ADELPHIA 2 - 2005 - Laserfiche WebLink

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FRANCHISE AGREEMENT THIS FRANCHISE AGREEMENT ("Agreement") is entered into this _ day of ,2005, at Santa Ana, California, by the City of Santa Ana, a municipal corporation ofthe State of California ("Grantor"), and Adelphia Cablevision of Santa Ana, LLC, a Delaware limited liability company, doing business as Adelphia Cable Communications ("Grantee"). RECITALS A. Grantee currently operates and maintains a cable television system in the City of Santa Ana under the authority of Sections 1300 et seQ. ofthe Santa Ana City Charter, Article II of Chapter 15 of the Santa Ana Municipal Code, entitled "Community Antenna Television Systems," and Ordinance No. NS-1628, as adopted on May 3,1982, which granted a nonexclusive franchise to Group W Cable, Inc., a New York corporation. The terms ofthat nonexclusive franchise were set forth in that certain agreement dated June 21, 1982, entitled "An Agreement between the City of Santa Ana and Group W Cable, Inc. to Use the Streets and Public Ways within the City of Santa Ana for the Operation ofa Cable Television System for Fifteen Years under Certain Terms and Conditions and Fixing an Effective Date." This Agreement was later modified by the following amendments: (i) A First Amendment to Agreement dated February 7, 1983; (ii) A Second Amendment to Agreement dated December 28, 1984; (iii) A Third Amendment to Franchise Agreement dated March 6, 1989; (iv) A Fourth Amendment to Franchise Agreement dated June 12, 2002; (v) A Fifth Amendment to Cable Television Franchise Agreement dated February 18,2003; (vi) A Sixth Amendment to Cable Television Franchise Agreement dated August 2, 2004; and (vii) A Seventh Amendment to Cable Television Franchise Agreement dated February 14,2005. B. Under the provisions of paragraph (d) of Section 13 of the Third Amendment to Franchise Agreement dated March 6, 1989, the Grantor consented to the transfer of the cable television franchise from Group W Cable, Inc. to Comcast Cablevision of Santa Ana, Inc., a Delaware corporation. C. By letter dated January 31, 1997, and in accordance with Section 2.1 ("Grant") of the Agreement, as amended by the Second Amendment to Agreement dated December 28, 1984, Comcast Cablevision of Santa Ana, Inc. exercised its option to extend the initial IS-year term of the franchise for an additional five years through June 20, 2002, by giving 12097-0002\680672v19.doc -]- City of Santa Ana EXECUTION COPY 4/07/05