O84-29 AN ORDINANCE OF THE CITY CO6NCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA, GRANTING
A NON-EXCLUSIVE LICENSE TO ACCESS CABLE
OF WEST BOYNTON, INC., TO OPERATE A
COMMUNITY ANTENNA TELEVISION SYSTEM WITHIN
CERTAIN AREAS OF THE MUNCIPAL LIMITS OF
THE CITY OF BOYNTON BEACH; PROVIDING THE
TERMS OF SAID LICENSE; PROVIDNG FOR A
RE~ CLAUSE~ AND A SEVERABILITY CLAUSE;
~G~AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, ACCESS CABLE OF WEST BOYNTON, INC., a Florida
Corporation, has requested a non-exclusive license to furnish
cable television to certain areas of the City of Boynton Beach,
Florida; and
WHEREAS, the City Council has determined that it is
in the best interests of the municipality to authorize installati¢
of a community antenna television system for the use of residents
and inhabitants of said City; and
WHEREAS, the application attached to this Ordinance as
Exhibit "A" has been reviewed by the City Council; and
WHEREAS, a review of the application is found to be
in conformity with the provisions of Chapter 7A of the Code of
Ordinances, City of Boynton Beach, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE CIT~ COUNCIL OF
THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1: ACCESS CABLE OF wEsT BOYNTON, INC. has
submitted an application for the privilege of conducting communit,
antenna television systems within the City of Boynton Beach (said
application is attached hereto as Exhibit "A" of said Ordinance
and made a part hereof by reference). Said ACCESS CABLE OF WEST
BOYNTON, INC. is hereby granted and awarded a non-exclusive
license to construct, license, operate and maintain a community
antenna television system within a certain area of the City as
described in Exhibit "A" for a period of twenty (20) years from
the effective date of this Ordinance, in strict compliance with
the terms and provisions of the aforesaid application and in
strict accordance with the provisions of Chapter 7 of the Code
of Ordinances, City of Boynton Beach, Florida, which provisions
are hereby adopted by reference and made a part of this Ordinance
and the license hereby awarded.
Section 2: That all ordinances or parts of ordinances
in conflict herewith are hereby repealed.
Section 3: Should any section or provision of this
Ordinance or a portion thereof be declared by a court of competent
jurisdiction to be invalid, such decision'shall not affect the
remainder of this Ordinance.
Section 4: This Ordinance shall become effective
immediately upon passage.
FIRST READING this
1984.
day of ~.
SECOND READING and FINAL PASSAGE this
/
ATTEST:
day of
CITY OF BOYNTON BEACH, FLORIDA
MEMBER
(2)
BOYNTON BEACH CATV FRANCHISE ~PPLICATION
Name, Addre~~.'~nd Telephotme Number of Applicam){:
Access Cab~le of West Boynto.r~., Inc.
3505 N. Co])gre~ Avenue
Boynton Beach, Florida 33435
(385) 736-0107
N~ames and ~ddresses of Directors, Stockholders and Officers:
GORDON SHERMAN, Pres-ident, Dir'ector and Stock-holder
Suite 663
4770 Biscay~)e B]¥do
Mi ami, FL 33t37
MITCHELL ~.UBENSTEIN, Vice President, Director and
S toc kho ! de r
2080 West Glades Road; S~uite 206
Boca Raton, FL 33431
ANGELO PODES, Vice President, Director and Stockholder
7901 Bay Meadows Circle East
Jacksonville, FL 32216
LAURIE S. SILVERS, Secretary, Director and Stockholder
2000 West Glades Road, Suite 9_06
Boca Raton, FL 33431
PETER KLEIN, Treasurer, Director a~d Stockholder
48 Mt. Sumner DriYe
Bolton, CT 06040
JAY HASNER, Director
818 U.S. Highway O~e
North Palm Beach, FL
33408
(See Exhibit "~.", biographies on the above individuat.~)
Names and Addresses of Operators and Associates:
GORDON SHERMAN
Office:
Suite 663
4770 Biscayne Blvd.
Miami, FL 33137
9350 W. Bay Harbor Drive
Bay Harbor Islands,-FH
33154
MITCHEL~'RUBENSTEIN
Office -.
2000. West Glades .Road, Suite 206
Boca Raton,--FL 33431
Home:
3543 S.-Ocean--Blvd.
South-Palm Beach,-FL
33480
ANGELO PODES
Office;
6-301 Powers Avenue
Jacksonville, FL
32117
['{0 Ille;
7901 Bay Meadows Circle" East
Jacksonville, FL 32216
LAURIE S. SILVERS
Office:
2000 West Glades Road, Suite 206
Boca Raton, FL 33431
Home;
20090 Boca ~e~t Drive
Boca Rato~, FL 33431
'PETER KLEIN
48 Mt. Sumner Drive
Bolto-n, CT 06040
Names and Addresses o'f Parent and/or Subsidiary Companies:
NONE
Names and Addresses of Legal Counsels a~d Accounting Firm:
General Counsel
Rube. stein& Silvers, P.A.
NCNB Bank Buildin9
2000 West Glades Road, Suite 206
Boca Raton, FL 33431
FCC
Fly, Shuebruk,. Gaguine,. Bo.r,o,.s, Shulkind & Braun
1211 Connect~cuf Avenue, N.W.
WasJ~ington, D.C. 20036
Certified Public Accounting Firm
Alexa~der Grant & Co., C.P.A.
1000-Bricke~t Avenue
Miami, FL 33131
2. Description of the Proposed CATV System:
Access Cable of W~.st Boymton, Inc., a Florida corporation
{"Access Cable"), the applicant, proposes to develop and construct
a first-class cable television system (the "System") to serve The
Meadows 300, a planned-unit development located within the city
limits of Boynton Beach, Florida and The Boynton Beach Distribution
Cemter, also located within the city -3~i.mits of Boymtom Beach,
-Florida. The System will have 54-chan~el capacity a,d will have
bi-directional signal capability; all cable and wire pla-mt will be
placed underground. Ail the equipment and facilities used to
construc't the System will be new and of first-rate quality amd
depe ndab i 1 i ty.o
The System will have a 24- h.our re! epbone number for
subscribers to call to report service problems, ask questioms or
place program orders. Access Cable will use its best efforts to
respond to trouble calls .within 24 hours of receipt during business
hours on weekdays. Access Cable will have a reasonable period of
additional time within which to respond if deta~ .is caused by
circumstances beyond the control of Access Cable.
Programming services to be initially offered:
I. Basic CATV Service: The basic cable televis~ion
programming service ("Basic CATV Service") which shall be offered
by Access Cable to its subscribers will include:
a. The following 12 over-the-air channels:
7.
8.
9.
10.
11.
12.
~?BT (PBS), Channel 2 Miami
WTVJ (CBS), Channel 4 Miami
%~TV (NBC), Channel 5 West Palm- -Beach
WSVN (NBC}, Channel 7 Miami
WTVX (CBS), Channel 34 Ft. Pierce (if
able to be picked up .by antenna)
WPLG (ABC), Channel 10 Miami
WPEC (ABC), Channel 12 West Palm Beach
WHFT (tnd), Channel 45 Miami
WHRS (PBS), Chan,el 42 Boynton Beach
WFL~ (Ind), Cha,nel 29 West Palm Beach
WI(ID (Ind), Channel 51 Ft. Lauderdale
WLRN (PBS & Weather Radar), Channel 17
Miami;
-3-
pt us
b. the followi, ng three satellite signals:
. 1.
~BS - Turner Super Station
CNN - 24 hour' news
The Weather Channel - 24 hour
weather;
p1 us
c. At the time that Access Cable attains five
hundred (500) subscribers, Access Cable shall, at
its sole cost and e)cpense, introduce (as part of the
Basic CATV Service and for no additional charge to
subscribers )-a Boyn%on Beach Community Channel, such
community channe! to include local video- taped add
live programmi~ag covering Boynton Beach and Palm
Beach County community affairs , local political
events, local economic news, educational matters,
local medical and health news, homeowner association
events, and the like. This community cha~nel will
not merely be a character generated community
channel which s-bows print - to -viewers, but rather
will include, tele,ision programming specially geared
-to the Boynton Beach resident who is subscribing to
Access Cable's programming.
II. Super Cable Programming: In addition, Access Cable
will be Offering to~ subscriber.s of Basic ~CATV~ Se'trice 'optional
super cable television programming ( "Super Cable" ) which shall
consist of the follow-lng eight (8) satellite signals:
2.
3.
4.
6.
7.
8.
ESPN - 24 hour sports
USA- Sports and Entertainment
CNN-2 - Headline news service
C-SPAN- Live coverage of U.S. House_of
Representatives
Nickelodeon - Children's programming
Nashville Network - Country music format-
Music Television- Music entertainment
Lifetime - Variety of Entertainment
programming
III. Pay TV Programming: Access Cable will also offer to
subscribers., of Basic CATV Service optional pay cable television
programming--("Pay TV") which wil~ include at least the following
satellite signals:
2.
3.
4.
Home Box Office (HBO)
Showtime or The Movie Channel-
Cinemax
The Disney Channel
-4-
The channels and services to be provided shall not be
inconsistent with the Rules and Regulations of the Federal
Communications Commission. An~ substitution of programming will be
for comparable programming. Channels not operating full-time may
be consolidated. .
Additional optional services will be provided by the
System once there is adequate demand for same.
3. Location and Technical Description of the System:
The System is to be initially located substantially
within the perimeter of The Meadows 300 planned unit development
which is located within the city limits of Boynton Beach, and the
system will be constructed as the Meadows 300 development is
developed. The System will also be located within the perimeter of
The Boynton Beach Distribution Center and will also be constructed
within that development as it is developed. The map attached
hereto as Exhibit "B" outlines the area within which the proposed
System will be installed and constructed. The System will have
burial installation of a cable wire capable of withstanding the
high water table common to the South Florida area. A JB type cable
(i.e.: JB type is a jacketed cable prepared for burial
installation) with a standard aluminum sheathing covered by a
viscous flooding compound and a black polyethylene jacket will be
used. The cable brand will be Times Fiber, size JBb00 and JB750.
This type of cable has been found to be the best for this type of
environmental condition and is of first class quality. The
polyethylene jacket is inert and should not react with or be
degraded by salt 'water or-salt air environments. The distribution
network will consist of coaxial cables (and associated electronic
amplifiers) which originate at the headend facility and will branch
out to the different sections within The Meadows 300 and The
Boynton Beach Distribution Center. The electronics-used will be
Magnavox, 400 MHz designed for 54 channels and two-way capacity~
The connectors will have the following features: tapetype; the
brand: Gilbert; splicing will be MTI specifications and will feed
through on taps pin type on actives. The headend is anticipated to
be situated within the area described in Exhibit "C" (located
within The Boynton Beach Distribution Center, which location is
zoned MI and specifically allows for such electronic equipme2nt and
receiving facilities to be located within its boundaries) and will
include a tower of not more than 65 feet in height from ground
level, the satellite receiving dishes necessary to receive the
above-mentioned satellite programming, and a building to house
tools, supplies and electronics. The equipment to be used for
Access Cable's headend facility is described in Exhibit "D" hereto.
All equipment used by Access Cable in connection with the
construction of the System will be of the highest quality and
performance; and all construction will be in accordance with al-t
applicable codes and ordinances. Any substitution of -equipment
will be made with equipment of comparable quality and performance
to the equipment specified herein.
-5-
The System is designed for back-.up power services. This
is designed solely for the purpose of alleviating service
interruption in the event of t~mporary power outages.
4. Utilities:
It is anticipated that no pole attachment agreements will
be necessary for the construction of the System because the cable
for the entire System will be .installed underground.
5. Description of Proposed Streets to be Crossed:
Access Cable shall initially only be serving The Meadows
300 development and The Boy, ton Beach Dis tributio~ Center;
therefore, th~ entire System is to be located within these two
developments except for certain of tl~e cable trunk lines which will
run along public streets between the headend site in The Boynton
Beach Distribution Center and The Meadows 300. The streets within
the developments will only be crossed by Access Cable as-necessary
to provide service to subscribers. As of the date of -this
application, all -of- the st-~.eets~ of The~-rMeadows- -300 and The Boynton
Beach Distribution Center are not yet developed, Specific ~design
drawings showing exact street crossings will be provided to the
City upon finalization of the design plans, which wil-1 occur before
construction of the System commences. Private easements from the
developers and associations of The Meadows. 300- and The Boynton
Beach Distribution Center necessary to construct ~,}~e System will be
granted to Access-Cable prior to commencement of installation of
the System. Copies of all easement, documents will be filed~ with
the City. · ........
6. Rates:
The initial charge for Basic CATV Servie~ will be $8°45
per month.- This rate for Basic CATV Service will not be increased
to the System's subscribers during the three year 'period commencing
on the date when programming is first supplied to a subscriber.
Super Cable programming will initially be offered at a rate of
$3.00 per month to subscribers. The initial rate for one Pay TV
signal-will be $1.0.35 per month. A complete rate schedule is
attached hereto .as Exhibit "F". During the construction period,
all new subscribers will receive free cable television installation
and 30 days free Basic CATV Service. A copy of the proposed
service agreement between Access Cable and its subscribers is.
attached hereto as.EXhibit "E".
7. Contracts with Utilities:
Currently there are no contracts or agreements between
Access Cable and any utility companies. Upon grant of the
franchise, Access Cable will seek to enter into joint trenching
agreements for the placing of the underground cables into the same
trenches that are used by the utilities for the placement of
underground utility wires. Copies of such completed contracts will
be filed with the City.
-6-
Agreements Regarding The Meadows 300 and The Boynton Beach
Distribution Center:
The property owners' association for The Meadows 300 and
the developer of-Th'e Meadows 300 have selected Access Cable as the
cable company they desire to provide cable television to The
Meadows 300 development.- A copy of .the Letter of Intent entered
into by and between Access Cable and The Meadows 300, Inc. is
attached hereto as Exhibit "G". A final definitive contract will
be executed by the parties within the very near future. Both
parties and their legal counsel are currently expending every good
faith effort to finalize the form of such contract as soon as
possible as per the terms of such Letter of Intent. A copy of such
completed contract will be filed with the City.
Boynton Beach Distribution Center Associates, the
developer of The Boynton Beach Distribution -Center, has also
selected ACcess Cable as the cable company it desires to provide
cable television related services to its Center. A copy of the
Letter of Intent entered into between Boynton Beach Distribution
Center Associates and Access Cable is attached as Exhibit "H"
hereto. A copy of the completed contract will be filed with the
City upon execution.
It is Access Cable's intention to purchase warehouse and
office facilities in The Boynton Beach Distribution Center and to
relocate its offices and storage areas to such location upon the
grant of this franchise and the completion of construction of such
facil.ity. -It is the further objective of Access Cable that this
Boynton Beach facility will become its national headquarters '
facility for its cable television business.
Access Cable does not have any agreements, written or
oral or otherwise, with any other firm, partnership, corporation or
individual with regard to this application or to the operation of
the System if the applicant is awarded this franchise.
9. Financial Statement:
Access Cable has adequate financial ability to complete
the construction and installation of the proposed System. In this
regard, please find attached as Exhibit "I" a copy of the financial
statement of Access Cable setting forth the financia~ condition of
Access Cable, which statement was prepared by Alexander Grant &
Co., C.P.A. Further, a surety bond from an insurance company will
be obtained prior to commencement of installation of each phase of
the System to fully guarantee the completion of installation of
cable equipment in such phase of the System. Access Cable will
obtain an additional surety bond in favor of the City of Boynton
Beach as required pursuant to Section 7-29 of Chapter 7 of the
Boynton Beach Code.
-7-
t0. Supplementary Information:
Access Cable is prepared to provide to the City such
additional, supplementary or other information as requested by the
City in connection with this applicatior~ for a franchise.
Respectfully submitted,
Dated'
May 8 ~ 1984
Access Cable of West Boynton, t~c.
EXHIBIT "A"
ACCESS CABLE OF WEST BOYNTON, INC.
The directors of Access Cable of West Boynton, Inc. are
Gordon Sherman, Peter Klein, Angelo Podes, Mitchell Rubenstein,
Laurie Silvers and Jay Hasher. Most are principals in a
partnership which owns and operates cable television systems
located in the suburbs of Indianapolis, Indiana. The following
is a brief biography on the principals of Access Cable of West
Boynton, Inc.
Gordon Sherman has been a broadcaster for over three
decades, starting with CBS, where he was first employed in 1944,
then in 1950 to his first owned radio station, WMAY in
Springfield, Illinois. He built WORL-AM and the powerful
WORJ-FM, Orlando, Florida, in 1957./ In 1958, along with the late
Mitchell Wolfson (founder of Wometco), Sherman purchased WMTV,
the NBC television station in Madison, Wisconsin. In 1961, he
purchased WROD, Daytona Beach, Florida and W~MB and WYRL in
Melbourne, Florida in 1964. In 1970, he built a new radio
station in Fort Lauderdale, Florida WAVS.
Mr~ Sherman was an officer for several years of the
Illinois Broadcasters Association, a statewide organization of
all the radio and television stations in Illinois, and served as
their president in 1962.
In 1972, he was elected chairman of the Broward County
(Fort Laude~dale-Pompano-Ho]lywood) Broadcasters Association. He
participated in the construction and ownership of a cable
television system in Jacksonville, Illinois in a joint venture
with National Trans Video Company (now Sammons), one of the
nation's largest cable companies. He has served as a consultant
to several cable television companies, including Capital Cities
Communication, wh~ch is also one of the nation's largest cable
companies.
Gordon Sherman has assisted in the pursu~.t of
franchises, notably the award of the Hollywood, Florida franchise
(currently 25,000 subscribers) in which Mr. Sherman is presently
a partner with the Storer Broadcasting Company, a large New York
Stock Exchange cable television company.
Peter Klein is a Vice President of Connecticut National
Bank where he specializes in loan-s to cable television companies.
Ne personally developed a cable television computer model for the
bank, which forecasts revenues, cash flow and source and
application of funds in cable television transactions. For five
years prior to joining the bank, Mr. Klein was a Financial
Analyst with The Travelers Insurance Company in their Private
Placement Division, where be analyzed and negotiated numerous
private placement loans, including many to cable television
customers. Mr. Klein received a Masters in Science and MBA
degrees from the University of Connecticut, and received his CFA
from the Institute of Chartered Financial Analysts in
Charlottesville, Virginia.
Mitchell Rubenstein and Laurie Silvers are attorneys in
the law firm of Rubenstein and Silvers, P.A. with offices in Boca
Raton, Florida.
Mitchell Rubenstein is a member of the New York and
Florida bars and is a member of the American Bar Association and
the Palm Beach County Bar Association. Mr. Rubenstein received
his law degree from the University of Virginia School of Law and
also received a Masters in Tax Law degree from New York
University School of Law. He has served as Research Assistant to
Professor Boris Bittker of Yale Law School. In addition, Mr.
Rubenstein is a founder of the Mt. Sinai Medical Center of
Greater Miami.
Laurie Silvers is a graduate of the University of Miami
School of Law. She won the American Jurisprudence book award for
Trust and Estates as well as receiving placemegt on the Dean's
List while at the Law School. She was a law clerk to the
Honorable Milton Friedman, Circuit Court Judge in Dade County.
She has been profiled in Who's Who of American Women, and~ in
addition to her law practice, has been an active supporter of
Palm Beach County public television and has served as a member of
the Board of Directors of WHRS-TV, the public television station
serving Palm Beach County, Florida. She is also the producer and
moderator of the weekly program "Your Legal Forum" sponsored by
the Palm Beach County Bar Association on WPBR in Palm Beach
Florida. '
Angelo Podes is a successful real estate and
electronics entrepreneur operating-PrincipallY' from J&-cksonville,
Florida. Mr. Podes has, since 1940, owned and opgrated several
businesses, including Empire Video, Inc., a large television tube
manufacturer, which Mr. Podes recently sold in order to devote
more time to expanding his interests in cable television.
Jay Hasher is Executive Vice President of the Hasco
Companies, which are engaged in the development of single-family
homes, multi-family homes, office buildings and shopping centers,
including the development of the Baytree and Willowbrook
subdivisions in The Meadows 300 in Boynton Beach.
Mr. Hasner, a Florida certified residential contractor
and state licensed real estate broker, is a member of the Cable
Television Task Force Committee of Palm Beach County. In
addition, Mr. Hasher is active in the Home Builders & Contractors
Association of Palm Beach County, serving presently as its Vice
President and as a member of its Board of Directors, as well as
being Chairman of the following committees: Finance, Building,
Energy/Codes, Membership Steering and Housing Cost Task Force,
and Vice Chairman of its Governmental Affairs Committee. He is
on the Board of Directors of both the Florida Home Builders
Association and the National Association of Home Builders. He is
a member of the Palm Beach County Consumer Affairs Hearing Board,
the Palm Beach Gardens Site Plan ad Appearance Review Board, and
the Palm Beach Gardens Comprehensive Land Use Plan Committee.
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EXHIBIT "D"
HEADEND EQUIPMENT
12
15
~5
3
':I. 8
8
200 -
80 ft
3
1
!
!
1
3
12
6130 Processor, s
6650 Receivers
6350 Molulator, s
Combining network, s
Rack's
Rack adaptors
Power inserter' s
AC strips
spliters
59 connectors
59 cable
LNC's ~
Antennas _ all band
Headend building
Air conditioner
Self-support tower 50'
Cement and rod ' s
Character generator/w molula%or
~ishes 4.6.meter w/dual beam feed
wegner Receiver for MTV
By pass filters
Multi level encoders
EXHIBIT "E"
ACCESS CABLE OF WEST BOYNTON, INC.
350~,N. Congress Avenue
Boynton Beach, FL 33435
(305) 736-0107
CABLE-._.TELEVtSION.~SUBSCRIPTION AGREEMENT
Name of Subscriber:
Address:
Telephone Number: Residential:
Unit Number:
Zip Code:
Work:
Date of Installation:
No. of Outlets:
Service Requested:
Basic CATV Service:
First Outlet:
Additional Outlets:
Super Cable:____
Pay TV:
HBO:
Showtime:___
Cinemax:
The Disney Channel:____
Converter Security Deposits:~
'Charge $
Sub Total $
8.45
Tax
Total Due $
During the period of the construction of the cable
system, (a) the subscriber shall be entitled to free installation
for the first outlet and any additional outlets installed at the
same time as the first, and (b) the first 30 days of Basic CATV
Service is free to new subscribers. The Basic CATV Service rate
of $8.45 for one outle~ is guaranteed to subscribers for three
years from the date 'that Access Cable began to provide cable
television programming to subscribers in the Meadows 300
development.
This Subscription Agreement for cable television
services shall be in e~fect immediately upon signing by the
Subscriber and shall r~main in full force and effec~ until
cancelled by SubsCriber by written notice to Access Cable.
Subscriber ~cknowledgeS that all equipment installed shall remain
the property of Access Cable and Subscriber will not damage,
alter, mutilate or des
cancel this Subscripti,.
shall return the equipl
permit Access Cable to
equipment of Access Cal
All converte
Subscriber in the even
equipment to Access
troy the equipment. Access Cable may
)n Agreement at any time, and Subscriber
,ent to Access Cable on demand or shall
enter Subscriber's premises to remove the
~'le.
"security deposits shall be forfeited by
of Subscriber's failure to return the
e upon the termination of this Agreement;
or if 'the equipment is returned in damaged condition.
Subject ott terms of applicable law, all charges and
rates are subject to c by Access Cable without notice. All
payments are due monthly, in advance.
Agreed to:
Subscriber
Date Signed
EXHIBIT "F"
RATE SCHEDULE
TYPE OF SERVICE
INSTALLATION
CHARGEF
Basic CATV Service:
First Outlet
(Free installation
during system
construction)
MONTHLY
SERVICE RATE
(b) Each Additional Outlet
(Free installation if
ordered with first
installation)
$20.00 88.55
Super Cable
(a) First Outlet
(Free installation
during system
construction)
(b) Each Additional Outlet
(Free installation if
ordered with first
installation of
Supez Cable)
$!5.00 $2.50
$9.95 $3.00
$3.95 $2.50
Pay TV:
Home Box Office
Showtime or Movie ChanDel
Cinemax
The Disney Channel
(Free installation during
system construction or if
installed-at the same .time as
installation of Basic CATV
Service or Super Cable)
$9.95 $10.35
$9.95 $10.35
$9.95 $10-.35
$9.95 $10.35
For more than one Pay TV service, there shall-be "package
discounts" offered as an incentive-for subscribers to subscribe
to more than. one service. There maybe commercially and
reasonable charges for additional Pay. TV outlets.
Notes:
.Applicable taxes will be paid by.subscribers.
Rates'for commercial users may. vary from above.
Converto.rs:
A refundable deposit of $25.00 will be required-for each
convertor to insure.against damage or loss.
Special Services:
There may be additional commercially reasonable charges, and
deposits for special services and/or special equipment (i.e.,
remote .control convertors, FM stereo, etc.).
EXHIBIT "G"
The Meadows 300 Inc.
P. O. Box 15468
West Palm Beach, Florid~
March 7, 1984
Access Cable of West Boynton, Inc.
2000 West Glades Road, Suite 206
Boca Raton, Florida 55451
Re: Cable Television Services to be Provided by Access
Cable of West Boynton, Inc. ("Cabl~vision") to The
'Meadows 500 Development ["The M~adows")
Gentlemen:
This letter shall serve to evidence the intent of Cablevision and
The Meadows 500, Inc., a Florida not~for-profit corporation, to
enter into a contract for cable television services to be provided
by Cablevision to The Meadows, a planned unit development in the
City of Boynton Beach, Palm Beach County, Florida. The terms and
conditions of the contract to be entered into by the parties are
generally as follows:
~. Cablevision shall provide a S4-channel
cable television system throughout The Meadows;
the system will be bi-diCectional, will have a
community chmnnel featurixg productions focusing
on local community affairs and events, and will
offer security communication services.
2. The monthly charge for basic service will be
$8o4S and that rate for basic cable television
service will be guaranteed for three years after
the cable television service is initially provided.
5. There will be granted sufficient easements to
Cablevision to lay cable where reasonably required
throughout The Meadows.
4. Cablevision shall carry sufficient insurance
coverage to insure both Cablevision and The Meadows
from liability occasioned by Cablevision's
installation .and operation of the system in The
Meadows.
, first-class
Cablevision shall pay to The Meadows 300 Inc.,
a percentage of its gross revenues (to be fully
Access Cable of West Boynton, Inc.
March 7, 1984
Page TWo
defined) generated from the operation of the system.
The terms of the contract generally shall facilitate
approval by F.N.M.A., V.A. and F.H.A. of individual
d'evelopments within The Meadows.
7. The contract shall contain such other terms and
conditions as the parties and their respective
counsel may-consider necessary or appropriate.
?
The Parties hereto acknowledge that they have instructed their
respective legal counsel to finalize the cable television contract
and easement documents which will reflect the te~ms outlined
above and it is anticipated that such contract and' related documents
will be executed by each of us within four weeks from the date
hereof. Both parties shall cooperate with Cablevision's application
to obtain a cable television franchise from the City of Boynton
Beach for Cablevision to operate a cable television system in
The Meadows.
Very truly yours,
THE..M.I~-Ag~~NC. ~.~ -
Agreed to by the undersigned:
ACCESS CABLE OF WEST BOYNTON, INC.
v?c -
EXHIBIT "H"
BOYNTON BEACH DISTRIBUTION CENTER ASSOCIATES
12 S. Dixie H~ghway, Suite 205
Lake ,0rt. h, FL 33460
May ~_, 1984
Acce.~s Cable of West. Boynton, !nc.
.7~05 North Congress Avenue
Boynton Beach, FL 33435
Cable Television Services to be Pr'ovided by
Access Cable of West Boynton, Inc. ("Cablevision")
to the Boynton Beach Distribution ~enter
( the "Center" )
Gentlemen ·
This letter sba!! serve to evidence the intent of
Cablevision and Boynton Beach Distribution Center' Associates, a
Florida 9eneral partnership, to enter into a contract for' cable
television services to be provided by CablevisioD to the Center
in the City of Boynton Beach, Florida. Both pa.cties shall
cooperate with Cablevision's application to obtain a cable
television franchise from the City of Boynton Beach for
Cablevision to operate a cable television system in the Center.
Very truly yo,,rs,
BOYNTON BEACH DISTRUBUTION CENTER
ASSOCIATES
Agreed to by' the
By: Boynton Beach Distribution Center-,
un{.~ers igned~
ACCESS CABLE OF WEST BOYNTON, INC.
Vice Preside~t
FINANCIAL STATEMENT AND ACCOUNTANTS' COMPILATION REPORT
ACCESS CABLE OF WEST BOYNTON, INC.
April 19, 1984
Alexander Granl
& COMPANY
CERTIFIED PUBLIC ACCOUNTANTS
MEMBER FIRM
GRANT THORNTON INTERNATIONAL
Board of Directors
Access Cable of West Boynton, Inc.
We have compiled the accompanying balance sheet of
Access Cable of West Boynton, Inc. as of April 19, 1984, in
accordance with standards established by the American Institute
of Certified Public Accountants.
A compilation is limited to presenting in the form of
financial statements, information that is the representation of
management. We have not audited or reviewed the accompanying
financial statement and, accordingly, do not express an opinion
or any other form of assurance on it.
Miami, Florida
April 19, 1984
1000 BRICKELL AVENUE MIAMI, FL 33131 (305) 358-0077
Access Cable of West Boynton, Inc.
BALANCE SHEET
April 19, 1984
(See Accountants' Compilation Report)
ASSETS
Cash
Subscriptions receivable
1,000
299,000
3oo ooq
STOCKHOLDERS' EQUITY
Capital stock
1,000 shares authorized; issued
and outstanding 500 shares at
$1 par value
Paid-in capital
500
299,500
~300,000
The company was formed on February 1, 1984 and has not as yet
commenced operations. Subscriptions receivable represent the
balance due from the original subscribers of 500 shares at $600
per share.