Ordinance No. 40-85-13 v ORDINANCE NO. 40-85-13
AN ORDINANCE AMENDING SECTION 3 OF ORDINANCE NO. 40-79-9 OF THE
CITY OF ATLANTIC BEACH, FLORIDA, GRANTING NON-EXCLUSIVE FRANCHISE
TO COX CABLE OF JACKSONVILLE BEACHES, INC. BY APPROVING TRANSFER
OF NON-EXCLUSIVE FRANCHISE FROM COX CABLE OF JACKSONVILLE BEACHES,
INC. TO RIFKIN/JACKSONVILLE ASSOCIATES, LTD. , TO OPERATE CABLE
TELEVISION SYSTEMS IN SAID CITY, PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH AS
FOLLOWS:
SECTION 1. Section 3 of Ordinance No. 40-79-9 be amended as follows:
Section 3 - Grant of Franchise
The franchise granted to Cox Cable of Jacksonville Beach, Inc. is
hereby transferred to Rifkin/Jacksonville Associates, Ltd. , a Florida limited
partnership, and to the subsequent transfer to any other partnership or
corporation controlled by Monroe M. Rifkin upon the same terms and conditions
imposed by Ordinances of the City shall be applicable to the transferee.
SECTION 2. The Mayor is authorized to sign on behalf of the City such
further consents as may be requested to implement this Ordinance including the
form of consent attached hereto and by reference made a part hereof.
SECTION 3. This Ordinance shall take effect upon signature of the
presiding officer.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Passed by the City Commission on First Reading March 11. 1985.
Passed by the City Commission on Second & Final Reading 3/2-51 Fs
,,, ,;e6,/
)0/r
William S. Howell, Ma•o
Presiding Officer
Adelaide R. Tucker CMC
City Clerk
Approved as to form
and correctness
Claude L. Mullis
City Attorney
0
FORM OF CONSENT
The undersigned, City of Atlantic Beach, Florida, hereby
consents to the transfer by Cox Cable Jacksonville Beaches,
Inc. , a corporation, ("Transferor") , to Rifkin/Jacksonville
Associates, Ltd. , a limited partnership organized under the
laws of the State of Florida, and to the subsequent transfer or
any other partnership or corporation controlled by Monroe M.
Rifkin (said partnership and any such subsequent transferee
hereinafter called "Transferee") , of the non-exclusive
franchise ("Franchise") , and further consents to the transfer
III of the Franchise in trust, to mortgage, pledge or hypothecate
the Franchise, or to the grant of a security interest in the
Franchise, to secure indebtedness or obligations owed or which
may hereafter be incurred by the Transferee with respect to
which a security interest is granted to a secured party (the
"Secured Party" ) in all or substantially all of the assets of the
Transferee, and to the exercise by the Secured Party of its
rights as a secured party in and to the Franchise in the event
of a default by the Transferee in the performance of its
indebtedness or obligations secured thereby. The undersigned
agrees to accept performance of the Transferee's obligations
under the Franchise by the Secured Party. Nothing contained
herein shall constitute a waiver of any rights of the
undersigned to approve of any further transfer or assignment
of the Franchise by the Secured Party. The undersigned
hereby confirms that the Transferor is the party named in the
Franchise and that the Franchise is in full force and effect
and the Transferor is in complaince with the Franchise.
DATED this 25th day of March , 1985.
City of Atlantic Beach' Florida
isMay' r '
Approved as to form and correctness:
City Attorney 4141"
Ordinance authorizing transfer enacted March 25, 1985.
1
CONTRACT FOR CABLE TELEVISION SYSTEM FRANCHISE
THIS CONTRACT, made and entered into in duplicate as of the
1st. day of January, 1987 , by and between the CITY OF ATLANTIC
BEACH, a municipal corporation under the laws of the State of
Florida, hereinafter referred to as City, and CONTINENTAL
CABLEVISION OF JACKSONVILLE, INC. , a corporation organized and
existing under the laws of the State of Florida, doing business
at 5934 Richard Road, Jacksonville, Florida 32216 hereinafter
referred to as Continental.
WITNESSETH:
WHEREAS, Continental has operated a cable system in Seminole
Beach pursuant to a Franchise granted by the City of
Jacksonville ; and
WHEREAS, Seminole Beach was annexed into the corporate
limits of City; and
WHEREAS , the City deems it in the public interest to
authorize the continued operation of Continental' s system;
NOW THEREFORE IN CONSIDERATION of premises and the mutual
undertaking and covenants, the City and Continental do hereby
understand and agree as follows :
1 . Pursuant to Ordinance of the City a franchise has been
awarded to Continental and Continental has accepted said
franchise as of the day and year first written.
2 8-20-87
revised 1 8-18-87
2. Continental shall, at its own cost and expense, do the
wok and provide the services and furnish the labor, materials and
equipment required therefore in strict accordance with said
Chapter_______ of the Ordinance Code of City , as the same
presently exists and as the same may be amended from time to time
by the Commission of the City and accepted by Continental, which
is hereby specifically made a part hereof by reference o the same
extent as if fully set out herein.
3. Continental shall at all times remit, pay and deliver
promptly to the City all sums due and owing to the City when due
and owed and shall promptly perform, do and take action as
required by this Contract.
4. Failure or delay by the City in enforcing any provision
of this Contract shall not be a waiver, forfeiture of surrender
or otherwise restrict or prevent the City from enforcing any such
provision or any other provision related thereto and the City
specifically reserves the right to enforce same at any time.
5. The term of this Contract shall become effective on the
day and year above first written and shall continue in full force
and effect for a period expiring, June 10, 1994.
6. This Contract may be amended from time to time by
mutual written agreement of the parties or by amendment by the
Commission of the City and accepted by Continental.
-2-
7. This Contract contains the entire understanding between
the parties in connection with the subject matter hereof, and it
supersedes and replaces all prior negotiations, agreements, or
representations .
IN WITNESS WHEREOF, the parties have duly executed this
Contract as of the day and year above first written.
ATTEST; CITY OF ATLANTIC BEACH,
a municipal corporation
/
CITY CLERK Wi liam S. Howe 1
Mayor/Commission
ATTEST: CONTINENTAL CABLEVISION OF
JACKSONVILLE, INC.
By:
,/ itelki4c,- By
itAledak
Approved as to form and correctness
X .1 A.
C aude L. Mullis, City ttorney
-3-
CONTRACT FOR CABLE TELEVISION SYSTEM FRANCHISE
THIS CONTRACT, made and entered into in duplicate as of the
1st. day of January, 1987 , by and between the CITY OF ATLANTIC
BEACH, a municipal corporation under the laws of the State of
Florida, hereinafter referred to as City, and CONTINENTAL
CABLEVISION OF JACKSONVILLE, INC. , a corporation organized and
existing under the laws of the State of Florida, doing business
at 5934 Richard Road, Jacksonville, Florida 32216 hereinafter
referred to as Continental.
WITNESSETH:
WHEREAS, Continental has operated a cable system in Seminole
Beach pursuant to a Franchise granted by the City of
Jacksonville ; and
WHEREAS, Seminole Beach was annexed into the corporate
limits of City; and
WHEREAS , the City deems it in the public interest to
authorize the continued operation of Continental' s system;
NOW THEREFORE IN CONSIDERATION of premises and the mutual
undertaking and covenants, the City and Continental do hereby
understand and agree as follows :
1 . Pursuant to Ordinance of the City a franchise has been
awarded to Continental and Continental has accepted said
franchise as of the day and year first written.
2 8-20-87
revised 1 8-18-87
2. Continental shall , at its own cost and expense, do the
wok and provide the services and furnish the labor, materials and
equipment required therefore in strict accordance with said
Chapterof the Ordinance Code of City , as the same
presently exists and as the same may be amended from time to time
by the Commission of the City and accepted by Continental, which
is hereby specifically made a part hereof by reference o the same
extent as if fully set out herein.
3. Continental shall at all times remit, pay and deliver
promptly to the City all sums due and owing to the City when due
and owed and shall promptly perform, do and take action as
required by this Contract.
4. Failure or delay by the City in enforcing any provision
of this Contract shall not be a waiver, forfeiture of surrender
or otherwise restrict or prevent the City from enforcing any such
provision or any other provision related thereto and the City
specifically reserves the right to enforce same at any time.
5. The term of this Contract shall become effective on the
day and year above first written and shall continue in full force
and effect for a period expiring, June 10, 1994.
6. This Contract may be amended from time to time by
mutual written agreement of the parties or by amendment by the
Commission of the City and accepted by Continental.
-2-
A
7. This Contract contains the entire understanding between
• the parties in connection with the subject matter hereof, and it
supersedes and replaces all prior negotiations, agreements, or
representations.
IN WITNESS WHEREOF, the parties have duly executed this
Contract as of the day and year above first written.
ATTEST; CITY OF ATLANTIC BEACH,
a municipal corporation
B .G.% �'. . .../
CITY CLERK Wi liam . owel
Mayor/Commission
ATTEST: CONTINENTAL CABLEVISION OF
JACKSONVILLE, INC.
By: Ad%4. �.� By AA
A 4
Approved as to form and correctness
Claude L. Mullis, City Attorney
-3-