HomeMy WebLinkAboutDocumentation_Planning and Zoning_Tab 4-C_4/5/2007 JRNR25-2007 14:22 FROM:TEQUEST DCD 5615756224 TO:914138123984 P.1
Check#:
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Receipt#: 3./(a tI/
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°; VILLAGE OF TEQ>(JESTA
DEPARTMENT OF COMMUNITY DEVELOPMENT
345 Tequesta Drive
Tequesta,FL 33469
Tel. (561) 575-6220
- . Fax: (561)575-6224
PLANNING AND ZONING BOARD APPLICATION
Applicant's Name: Applicant's Address: Applicant's Phone#:
1-FeCf+ AWCiATES Pre, ivy y yO N. &4A/ 1V ki) 54(0,- 5 6, -Ll 6Z`f
old D;zf An- I 4cs68s' re_ Jot
F11+ y IV Y12036
Property Owner' Name:Voids.pP _
Property Owner's Address: Property. Owner's Phone#:
CoMcA-sue (L5 ) TF-41614tioo. NorTi-llfb)1 ?Kwy (5( /) '8I —31,7
Project Address: -Project Lot,Block&Subdivision Zoning District:
c1e,J 04) DIX1e_ H-wy 510 , 000, 00 C —2
-movi%Si4- FL 331/61 60—!3-Yo-3O-00-te0-31k0
Type of Constructio Addition Description of Construction: Total Sq.Footage of Construction
and/or Alteration 221-0 X 18}Q li ADDirloN Area: yG2C;Y15-r SF
C :MC/e BLOCK 1-0 eXICTINci C 4cr�. Eq ue, •4- -W S
97tit4Q . ravii-Oi1V((, Csi i-r, L SF' \
All construction,additions,and/or alterations of commercial buildings must be approved by the Planning&Zoning
Board. The Planning & Zoning Board meets the first Thursday of every month at 6:30 p.m., (as needed) at the
Village Hall Council Chambers, 345.Tequesta Drive. The applicant will be informed by letter of their scheduled
meeting date. Due to administrative review,the meeting date the applicant is scheduled to attend, may not be the
closest meeting to when the application is submitted.
The applicant will supply the Village of Tequesta Department of Community Development with the following
documents:
1) Ten(10)sets of professionally prepared site plans showing all existing and proposed structures, setbacks,
parking and loading layout, ingress and egress, sidewalks and walkways, exterior lighting layout,
dimensions of street frontages and property lines.
2) Ten(10) sets of multi-dimensional color renderings and/or photographs are to be_provided. The Planning
&Zoning Board needs to see an exact rendering of what is to be placed on the site. Color photographs or
prints as close to the actual colors to be used must be supplied. Since color printers often do not display the
correct color, it is recommended that samples of the paint chips, as well as a sample of the support
materials(i.e.,canvas,wood,metal,etc.)be provided.
3) Ten(10)sets of professionally prepared drawings that outline the structural and electrical details,including
side sectional views showing wiring and electrical components,constructions materials used
4) Written approval from the property owner,if other than the applicant.
JA14.725-2007 14:22 FROM:TEQUEST DCD 5615756224 TO:914138123984 P.2
5) Any other documents that may help clarify the position of the applicant.
6) Fees:
A. Satellite Antenna&Other Applications Requiring Village Council Approval .....$75.00
B. New Construction,Additions,Renovations,Remodeling, Including Landscaping and Architectural
Review;based on estimate of work as follows:
$ 0.000 to 9,999.99 .....................$100.00
$ 10,000.00 to 24,999.99 ......... $150.00
$ 25,000.00 to 49,999.99 .................. ................$250.00
$ 50,000.00 to 99,999.99 ..........,. ...........$300.00
$100,000.00 to 199,999.99 ................................................ $350.00
$200,000.00 and over......... .$400.00
Planning&Zoning Board:
The Planning&Zoning Board consists of five(5)members and two(2)alternates,who are citizens of the Village
of Tequesta. They have been appointed by the Village Council as an Advisory Board to the Council. The Planning
&Zoning Board represents the Council in matters concerning the appearance and aesthetic qualities of structures
placed within the Village.. If the documentation and presentation of your application provides the Board with a
thorough knowledge base form which to make a decision, the process will go smoothly and quickly. The more
clear,concise,organized and professional the applicant represents the request the simpler and quicker the process
will become.
Applicant's Signature: � ' ' Dater O 7
NOTE: All renderings, models, drawings,photos,etc.,submitted to the Village will become the property of
the Village of Tequesta.
Fmk Aevi+e&7/I1/06
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Project Description
TO: Members of the Village Planning and Zoning Board
RE: Comcast Cable, 961 Old Dixie Highway
Tequesta FL 33469 Parcel#: 60-43-40-30-00-000-3160
REQUEST
Hoch Associates is the architect and representing agent for Comcast Cable in this submission for Planning and
Zoning Board and Building Permit approval for an addition to an existing building on the site currently occupied by
Comcast(formerly Adelphia)and located in Tequesta, Palm Beach County FL. Project proposes a 399 SF 1 story
building addition to the existing unoccupied concrete block telecommunications equipment building.
LOCATION/ACREAGE •
Comcast leases the site identified above. Total site area is 0.0715 Acres. Site is located just south of County
Line Road on the West side of Old Dixie Highway. Site directly adjacent to Village owned water facility.
DESCRIPTION OF PROJECT
Comcast presently operates an unoccupied telecommunication equipment building and equipment vault on this
site. These structures house fiber optic cable TV and data equipment servicing the Village of Tequesta
community. This electrical equipment gives fiber optic lines a signal regeneration. Comcast proposes to expand
the current building with an 18'x 22'one story concrete block addition. The construction and materials are to
match existing building type and color. This addition will allow for additional space Comcast requires to both
upgrade existing and add new equipment needed to support expanding telecommunications services the Village
community requires. The current building is a key infra structure component on the existing Comcast fiber route
that services the community. The building addition proposed will not change the current use or function of the
existing structure or site. The current on-site outdoor emergency power generator will be replaced with a new
generator. There will be no new antennas,towers, or dishes erected at the site as part of this project or.approval.
WATER SUPPLY/LIQUID WASTE/SOLID WASTE
Facility will remain locked and unoccupied. This is an unmanned facility with no plumbing or waste. There will be
no water or sewage utility required or provided. No waste or trash will be accumulated as a result of the
proposed development.
ACCESSITRAFFIC IMPACTS
There will continue to be minimal visits to the site. The visits will be infrequent depending on the need to adjust or
maintain equipment. This building addition will not further impact the existing traffic patterns of this area or
change the frequency of visits. Existing site access drive off of old Dixie Hwy will continue to be used during
maintenance visits.
OUTSIDE NIGHTTIME ENVIRONMENT
The outside lighting proposed on the site is(1)wall mounted light unit centered on each façade of the building
addition. The wall pack is a photocell unit, downward directed with a 100w quartz bulb.
ENVIRONMENTAL PERFORMANCE STANDARDS
No change in emissions or noise generation will be created from the building addition. Existing Generator will be
replaced with a comparable generator that will continue to only operate at times of power outage or routine
maintenance.
Thank you for your consideration of this building addition. If you have any questions regarding this project please
contact me toll free at 866-546-4624. I look forward to your review and approval of this building addition.
Thank you again,
Brian S Hobbs, Project Architect
Hoch Associates
Mar 01 07 02:47p Heidi Dalton 5618813293 p.1
Ccomcast.
1100 Northpoint Parkway
West Palm Beach,Fl.33407
Telephone: (561) 881-3247
Fax: (561)881-3293
Date: 2/28/07
To: Whom it may concern
From: Larry Lewis,Director of Technical Operations. West Palm Region
Subject: Permitting for the State of Florida
AGENT AUTHORIZATION
Dear Sir/Madam:
This memorandum will serve as documentation authorization for Brian Hobbs at Hoch
Associates.Brian Hobbs is hereby the authorized agent to approve and submit,apply for
and sign permits,in relevance to business provided to Comcast Communications in the
State of Florida, on Comcast's behalf. If there is anything additional required in this
matter of permitting process,please contact me at the above number.
Regards,
Larry Lewis
VILLAGE OF TEQUESTA
*1,�. Post Office Box 3273 • 357 Tequesta Drive
�\ a Tequesta, Floiica 33469-0273 • (561) 575-6200
-y1�1 i 4 Fax:(561)575-6203
January 20, 1998
Mr. Mark P. Galloway
Regional Manager
Adelphia
2001 West Blue Heron Boulevard
Riviera Beach, Florida 33404
RE: Business Lease Between the Village of Tequesta and Adelphia
• Cable Communications
Dear Mr. Galloway:
Attached hereto, please find a copy of the above referenced for
your review in this regard. Adelphia is the Leasee successor to
Southeast Florida Cable, Inc.
The State of Florida recently enacted legislation which makes
government property leased to entities for non-governmental
purposes taxable. In response to a Property Appraiser inquiry
last month, I advised them of the existence of this Business •
Lease. Therefore, we can assume that Tequesta will be taxed on
the property involved in this Business Lease with Adelphia
commencing in November, 1998.
In this regard, in the second paragraph of what I refer to as the
Preamble on Page 1 of the Business Lease, it states that "Lessor
agrees to lease the said premises for a total rental of One
Dollar ($1.00) per annum, plus sales tax, and any and all taxes
due by virtue of the annual rental." (Emphasis Added)
Tequesta has conferred with its legal counsel relative to the
above referenced language and has concluded that by virtue of
• said language, Adelphia is responsible to pay the property taxes
anticipated to commence in November of this year by virtue of the
Business Lease.
•
� gas
/'Rc-rdkd POW'
•
Please review the Business Lease and the referenced language
noted herein. Tequesta wishes to know whether or not Adelphia
concurs with Tequesta's opinion that Adelphia is responsible for
payment of the anticipated property taxes on the property
involved in the referenced Business Lease. Please provide the
undersigned with a response to this inquiry prior to the Public
Hearing tentatively scheduled for February 5, 1998, to consider a
new Franchise Agreement with Adelphia. Tequesta has been working
closely with John Glicksman, Deputy General Counsel for
Operations, relative to the revised Franchise Agreement.
Should you have any questions relative to this matter, please
feel free to contact me at your earliest convenience.
Sincerely,
Thomas G. Bradford
Village Manager
TGB/krb
Attachment
c: Village Council
John C. Randolph, Village Attorney
John B. Glicksman, Esq., Deputy General Counsel for
Operations, Adelphia
Thomas C. Hall, Water System Manager
bradford\011958-1.sam
2
BUSINESS LEASE
THIS BUSINESS LEASE ("Lease"), entered into this 9'
day of /"PrV7 1990 between VILLAGE OF TEQUESTA, FLORIDA, a
municipal corporation, ("Lessor"), whose address is Post Office
Box 3273, 357 Tequesta Drive, 'Tequesta, Florida 33469-0273, and
SOUTHEAST FLORIDA CABLE, INC., a Delaware corporation ("Lessee")
whose address is 2129 Congress Avenue, Riviera Beach, Florida
33404:
WITNESSETH, That the Lessor does this day lease unto
Lessee, and Lessee does hereby hire and take as tenant under this
Lease the building and real property more particularly described
on Exhibit "A" ("Premises") situate in the Village of Tequesta,
Florida, to be used and occupied by the Lessee for installation
of a fiber optic cable system and the location of underground
cables (or devices substituted therefore) for the transmission of
communications, electronic signals, and/or electric power or
other utilities and for the maintenance and operation of a cable
television head-end facility together with suitable structures
for the protection thereof, and any replacements thereto on the
Premises and for the transmission of communications, electronic
signals, and/or electric power or other utilities ("Facilities")
and for no other purposes or uses whatsoever. This Lease shall
commence on the 5" day of Pf/ , 1990 and shall
last for a term of ninety-nine (99) years. Lessee shall have an
option to renew the Lease for an additional ninety-nine (99)
years at the termination of the Lease. Lessor agrees to lease
the said Premises for a total rental of ONE DOLLAR ($1.00) per
annum, plus sales tax and any and all taxes due by virtue of the
annual rental. The lease shall be separate and distinct from the
Non-Exclusive Franchise granted to Lessee pursuant to the Village
of Tequesta Ordinance No. 155, or any extension or renewal
thereof, which expires October 21, 1999. •
The following express stipulations and conditions are
made a part of this Lease and are hereby assented to by the
Lessee:
1. The Lessor hereby consents to and approves the
construction and/or installation of appropriate equipment,
including, but not limited to, cables and wiring on the Premises
by Lessee as long as all such cable and wiring are located
underground on the Premises. Further, if in the course of
Lessee's business it becomes necessary to improve or install
appropriate storage facilities, same may be approved by Lessor,
upon proper application to the Lessor. Lessee shall be fully
responsible for all costs and expenses relating to the purchase,
installation and construction of any and all equipment or
improvements connected with the business and expressly used by
Lessee on the. subject Premises.
2. The Lessee shall not assign this Lease, nor sublet
the Premises, or any part thereof nor use the same, or any part
thereof, nor permit the same, or any part thereof, to be used for
any other purpose than as above stipulated, nor make any
alterations therein, and all additions thereto, without the prior
written consent of the Lessor which consent may not be
unreasonably withheld. All additions, fixtures or improvements
which may be made by Lessee, except any and all equipment
directly associated with the cable T.V. system, including without
limitation, those items listed on Exhibit "B" attached hereto and
made a part hereof, shall become the property of the Lessor and
remain upon the Premises as a part thereof, and be surrendered
with the Premises at the termination of this Lease. No
assignment, sublet, or occupancy shall be deemed a waiver of this
provision or an acceptance of the assignee, sublessee or occupant
as a lessee, nor shall the same release Lessee from the further
1-
performance by Lessee of the covenants on the part of Lessee
herein contained. Any violation of•any provision of this'Lease
whether by act or omission by any assignee, sublessee, or
occupant shall be deemed a violation of such provision by Lessee,
it being the agreement that Lessee shall automatically assume and
be liable to Lessor for any and all acts and omissions of any and
all assignees, sublessees, and occupants. Lessee shall reimburse
2
Lessor for all attorney's fees related to the performance of
legal services in connection with the approval of any assignment
or subletting, the amount of such reimbursement to be such
reasonable amount as may be paid by Lessor.
3. All personal property, improvements and structures
placed or moved on the. Premises shall be at the risk of the
Lessee or owner thereof, and Lessor shall not be liable for any
damage to said personal property, improvements and structures, or
to the Lessee unless resulting from Lessor's gross negligence.
4. Lessee, at Lessee's sole cost and expense, shall
promptly execute and comply with all statutes, ordinances, rules,
orders, regulations and requirements of the Federal, State and
Municipal Government and of any and all their Departments and
Bureaus applicable to the Premises, during the term of this
Lease; and shall also promptly comply with and execute all rules,
orders and regulations of the Southeastern Underwriters
Association for the prevention of fires, at Lessee's own cost and
expense. Notwithstanding anything contained herein, Lessor makes
no warranty or representation as to the use to which the Premises
may be put. Lessee agrees to reimburse Lessor for any fine or
penalty which may be imposed upon Lessor by any court or other
governmental body by reason of any violation of any law,
ordinance or regulation upon the Premises. Lessee shall not
cause a disturbance, public or private nuisance, nor do or permit
anything to be done in or on the Premises, in a manner which will
in any way violate any certificate of occupancy or other
occupational licensing requirement, present or future law or
governmental regulation or zoning regulation now or hereafter
1.
existing, affecting the Premises. Lessee has examined the
Premises and is familiar with the condition thereof, and accepts
the same in its present condition. Lessor has made no
representations or warranties to Lessee respecting the condition
of the Premises. •
5. In the event the Premises shall be destroyed or so
damaged or injured by fire or other casualty during the life of
3
this Lease, whereby the same shall be rendered untenantable, then
the Lessee shall have the right to render •said Premises
tenantable by repairs within ninety (90) days therefrom. If said
Premises are not rendered tenantable within said time, it shall
be optional with either party hereto to cancel this Lease, and in
the event of such cancellation the rent shall be paid only to the
date of such fire or casualty. The cancellation herein mentioned
shall be evidenced in writing.
6. In the event that Lessee has violated any of the
terms of this Lease, or of said rules and regulations, now in
existence, or which may hereafter be made, Lessee shall have
thirty (30) days, upon receiving written notice of such violation
by Lessor to correct or satisfy such violation. If such
violation has not been corrected within said thirty (30) days,
Lessor, his agent or attorneys, may immediately re-enter the
Premises and depossess Lessee without further legal notice or the
institution of any legal proceedings whatsoever.
7. If the Lessee shall abandon or vacate the Premises
before the end of the term of this Lease, Lessor may, at its
option, forthwith cancel this Lease and retake possession of the
Premises.
8. In any litigation arising out of this Lease, the
prevailing party shall be entitled to recover reasonable
attorney's fees and costs.
9. • The Lessee agrees that he will pay all charges for
rent and all utilities including, but not limited to, gas,
garbage disposal, electricity or other illumination, and for all
water and sewer used on the Premises, and should said charges at
any time remain due and unpaid for thirty (30) days after the
same shall have become due, the Lessor may, at its option,
terminate the Lease arid immediately retake possession of the
Premises.
10. The Lessor, or any of his agents, shall have the
right to enter the Premises during all reasonable business hours
and in cases of emergency, to examine the same, and to make such
4
repairs, additions or alterations as may be deemed necessary for
the safety, comfort, or preservation thereof, or of any building,
or to exhibit the Premises.
11. Lessee hereby accepts the Premises in the condition
they are in at the beginning of this Lease and agrees to maintain
the Premises in the same condition, order and repair as they are
at the commencement of said term, excepting only reasonable wear
and tear arising from the use thereof under this Lease, and to
make good to the Lessor immediately upon demand, any damage to
water apparatus, or electric lights or any fixture, appliances,
improvements or appurtenances of the Premises, or of any
building, caused by any act or neglect of Lessee, or of any
person or person in the employ or under the control of the
Lessee.
12. It is expressly agreed and understood by and
between the parties to this Lease, that Lessor shall not be
liable for any damage or injury, which may be sustained by Lessee
or other person or for any other damage or injury resulting from
the carelessness, negligence, or improper conduct on the part of
any other person, entity, tenant or their agents, or employees,
or by reason of the breakage, leakage, or obstruction of the
water, sewer or soil pipes, or other leakage in or about the
Premises.
13. If Lessee shall become insolvent or if bankruptcy
proceedings shall be begun by or against the Lessee, before the
end of said term, Lessor is hereby irrevocably authorized at its
option, to forthwith cancel this Lease, as for a default. Lessor
may elect to accept rent from such receiver, trustee, or other
judicial officer during the term of their occupancy in their
fiduciary capacity without effecting'Lessor's rights as contained
in this Lease, but no receiver, trustee or other judicial officer
shall ever have the right, title or interest in or to the
Premises by virtue of this Lease.
14. Lessee shall not do any act or make any contract
which may create or be the foundation of any lien or other
5
encumbrance upon any interest of Lessor in the Premises. If as
the result of any act, or omission or alleged act or omission of.
Lessee, any mechanic's, materialmen's, laborer's, or other lien,
charge or order for the payment of money or other encumbrance
shall be filed against Lessor or any portion of the Premises,
whether or not such lien, charge, order or encumbrance is valid
or enforceable as such, Lessee shall, at its own cost and
expense, cause the same to be discharged of record or bonded
within ten (10) days after notice to Lessee of the filing
thereof. Lessee shall indemnify and save harmless Lessor from
all costs, liabilities, suits, penalties, claims and demands,
including reasonable attorney's fees, resulting therefrom. At
Lessor's option Lessee will furnish lien waivers or a bond in
form and with surety satisfactory to Lessor prior to commencing
any work in connection with making alterations or improvements to
the Premises. If Lessee fails to comply with the foregoing
provisions, Lessor shall have the option of discharging or
bonding any such lien, charge, order or encumbrance, and Lessee
agrees to reimburse Lessor for all costs, expenses and other sums
of money in connection therewith upon demand. All materialmen,
contractors, artisans, mechanics, laborers and any other persons
now or hereafter contracting with Lessee for the furnishing of
any labor, services, materials, supplies or equipment with
respect to any portion of the Premises are hereby charged with
notice' that they must look exclusively to Lessee to obtain
payment for same, and Lessee agrees to so inform such persons.
It is further understood and agreed between the parties hereto
that any charges against the Lessee for the Lessor for services
or for work done on the Premises by order of the Lessee or
otherwise accruing under this Lease shall be considered as rent
due and shall be included in any lien for rent due and unpaid.
15. This Lease shall bind the Lessor and its assigns or
successors, and the• heirs, •assigns, administrators, legal
representatives, executors or, successors as the case may be, of
the Lessee.
6
16. It is understood and agreed between the parties
hereto that time is of the essence of this Lease and this applies
to all terms and conditions contained herein.
17. The parties hereto agree to act in good faith and
to use their best efforts to reach mutually agreeable terms,
conditions, and provisions for the Lease and to continue to act
in good faith and use their best efforts in any and all Future
negotiations concerning the Lease or any other matter relative to
the Premises.
18. It is understood and agreed between the parties
hereto that written notice mailed or delivered to the respective
addresses of Lessor and Lessee as set forth in the opening
paragraph shall constitute sufficient notice to comply with the
terms of this Lease.
19. The rights of the Lessor under the foregoing shall
be cumulative, and failure on the part of the Lessor to exercise
promptly any rights given hereunder shall not operate to forfeit
any of the said rights.
20. It is hereby understood and agreed that any signs
or advertising to be used in connection with the Premises leased
hereunder shall be first submitted to the Lessor for approval
before installation of same.
21. If the entire Premises shall be taken for any
public or any quasi-public use under any statute or by right of
eminent domain, or by private purchase in lieu thereof, then this
Lease shall automatically terminate as of the date that title
shall be taken and the rent shall be prorated as of that date.
Notwithstanding the foregoing, in the event the entire Premises
shall be so taken Lessor shall use reasonable efforts to provide
another location for the Facilities on other property owned by
Lessor. In the event another site for the Facilities is located
and is acceptable to both parties then the parties agree to
negotiate in good faith to enter into a new Lease. However, iE
no site for the Facilities is located or agreed upon by both
parties or if the patties are unable to agree upon a new lease
7
within three (3) months of the date of said condemnation then
both parties shall be released from any and all obligations with
respect to each other. If any portion of the Premises less than
the entire Premises is so taken, the monthly, rental shall be
reduced ratably according to the area of the improved Premises
which is taken, and Lessee shall be entitled to no other
consideration by reasons of such taking. All compensation
awarded or paid upon such a total or partial taking of the
Premises shall belong to and be the property of Lessor without
any participation by Lessee; provided, however, that nothing
contained herein shall be construed to preclude Lessee from
prosecuting any claim directly against the condemning authority
in such condemnation proceedings for loss of business, and
depreciation to, damage to, and cost of removal of, and for the
value of, stock or trade fixtures, furniture and other personal
property, other than fixtures, and any other property which has
become a part of the Premises by virtue of this Lease; provided,
however, that no such claim shall diminish or otherwise adversely
affect Lessor's award.
22. Nothing contained in this Lease shall be construed
to create the relationship of principal and agent, partnership,
joint venture or any other relationship between the parties
hereto other than the relationship of Lessor and Lessee.
23. Lessee covenants to provide and to keep in force
during the term of this Lease, at Lessee's own cost and expense:
comprehensive general liability insurance relating to the
Premises and its appurtenances on an occurrence basis with
minimum limits of liability in an amount no less than
$1,000,000.00 for bodily injury, personal injury or death to any
one person, $5,000,000.00 for bodily' injury, personal injury or
death to more than one person, and $100,000.00 with respect to
damage to property by water, casualty or otherwise; and casualty,
fire and extended coverage, vandalism, malicious mischief and
special extended coverage insurance in an amount adequate to
cover the cost or replacement of all improvements and structures
located on the Premises as well as the cost and replacement of
8
all fixtures and contents therein. Lessee agrees to deliver to
Lessor, at least fifteen (15) days prior to the time such
insurance is first required to be carried by Lessee, and
thereafter at least fifteen (15) days prior to the expiration of
any such policy, either a duplicate original or a certificate and
true copy of all policies procured by Lessee in compliance with
Lessee's obligations pursuant to this paragraph together with
evidence of payment therefor. At any time within five (5) days
of request by Lessor, Lessee agrees to provide proof satisfactory
to Lessor that insurance is in full force and effect. The
aforesaid insurance shall be issued in the name of Lessor and
Lessee, and shall be written by one or more responsible insurance
companies satisfactory to Lessor. All such insurance shall
contain provision or endorsements that such insurance may not be
cancelled or amended with respect to Lessor except upon thirty
(30) days written notice by certified mail to Lessor by the
insurance company; that Lessee shall be solely responsible for
the payment of premiums; and in the event of payment of any loss
covered by such policy Lessor shall be paid first by the
insurance company for its loss. The minimum limits of the
comprehensive general liability policy of insurance shall in no
way limit or diminish Lessee's liability under the following
paragraph.
24. Lessee shall indemnify and save Lessor harmless
from and against any and all claims, demands, suits, actions,
damages, liability and expense, including attorney's fees and
costs, for or in connection with any accident, injury or damage
whatsoever caused to any person or property arising, directly or
indirectly, out of the Lessee's tenancy hereunder, or occurring
in, on or about the Premises or any other part thereof, on the
sidewalks adjoining the same and any common areas and facilities
within or appurtenant to the Premises or arising directly or
indirectly from any act or omission of Lessee, its agents,
contractors, employees, ' servants, invitees, licensees, or
subtenant, acts of God or otherwise. Lessee shall within five
(5) days thereof give notice in writing to Lessor of any fall or
9
other accident occurring in or around the Premises or in any
building located on the Premises, or of any defect therein or in
any fixtures or equipment thereon. The comprehensive general
liability insurance coverage maintained by Lessee pursuant to
this Lease shall specifically insure the contractual obligations
of Lessee as set forth in this paragraph.
IN WITNESS WHEREOF, the parties hereto have hereunto
executed this instrument for the purpose herein expressed, the
day and year above written.
LESSOR:
VILLAGE OF TEQUESTA, FLORIDA, a
municipal corporation
By
Its:
AS TO LESSOR`
LESSEE:
SOUTHEAST FLORIDA CABLE, INC.,
a Delaware corporation
(v r
47 CV , - - By: (SEAL)
Its:
!Y 191
AS TO LESSEE
PAM7Z
2/27/90
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EXHIBIT "A"
A CERTAIN PARCEL OF LAND LYING WITHIN SECTION 30, TOWNSHIP 40
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE. NORTHWEST CORNER OF SAID SECTION 30, THENCE
SOUTHERLY ALONG THE WEST LINE OF SAID SECTION 30, TOWNSHIP 40
SOUTH, RANGE 43 EAST, A DISTANCE OF 719.25 FEET; THENCE 90°20'00"
FROM NORTH TO EAST A DISTANCE OF 208.56 FEET; THENCE 113°02'35"
FROM WEST TO SOUTHEAST A DISTANCE OF 8.22 FEET TO THE POINT OF
BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND. THENCE
CONTINUE ALONG THE PREVIOUS COURSE, SAID COURSE ALSO BEING
PARALLEL AND 5.00 FEET EASTERLY OF AN EXISTING ONE-STORY CBS PUMP
HOUSE BUILDING A DISTANCE OF 33.10 FEET; THENCE 90°00'00" FROM
NORTHWEST TO SOUTHWEST, ALONG A LINE PARALLEL AND 5.00 SOUTHERLY
OF SAID EXISTING ONE-STORY CBS PUMP HOUSE BUILDING, A DISTANCE OF
94.13 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF OLD
DIXIE HIGHWAY AS LAID OUT AND NOW IN USE; THENCE 89°41'00"
NORTHEAST TO NORTHWEST ALONG THE SAID EASTERLY RIGHT OF WAY LINE
OF OLD DIXIE HIGHWAY A DISTANCE OF 33.10 FEET; THENCE 90°19'00"
SOUTHEAST TO NORTHEAST ALONG A LINE PARALLEL AND 10.00 FEET
NORTHERLY OF SAID EXISTING ONE-STORY CBS PUMP HOUSE BUILDING A
DISTANCE OF 93.95 FEET TO THE POINT OF BEGINNING.
CONTAINING 3112.8 (0.07 ACRES) SQUARE FEET MORE OR LESS.
•
•
PAM7Z(14)
EXHIBIT "B"
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)