HomeMy WebLinkAboutR-1984-010 l
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RESOLUTION NO. 10-R4
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A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THE LEASE AGREEMENT BETWEEN THE
CITY OF DANIA AND FLORIDA GOLD COAST CABLE
TV, INC. , D/B/A BROWARD CABLEVISION; AND j
AUTHORIZING AND DIRECTING THE EXECUTION OF
SAME ; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
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FLORIDA:
Section 1. That that certain Lease Agreement by and between
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the City of Dania and Florida Gold Coast Cable TV, Inc . , d/b/a
t BROWARD CABLEVISION, a true 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 hereby authorized
Iand directed by the City Commission to execute said contract .
Section 2 . That all resolutions or parts of resolutions
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in conflict herewith are hereby repealed to the extent of such
conflict . *�
Section 3 . This resolution shall take effect immediately
upon its passage and adoption.
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PASSED AND ADOPTED this 28th day of February, 1984 .
MAY"MMISS10
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ATTEST :
LZCLERK %DITO I
' CITY CLERK-AUDITOR
APPROVED FOR/FORM AND CORRECTNESS
B � L
FRANK C. ADLER, City Attorney
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L E A S E
THIS AGREEMENT, made and entered into this 28th
day
of _ February , 1984, by and between the CITY OF DANIA,
a Florida municipal corporation, hereinafter referred to as
"Lessor", and FLORIDA GOLD COAST CABLE TV
INC. , a Florida �
corporation, d/b/a BROWARD CABLEVISION, hereinafter referred
to as "Lessee":
WITNESSETH, that the said Lessor does this day lease
unto said Lessee, and said Lessee does hereby hire and take f
as tenant under said Lessor the property described as follows,
to-wit:
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An area of approximately 15 square
feet on Lessor's water tower situated
near the Southwest corner of Southwest
4th Avenue and Stirling Road in Dania,
Broward County, Florida; at a minimum
height of 80 feet above ground level,
j together with a 4-foot wide path from
the base of the tower to the nearest w»a
telephone pole and an area of 20
square feet at the base of the tower,
to be used and occupied by the Lessee for the purpose of in-
stalling and maintaining equipment for the reception of cable
television signals, said equipment including but not limited
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.,. to, a microwave dish, cable conduit and related equipment,
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and for no other purposes or uses whatsoever.
This Lease shall be for a term of fourteen (14) years,
beginning March 7, 1984, and terminating March 6, 1998 .
Rental payments of $350.00 per month are due on the 15th
of each and every month during the first five (5) years of
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this Lease, beginning March 15 , 1984 . Effective March 15,
1989, rental payments shall be increased to $450 .00 per
month through March 15, 1994, when said rental payments shall
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be further increased to $550.00 per month. The foregoing is
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the minimum rental rate. If the increase in the cost of
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1000)
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living for the last year of the expiring five (5) year period
prior to the increases set forth for March 15, 1989, and
March 15, 1994 , as evidenced by the Consumer Price Index
for Urban Wage Earners and Clerical Workers as published in
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the Monthly Labor Review of the Bureau of Labor Statistics,
be in excess of the rental rate increase specified herein
for March 15, 1989, and March 15, 1994 , then, and in that event,
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ithe rental rate shall be adjusted to match the percentage in-
crease in the Consumer Price Index over that five (5) year
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period.
The following express conditions and stipulations are made !'
a part of this Lease and are hereby assented to by the Lessor
and the Lessee: }
FIRST: The Lessee may assign this Lease with the written k
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consent of the Lessor, which consent shall not be unreasonably
withheld. i
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SECOND: All equipment, personal property, and fixtures
placed or moved in the above-described demised premises by
Lessee shall remain the sole property of Lessee and Lessee
shall be solely responsible for said equipment. Lessor shall
not be liable for an damage to property p Y g pro ert of Lessee laced on j
the premises by Lessee. Lessee shall be permitted to place
any and all equipment allowed by applicable laws on the demised
premises.
THIRD: If any governmental body having jurisdiction over
the operation of cable television microwave equipment by Lessee
shall determine Lessee's operations under this Lease to be in
violation of applicable laws, then, and in that event, this
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Lease shall terminate immediately upon notice by said body to
Lessee of said violation.
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FOURTH: Lessor agrees to allow Lessee access to the demised
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property on a 24-hour basis. The exact location of Lessee 's
equipment on Lessor 's property shall be determined by Lessee
with the consent of Lessor, which consent shall not be unrea-
sonably withheld.
FIFTH: It is understood and agreed bet,.ieen the parties
hereto that time is of the essence in his Lease and this ap-
plies to all terms and conditions contained herein.
IN WITNESS WHEREOF, the parties hereto have hereunto
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executed this instrument for the purpose herein expressed,
the day and year first above written. j
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Signed, sealed and delivered LESSEE
in the presence of : BROWARD CABLEVISION, INC.
RONALD S. HREN
Vice President j
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LESSOR
CITY OF DANIA, a Florida municipal
- corporation
By: u�y � _
CHESTER BYRD
I Mayor-Co mmiss oner
ATTEST:i
���-,-•�,Ci���'t(/ice/�2
WANDA MULLIKPN
City Clerk Q
RICHARD MARANT
City Manager
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2/22/84
FN 9697C This instrument was prepared by
ARCIIIE J. RYAN
,700 East Dania Beach Bird,
Dania, Florida 33004
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