HomeMy WebLinkAboutADELPHIA 1F - 2004City 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amendments (if any) are no longer in effect.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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INSURANCE ~Ol ON FILE
WORK MAY NOT PROCEED
CLERK OF COUNCIL
DATE: ID-f)'-OY
THIS SIXTH AMENDMENT TO THE CABLE TELEVISION FRANCHISE AGREEMENT,
effective as of the date specified below in Section 6, is entered into by the City of Santa Ana, a
charter city and municipal corporation duly organized and existing under the Constitution and
laws of the State of California ("Grantor"), and Adelphia Cablevision of Santa Ana, LLC, dba
Adelphia Cable Communications, a Delaware Limited Liability Company ("Grantee").
A-2004-l69
SIXTH AMENDMENT
TO
CABLE TELEVISION FRANCHISE AGREEMENT
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. of the Santa Ana City Charter,
former Article II of Chapter 15 of the Santa Ana Municipal Code (now uncodified), entitled
"Community Antenna Television Systems," former Article III of Chapter 15 of the Santa Ana
Municipal Code (now uncodified), entitled "Cable Television Subscriber Protection," 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 of a Cable Television System for Fifteen Years under Certain Terms 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, by a Third Amendment to Franchise Agreement dated March 6, 1989, by a
Fourth Amendment to Cable Television Franchise Agreement dated June 12, 2002, and by a Fifth
Amendment to Cable Television Franchise Agreement dated February 18, 2003.
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") of the 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 term of the franchise for an additional five years by giving written notice by certified mail
to the Grantor's City Manager. The Agreement, as previously extended by the Fifth Amendment,
is now scheduled to terminate at midnight on August 20, 2004.
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 of the Grantor under Section 1300
of the Santa Ana City Charter.
12097-0002\7845 94v I.doc
1
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TO EFFECTUATE THIS SIXTH AMENDMENT, each ofthe parties has caused
this Sixth Amendment to be signed by its duly authorized representative as ofthe date set forth
below each authorized signature.
ATTEST:
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L~a. -
City Clerk
"GRANTOR"
CITY OF SANTA ANA
By:
CZl
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City Manager
1C'/7~'-I
------. Date:
Á;:1Z:~~-
.;~~o~~e Counsel
12097-0002\784594vl.doc
"GRANTEE"
ADELPHIA CABLEVISION OF SANTA ANA,
LLC,
A Delaware limited liability company,
1/k/a Adelphia Cable Communications
By: UCA, L.L.C.,
A Delaware limited liability company,
Its Sole Member,
By: ACC Operations, Inc.,
A Delaware corporation,
Its Sole Member
By: ~C~'^--
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(Title)
Date:#f Ær 17/
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