HomeMy WebLinkAboutAgreement_General_04/04/1990.-~~%~
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MOTOAL TERMINATION OF EASEMENT AND RESTRICTIONS
THIS MUTUAL TERMINATION OF EASEMENT AND RESTRICTIONS is
made and entered into as of the ~ day of r~' 1990 by
and between SOUTHEAST FLORIDA CABLE, INC., a Delaware
corporation, its successors and assigns, ("Southeast") and THE
VILLAGE OF TEQUESTA, FLORIDA, a municipal corporation, its
successors and assigns, ("Village").
WHEREAS, Southeast, formerly known as Centel Cable
Television Company of Florida, which was formerly known as Palm
Beach Cable Television Company, conveyed certain real property
("Property") to the Village more particularly described in and
pursuant to that certain deed dated December 20, 1974, as
recorded in Official Record Book 2377, Page 1754, of the public
records of Palm Beach County, Florida ("Deed"); and
WHEREAS, pursuant to the Deed, Southeast reserved unto
itself an assignable and irrevocable easement in gross for
ingress and egress and for the location of overhead and
underground cables (or devices substituted therefor) for the
transmission of communications, electronic signals, and/or
electric power or other utilities and for the maintenance and
operation of a TV tower and cable television head-end facility,
together with suitable structures for the protection thereof, and
any replacements thereto over the Property ("Easement"); and
WHEREAS, pursuant to the Deed, Southeast and the
Village created certain restrictions numbered one through six
with respect to the Property ("Restrictions"); and
WHEREAS, Southeast desires to locate a new fiber optic
cable system on other real property which Southeast will lease
from the Village; and
WHEREAS, the Easeme~-t and Restrictions contained in the
Deed are no longer necessary;
NOW, THEREFORE, in consideration of the foregoing
recitals and the mutual premises and covenants contained herein,
and for due consideration the amount and sufficiency of which is
hereby acknowledged, the parties hereto, intending to be legally
bound, agree as follows:
1. Southeast and the Village mutually agree to
terminate the Easement reserved in the Deed by Southeast.
2. Southeast and the Village further mutually agree to
release each other and the Property from and terminate all of the
Restrictions set forth in the Deed which Restrictions shall have
no further force or effect.
3. Southeast and the Village mutually agree that
nothing contained herein shall in any way affect the thirty-three
(33) foot easement granted in favor of American Telephone and
Telegraph Company as set forth in the Deed which shall remain in
full force and effect.
4. Southeast and the Village mutually agree that
Southeast shall remove at Southeast's cost and expense the
television tower now located on the Property once the fiber optic
cable system, more particularly described in the Lease between
the Village and Southeast dated on even date herewith has been
activated, however, the television tower shall be removed no
later than 180 days after execution of this Mutual Termination of
Easement and Restrictions. Removal of the television tower shall
not include removal of the television head-end facility which is
located at the base of the television tower.
IN WITNESS WHEREOF, the parties hereto have executed
this Termination and Release as of the day and year first above
written.
Witnesses: SOUTHEAST FLORIDA CABL
L~
E, INC.,
a Delaware corporation
By•
Its:
2
VILLAGE OF TEQUESTA, d
municipal corporation
.e
~~
STATE OF Hl~- ~NI ~~l Z.III ~AI ~ ~
COUNTY OF ~OTT~IZ
Its: !•
Attest
The forego' strument was a nowledged be ore me
is day of 1990, by '~ and
, as and of
Southeast to ida Cable, Inc., a laware corporation, on beha
of the corporation. ~,,,..,.~
N ry blic
(NOTARY SEAL)
My commission expires:
--~
~ r,ora~~~~s_~L
Coucarspcrt Foner Counr;, ~'~"
STATE OF FLORIDA j My Commission t.pires deb. 1i~ x,992
COUNTY OF PALM BEACH
he forego'ng .'nstrument was acknowledged efore me
' , .~~ d y of 1990, b ~,yfs ~~ ,~aFi'~Dand
Tom- sr~r as ~%~c-~„%~~~ and
~~ ~~ ~~C o Village of Tequesta, y~ muni ~p~ c~~pora~on,
on behalf of the corporation. / /,
(NOTARY SEAL)
Nol~ry
My commission expires:
NOTMY PI~IIC STATF aF RaRIDA
rn corrnssas a~.~.is,~~
OCI~DED TFp16E1~ERAl NrS. MD. ,.
A
PAM1Z
2/23/90
3
EXHIBIT "$"
Equipment Quantity
Orchard Demodulators FMD 1000 50
Orchard Modulators AMM 1000 40
SA 6350 Modulator 20
Z-Tac Video Encoders 9
SA Video Scramblers 8556 10
Orchard Equipment Racks 9
Siecor Fiber Optic Splice Center 1
Orchard RP-1301 Optical Rec 4
Olson OTC-12 Combiners 8
Onan 25 KW Standby Generator w/transfer switch 1
Emerson 18,000 BTU A/C 2
IBM Computer PC 1
Security System FBI 1215 1
ATT Wall Phone 1
NEC Stereo Monitor 1
PAM7Z(13)
