E c 1c 1] 12 12 14 15 16 .7 i8 19 20 21 22 23 24 25 26 27 28 I'q 31 32 33 34 35 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 3 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"