HomeMy WebLinkAboutR-1992-069 f RESOLUTION NO. 69-92
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THE AGREEMENT BETWEEN THE CITY OF
DANIA AND SELKIRK COMMUNICATIONS, INC. , AND
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
EXECUTE SAID LEASE AGREEMENT; AND PROVIDING
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FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1 . That the certain Agreement between the City of
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Dania and Selkirk Communications, Inc. , a copy of which is
attached hereto and made a part hereof as Exhibit "A", be and the
same is hereby approved and the appropriate city officials are
directed to execute same.
Section 2 . That this resolution shall be in force and take
effect immediately upon its passage and adoption.
PASSED and ADOPTED this 12 day of MAY 1992. `
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i MAYOR - CQ' ISSIONER
ATTEST:
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CITY CLERK - AUDITOR
APPROVED AS TO FORM AND CORRECTNESS
By G% --
FRANK C. ADLER, City Attorney
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69-92
Resolution No. f .
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RIGHT-OF-WAY AGREEMENT
This Agreement betwee
Thn the CITY OF DANIA, FLORIDA
is an
("Cityis a muncipa1 corporation and SELKIRK COMMUNICATIONS,
INC. ("Selkirk") . 4
WHEREAS, Selkirk is a cable television service provider in
the City of Fort Lauderdale, Florida and the City of
Hallandale, Florida; and
WHEREAS, Selkirk desires to upgrade the cable television
by
service provided to the City the Of Hallandale
television service in g the
fibre optic cable ("cable")
with the Selkirk cables ta_avision base
City of Hallandale i
located in the City of Fort Lauderdale; and f .
of Dania is geogphiall locaed
WHEREAS, the oftyFort Lauderdale baseraandc the City tOf
between the City
Hallandale; and
WHEREAS, certain right-of-way in the City e Dania is
cablle
needed by Selkirk to connect the fibre optic from Fort
Lauderdale to Hallandale;
n consideration of the mutual
contained her in, the parties agree asnfollowts s;represe hereby
representa-
tions r
The above recitals are true and correct and are reby
1 ' reference.
� incorporated by -`_
Z , For the right to utilize certain right-of-way, more
particularly described in Exhibit "A" attached hereto � -
I and made a part hereof, located in the City of Dania,
Selkirk shall pay the City an annual fee of $s .00 per
utility pole used in this right-of-way. This fee
shall be payable on the anniversa hefpartiesa to his
Agreement was fully executed by
Agreement.
3 , Selkirk shall furnish to the City a certificate of
liability insurance in an amount not less than
,000 indemnifying the City against all claims
$1, 500
arising from the construction or installation of such (:
cable.
q , For any cable that is installed over or through any
all
City right-of-way, Selkirk shall first and allainother
required permits from the City
applicable governmental agencies.
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5. All work performed within any City right-of-way shall
;- be performed by a contractor licensed by the State of
Florida and will be done in accordance with all
applicable laws, ordinances, rules, and regulations of
the City, Broward County and the South Florida � •_
4. Building Code.
6. In the event of widening, repair, or reconstruction of
any City right-of-way subject to this Agreement,
Selkirk shall move or remove its cables upon written
notice from the City and at no cost to the City. In
the event that Florida Power and Light should
eliminate utility poles utilized by Selkirk and
provide underground service, Selkirk hereby
acknowledges that it shall have no right to continue
to utilize such poles and shall place its cable in the
new underground system at no cost to the City.
7 . Selkirk shall install and maintain its wires, cables,
fixtures and other equipment in accordance with the
requirements of the National Electric Safety Code
promulgated by the National Bureau of Standards and
the National Electrical Code of the American Insurance
Association and in such manner that they will not
interfere with any installations of the City or of any
public utility serving the City.
B . Selkirk acknowledges that for fifty-seven (57) of the
utility poles to be utilized, the size of the existing
pole may not accommodate an additional installation.
Selkirk agrees that with regard to these fifty-seven
(57) poles which are specifically identified in
Exhibit "A", Selkirk shall, in the event that the City
needs to provide additional capacity for the City's
i own use, replace at its own expense any of the
identified poles with new poles which will provide the
City with the additional capacity it needs for its own
use. `
9. Selkirk shall at all times employ due care and shall
' install and maintain in use commonly accepted methods
and devices for preventing failures and accidents
which are likely to cause damage, injuries, or
nuisances to the public.
10. All Selkirk structures, lines, equipment and
connections in, over, under, and upon the streets of
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the City wherever situated or located shall at all
times be kept and maintained in a safe and suitable
condition and in good order and repair.
11 . At all times after the effective date of this
or
agreement, the City and/or its agents, employeesboth I
designated engineers may inspect all property,
real and personal, owned by or operated by Selkirk,
j utilizing city with hts-of-way to ascertain theterms of this agreement.
Selkirk
is complying II
12 , Selkirk shall pay to the City within thirty (30) days
after this Agreement is fully executed, an annual fee
of $8 . 00 per pole utilized by Selkirk within the
rights-of-way of the City and this amount shall be
paid annually thereafter by Selkirk to the City on the
anniversary of the date tthihe sgreemeement was fully
executed by the parties
ffect
13 . This Agreementshall ands may bebe renewedin fullo in itsd present
for five (5) years ditional five (5) year periods, at the
form for ad
f Dania, for the length of the
discretion of the City o
he City of Hallandale and any
Selkirk franchise with t
the City desires to cancel
extensions thereto. If
this Agreement upon the expiration of any five (5)
year period, it shall provide written notice to the
General Manager, Selkirk Communications, Inc. , 644
South Andrews Avenue, Fort Lauderdale, FL 33301 at
least six (6) months prior to the expiration of the
five (5) year period.
to the City a one-time
14 . Selkirk shall pay
administrative processing fee of $1,000. 00 at the time
this Agreement is fully executed by the parties.
IN WITNESS WHEREOF, the parties have executed this
ctive date of this
Agreement.
the last party to the Agreement executes ethis Agreement.ment shall be datthe _
CITY: �•, x
j WITNESSES:
CITY OF DANIA, a municipal
corporation of the State of
Florida
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By:
Bill H d
Mayor-Commissioner
Date: G���
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By:
Robert F. Flatley
City Manager
Date: 6f1�9
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ATTEST: !
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Wanda Mullikin
City Clerk-Auditor
/i Date: ce
Approved as to form and
correctness
Frank C. Adler
City Attorney
Date
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WITNESSES: SELKIRK: I
I SELKIRK COMMUNICATIONS
INC. , a Florida corporation
By: Y/G
Richard A. Kreeger
Vice President and
General Manager
Date:_-w/o-
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