2004-026- Approving An Amendment Extending The Cable Television Franchise Agreement With Comcast Corporation From March 31,2004 To March 31,2005RESOLUTION 2004 - 26
RESOLUTION OF THE'TOWN OF LOS GATOS
APPROVING AN AMENDMENT EXTENDING THE CABLE TELEVISION
FRANCHISE AGREEMENT WITH COMCAST CORPORATION
:FROM MARCH 31, 2004 to MARCH 31, 2005
WHEREAS, cable television franchise renewal process serves as an opportunity to enhance
cable communications services to the community; and
WHEREAS, cable television franchise renewal negotiations are highly technical, labor
intensive, and require special .expertise due to the complex laws that govern the renewal process; and
WHEREAS, the Town of Los Gatos Cable Television Franchise Agreement with Comcast
Corporation will expire on March 31, 2004; and
WHEREAS, an extension of the cable television franchise agreement is necessary to allow
time to prepare and enter in to negotiations with Comcast Corporation..
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State
of California, that the Town of Los Gatos approves an amendment extending the Cable. Television Franchise
Agreement with Comcast Corporation from March 31, 2004 to March 31, 2005 (Attached) and authorizes
the Town Manager to execute the amendment.
PASSED AND .ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 15`h day of March, 2004, by the following vote:
COUNCIL MEMBERS:
AYES.: Sandy Decker, Diane McNutt, Joe Pirzynski, Mike Wasserman,
Mayor Steve Glickman.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF'LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
`~
CLERK OF THE TOWN OF
LOS GATOS, CALIFORNIA
~-~ ~ `, r~y~ . o ~~...
.AMENDMENT TO FRANCHISE ASSUMPTION AGREEMENT
WITH TCI OF CLEVELAND CABLEVISION dba AT&T
This Agreement is made and entered into this day of , 2004, by and between the
Town of Los Gatos, State. of California, herein called "Town," and TCI of Cleveland, Inc.,. a Tennessee
Corporation ("Grantee"), and TCI Cablevision of California, Inc., a California Corporation as operator-in-
fact ("Operator"),collectively doing business as AT&T Cable Services ("AT&T"). This Agreement amends
that. certain Franchise Assumption Agreement entered into March 20, 1996 between the Town, Grantee,
Operator, and Brenmor Cable Partners, L.P., a California Limited Partnership ("Original Assumption
Agreement").
RECITALS
A. The Original Assumption Agreement provided for cable franchise serviceup to and including March
31, 2003.
B. On July 12, 2002, the Town approved a change of control of the Franchise Assumption. Agreement
to Comcast Corporation ("Comcast"). Following the change of control, on May 19, :2003, the'Town
and Comcastagreed to extend the Original Assumption Agreementfor a period of 12 months, up and
including March 31, 2004.
C. -Given the technical and complex nature of the cable television franchise agreement renewal process,
an additional extension of he Original Assumption Agreement is necessary to prepare for
negotiations with the Towri' cable operator.
D. Comcast represents and affirms that it is willing to perform the desired work pursuant to the Original
Assumption Agreement.
AMENDMENT
1. Inconsideration of the promises, terms, and conditions of .the Original Assumption Agreement, the
parties .agree to extend the Original Assumption Agreement up to and including March 31, 2005.
2. All other terms and conditions of the Original Assumption Agreement and Amendment to the
Franchise Assumption .Agreement dated March 23, 2000 will remain in full force and .effect.
IN WITNESS WHEREOF, the Town and Comcast have executed this Agreement as of the .date
indicated on page one (1).
Town of Los Gatos, by:
ATTEST:
Clerk of .the Town of Los Gatos, California
Debra J. Figone, Town Manager
Town of 'Los Gatos
Approved as to Form:
Orry P. Korb, Town Attorney
Marian V. Cosgrove, Town Clerk
Comcast, by:
(Signature)
(Print Name)
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