Loading...
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 Section 2: That all ordinances or parts of ordinances in conflict herewith are hereby repealed.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. $ SYLVIA , ~ , :~ ROYAL SUNNY SOUTH ~ CT18'w 19 f~ COUNIllY CLUe 8' )N LAKES PALM S '~ J~T~J~1 ,SLa~OS LAGOS GOLF ., J p~_AT. A $ SYLVIA TRAIL ~ i ROYAL fi4 REt. AREA Bovnlon 19 ;z/%" ~ C~MET~Y E~.UU i: . I I I I Cc. tal VILLAS PINE ~IOG£ GO LF LEISURE~ 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.