HomeMy WebLinkAboutADELPHIA 1D - 2002City of Santa Ar -
f Clerk of the Council
AGREEMENT TERMINATION FORM
COTC Office Use Only
Please complete this form when the attached agreement and all FEB -6 PH 3: 36
amendments (if any) are no longer in effect. CITY OF
Return form to the Clerk of the Council Office (M-30). F�K FA OUNCIL
Call 647-6520 if you have any questions.
I
The agreement with Adelphia Cable Communications
No. A-1982-039
was completed on
11/19/15
and final payment has been made.
(List all amendments.
Use space below if needed.)
A-1983-015
Department:
PRCSA
A-1985-002
A-1989-013A
Phone/Ext.:
5254
A-200-
A-2004-169 169
®
COPY
Signature:
_
A-2005-029
Date:
11/19/15
Revised 08-23-10
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A-2002-070
iNiUf¡¡iNG~ ON FILE
VI(jIìK MAY PROCEED
liNfiL INSURANCE EXPIRES .~,))
Cl[NK;F~~~N~L 3 \,"~ FOURTH ~ENDMENT
DATE 3 ;~-O6 CABLE TELEVISION FRANCHISE AGREEMENT
C' / C4ó
(/ )() r¿{~, THIS FOURTH AMENDMENT TO THE CABLE TELEVISION FRANCHISE
'.!J. AGREEMENT, effective as of the date specified below in Section 4, is entered into by the City
of Santa Ana, a municipal corporation of the State of California ("Grantor"), and Adelphia
Cablevision of Santa Ana, LLC ("Grantee"), dba Adelphia Cable Communications.
RECITALS:
A. Grantee currently operates and maintains a cable television system in the
City of Santa Ana under the authority of Sections 1300 ~~. of the 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 tenns of that
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 of a Cable Television System for
Fifteen Years under Certain Tenns and Conditions and Fixing an Effective Date." This
Agreement was later modified by a First Amendment to Agreement dated February 7,1983, by a
Second Amendment to Agreement dated December 28, 1984, and by a Third Amendment to
Franchise Agreement dated March 6, 1989.
B. Under the provisions of paragraph (d) of Section 13 of the Third
Amendment to Franchise Agreement dated March 6, 1989, the City 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") ofthe Agreement, as amended by the Second Amendment to Agreement dated
December 28,1984, the Grantee's predecessor-in-interest exercised its option to extend the
initial IS-year tenn ofthe franchise for an additional five years by giving written notice by
certified mail to the Grantor's City Manager. The Agreement is now scheduled to tenninate at
midnight on June 20, 2002.
D. In a transaction that was consummated on December 31, 2000, Comcast
Cablevision of Santa Ana, Inc. was converted to a Delaware limited liability company, and all of
the ownership interests in Comcast Cablevision of Santa Ana, LLC were transferred by its parent
corporation, Comcast Cablevision Corporation of California, to a wholly-owned subsidiary of
the ultimate parent corporation, Adelphia Communications Corporation, This transaction, which
involved a change of control, did not require the prior consent ofthe Grantor under Section 1300
of the Santa Ana City Charter.
E. On February 15, 2001, a Certificate of Amendment to Certificate of
Fonnation was filed by Comcast Cablevision of Santa Ana, LLC with the Delaware Secretary of
668115-3
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State. This Certificate of Amendment changed the name of Comcast Cablevision of Santa Ana,
LLC to Adelphia Cablevision of Santa Ana, LLC.
F, Grantor and Grantee desire to enter into this Fourth Amendment for the
purpose of extending their respective rights and obligations under the Agreement for an
additional period of time, not to exceed eight months, from its current tennination date of June
20, 2002.
THE PARTIES AGREE AS FOLLOWS:
Section 1. Section 2.4 ("Duration") of Section 2 ("Grant of Franchise") of the
Agreement is amended in its entirety to read as follows:
"2.4 Duration, Notwithstanding any provisions to the contrary set forth in
this Agreement, the tenn of the franchise is extended for an additional
period of time not to exceed eight months from its current expiration date
of June 20, 2002, The franchise will tenninate upon the first to occur of
(i) the effective date of an agreement renewing the Cable Television
Franchise Agreement; or (i) midnight on February 20,2003, Renewal, if
any, will be in accordance with then applicable law."
Section 2. This Fourth Amendment will be legally binding upon the Grantor and
Grantee from its "Effective Date," as specified in Section 4 below, and upon any assignee or
transferee of the Agreement that may hereafter be authorized by the Grantor.
Section 3. Except as modified in this Fourth Amendment, either expressly or by
necessary implication, the tenns and conditions of the Agreement remain in full force and effect.
Both parties reserve all rights under applicable provisions ofthe Cable Act, including Section
626 and 635. Nothing herein shall be deemed or construed as a waiver, release, or surrender of
any right that either party may have under the Cable Act or any other applicable law.
Section 4. It is the intention of the parties that the Grantee will first execute this
Fourth Amendment and then submit it to the Grantor. The Grantor's City Clerk will insert the
execution date in all counterparts of this Fourth Amendment, attest to the execution of those
counterparts by a duly authorized officer of the Grantor, and transmit one fully executed
counterpart to the Grantee. The "Effective Date" is the date on which this Fourth Amendment is
signed on behalf of the Grantor.
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TO EFFECTUATE THIS FOURTH AMENDMENT, each of the parties has
caused this Fourth Amendment to be signed by its duly authorized representative as of the date
set forth below each authorized signature.
ATTEST:
"GRANTOR"
CITY OF SANTA ANA
a Municipal Corporation
By ÇJPl2~
City Manager
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, -.~counsel
"GRANTEE"
ADELPHIA CABLEVISION OF SANTA ANA,
LLC, dba Adelphia Cable Communications, a
Delaware Limited Liability Company
By: ,ß,~~ if If. F~¿~'v
(Authorized Officer)
VI ('p Prrç( 1('17/ or !-he .50 f-f fl7fll1lx-rs 50 ¡<-
(Title) mi"lYibf"Y
Date:
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APPROVED AS TO FORM:
Corporate Counsel
668115-3
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