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Home My WebLink About3122RESOLUTION NO. 3 1 2 2 A RESOLUTION OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF AUBURN, TO EXECUTE ADDENDUM Ill, EXTENDING THE DATE FOR CONSTRUCTION AND OPERATION OF A PUBLIC ACCESS FACILITY FROM SEPTEMBER 1, 1999 TO FEBRUARY 1,2001, TO THE NON-EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE CITY OF AUBURN, WASHINGTON AND TCI CABLEVISION OF WASHINGTON, INC., TO OPERATE A CABLE TELEVISION SYSTEM WITHIN THE CITY OF AUBURN, WASHINGTON, WHICH AGREEMENT WAS APPROVED ON MAY 3, 1993 BY RESOLUTION 2409, WHICH AGREEMENT WAS AMENDED BY ADDENDUM I EXTENDING THE DATE OF COMPLETION OF CERTAIN FRANCHISE PROVISIONS UNDER SECTION 5 AND AMENDING SECTION 8 AND APPROVED ON JUNE 15, 1998 BY RESOLUTION 2972, WHICH AGREEMENT WAS FURTHER AMENDED BY ADDENDUM II EXTENDING THE DATE OF COMPLETION' OF CERTAIN FRANCHISE PROVISIONS APPROVED ON JUNE 16, 1999 BY RESOLUTION 3096. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREBY RESOLVES THAT: Section 1. The Mayor and City Clerk of the City of Auburn, Washington, are hereby authorized to execute Addendum III, extending the date for construction and operation of a Public Access Facility from September 1, 1999, to February 1, '2001, to the Non-Exclusive Franchise Agreement between the City of Auburn, Washington, and TCI CABLEVISION OF WASHINGTON, INC., to operate a cable television system within the City of Auburn, Washington, approved on May 3, 1993 by Resolution 2409, which Agreement was amended by Addendum I extending the date of completion of certain franchise provisions under Section 5 and amending Section 8 and approved on June 15, 1998 by Resolution 2972, which Agreement was further amended by Addendum II extending the date of completion of certain franchise provisions and approved on Resolution No. 3122 10/19/99 Page 1 June i6, 1999 by Resolution 3096. A copy of said Addendum III is attached hereto, denominated as Exhibit A and made a part hereof as though, set forth in full herein. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. DATED and SIGNED this 1st day of November, 1999. CITY OF AUBURN CHARLES A. BOOTH MAYOR ATTEST: Da~ielle E. Daskam, City Clerk APPROVED ASTO FORM: Michael J. Reynolds, City Attorney Resolution No. 3122 10/19/99 Page 2 ADDENDUM III AGREEMENT BETWEEN TCI CABLEVISION OF WASHINGTON, INC, AND THE CITY OF AUBURN TO EXTEND THE SEPTEMBER 1, 1999 DATE OF COMPLIANCE WITH PROVISIONS REGARDING THE PUBLIC ACCESS STUDIO TO FEBRUARY 1,2001. THIS ADDENDUM III regards the extension of the September 1, 1999 date of compliance with provisions regarding the Public Access Studio contained in the Nor~- Exclusive Franchise Agreement between the CITY OF AUBURN, Washington, hereinafter referred to as the CITY and TCI CABLEVISION OF WASHINGTON, INC., hereinafter referred to as OPERATOR, approved May 3, 1993 by Resolution 2409, as amended by Addendum I approved June 15, 1998 by Resolution 2972, and further amended by Addendum I1 approved June 16, 1999, to a compliance date of September l, 1'999 thereby amending Section 4 of Addendum [. RECITALS WHEREAS, the OPERATOR and CITY entered into a Non-Exclusive Franchise Agreement between the City of Auburn, Washington, and TCl Cablevision of Washington, Inc., pursuant to Resolution 2409, approved May 3, '1993, hereinafater referred to as the Franchise, which became effective on July 1, 1993, the date OPERATOR provided its written acceptance of the Franchise terms; and WHEREAS, certain provisions of Section 5 and Section 8 of the Franchise were amended in Addendum I to the Franchise which was approved June 15, 1998 ~3ursuant to Resolution 2972; and Exhibit A Resolution No. 3'~ 23 10Jlg/g9 0 ~,/9- el~ed.~c~§#--~J'!~ldgE: ~, ~ [0/~ [/[ [ S~IVJJ¥ l,AOO/qVO3q IOl :~q hues WHEREAS, OPERATOR has requested an extension of time to comply with provisions regarding the construction and operations of a Public Access Facility; and WHEREAS, TCI has completed the 54 channel system sen/ice upgrades as required under Section 5 of the Non-Exclusive Franchise Agreement with the City of Auburn as amended in Addendum l; and WHEREAS, In the process of planning and implementing the Public Access Studio, TCI has been coordinating with the affected South King County Cities of Kent, Renton, Tukwila and Burien and has requested the City of Auburn to extend the September 1, 1999 date for complying with the provisions regarding the Public Access Studio to February 1, 2001; and WHEREAS, the extension of the compliance date from September 1, 1999 to February ~,, 2001 will coincide with the deadlines established by the Cities of Kent, Renton and Tukwiia and Buden and; WHEREAS, the extension of the compliance date for provisions regarding the Public Access Studio will allow the affected cities additional time to explore with regional educational groups the possibility of combining Public, Educational and Government programming in a joint production center established regionally and operated by a non- profit entity; and WHEREAS, the CITY has agreed to amend Section 4 of Addendum I to extend the September 1, 1999 date of compliance with provisions regarding the construction and operation of the Public Access Facility to February 1,2001. Exhibit A Resolution No. 3122 10/19/99 ~[¥JJ¥ ±,A0O/q¥Oaq IOl :~q hues NOW, THEREFORE, the parties agree as follows: 1. Amendment to Section 4 of_Adde,du .rrt_L Section 4. TIME FOR PERFORMANCE. OPERATOR agrees to comply with all its odginal obligations under the Franchise and with the obligations contained in AcJdencfum I no later than July 1, 1999, with the exception of the construction, operation and commissioning of the Public Access Studio. The CiTY and the OPERATOR agree to extend the September 1, 1999 compliance date for the construction, operation and commissioning of the Public Access Studio to February i, 2001. 2. Terms of~anchise and Addendum_,!.. All terms and conditions contained in the Franchise entered into between the parties pursuant to Resolution 2409 and as amended by the terms and conditions contained in Addendums I and II entered into between the parties pursuant to Resolutions 2972 and 3096 remain in effect except as specifically amended in this Addendum III. Exhibit A Resolution No. 3122 10/19/99 AGREED TO BETWEEN THE PARTIES on the last date written below. ATTEST: CITY OF AUBURN Charles A. Booth Mayor Danielle E. Daskam City Clerk APPROVED AS TO FORM: Michael O. ReynoFd'-~' City Attorney TCI CABLEVISION OF WASHINGTON, INC. By: ~$...~"'A/'. ~ /~e$ H.-C"Tre.y~') Smith[""i'II Title: P_nesident IB9~9 B6B ggP SBI¥~J¥ 1,A09/9¥939 IOl :AC ~aS STATE Of WASHINGTON ) ) ss COUNTY OF KING On this /el day of.~.......,~...,~'--*,--.~.~a ;,,',,~n, ~..-~,, before me, the undersigned, a Notary Public ip and for~the State,. of Wa~shington,. duly commissioned and. sworn,, personally a pp eared ~(J~-.~. <~ ~-,~L,~'~-~J~-- CABLEVISION OF WASHINGTON, INC., the corporation that exeCUted the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned., and on oath stated that he/she is authorized to execute sale instrument and that the seat affixed is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal forth. TARY PUBLIC in and for the State Of Washington, residing at..~-~ MY COMMISSION EXPIRES: Exhibit A Resolution No. 3122 10119199 P~ ~ 1.0/6