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HomeMy WebLinkAbout1983-14 Approving a Second Addendum to the Collateral Agreement Dated September 3, 1974 to the TOV Cable Television FranchiseRESOLUTION #14. Series of 1983) A RESOhUTION APPROVING A S7~COND ADDENDUM TO THE COI~LATE:iiAL AGREEMENT D!~TED SEPTEMBEP~ 3 , 1974, PERT~,INING ~i'0 THE TOr9N OF VATL CABLE TELEV T S T ON FRANCHISE .~.ND THE ADDENDUM F1'u SAID AGREEII~IENT DATED AUGUST' 18 , 19 81. . WHEREAS, the Town Council of the Town of Vail, Colorado the "Town") deems it to be in the best interest of the Town to amend certain provisions of the Agreement dated September 3, 1974, as subsequently amended, pertaining to the cable television franchise granted by the Town pursuant to Ordinance #14, Series of 1974. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: The proposed Second Addendum to the Collaterial Agreement to Town of Vail Ordinance #14, Series of 1974, all dated September 3, 1974, and the Addendum to the Collateral Agreement dated August 18, 1981, a copy of which Second Addendum is attached hereto as Exhibit A, is hereby approved. DATED this l.st day of November, 1983. r~ Rodney E. Slier, Mayor ATTEST: A EXHIBIT "A" SECOND ADDE~TD[IM THIS SECOND ADDEi~1I~T,iM to the Collateral Agreement to Town of Vail. Ordinance #14, Series of 1974, all dated September 3, ~.~~74, and theAddendumtotheCollateralAgreement, dated August 18, 19$1, is made and entered into this 1st day of November, 1983, by and between the Town of Vail, Colorado, a ~:~olorado municipal carporation (the "Town"),and Cablevision Asso~:ia.tes VI, a Limited Partnership, by its general partner, Cablevision VT, Inc. d/b/a Heritage Cablevision, Inc. Heritage"}, WHEREAS, the Town by Ordinance #14, Series of 1974 (the "Ordinance"), granted a cable television franchise to Community Television Investment,Inc. ("CTT"} and simulatenously entered into an agreement (the "Collateral Agreement"} dated September 3, 1974, with CTI relating to mutual obligationsofthepartiesundertheFranchise; and WHEREAS, the sale of the Franchise by CTI to Vail Cable Communications,Inc. ("Vail Cable"} was approved by the Town Council on September 7, 1976; an d WHEREAS, on August 18, 1981, the Town Council entered an Addendum the "First Addendum") to the Ordinance and the Collateral Agreement with Cablevision Associates VI, a Limited Partnership, the general partner of which is Cablevision VI, Inc.,' an Iowa corporation wholly owned by Heritage Communications, Inc, d/b/a Heritage Cablevision, Inc., approving the sale and transfer of the Franchise by Vail Cable to Cablevision Associates VI and establishing the terms and conditions for said transfer; and WHEREAS, the parties desire to amend certain provisions of the Collateral Agreement and the First Addendum as hereinafter set forth. NOW, THEREFORE, BE IT AGREED as follows: 1.) Paragraph 2.1.7. of the Collateral Agreement is hereby revised to read as follows: FuII-time carriage of any operating FM or AM station that is now or hereafter licensed by the FCC to serve Vail shall be carried on the audio portion of the channels set forth in paragraphs 2.1.3 and 2.1.5. above, whenever such channels are operable. 1~; ~,1''' ~ !; ~ ATTEST T ~ ~'.d~.C' ~ ~ I a~ r ~' Pamela A. Brandmeyer 4 Town Clerk ATTEST: TOWN OF VAIL, a Colorado municipal carporation B ~, ,y /~-~ L~ CABLEVISION ASSOCIATES VT, A LTbiITED PARTNERSHIP, by its general partner, Cablevision VI, Tnc. By: Title: EXHI~3IT "A" SECOND ADDENDUM THIS.SECOND ADDENDUM to the Collateral Agreement to Town i~f Vail Ordinance#14, Series of 1974, all dated September 3, 1974, and the Addendum to the Collateral Agreement dated August 18, 1981, is made and entered into this 1st day of November, 1983, by and between the' Town of Vail, Colorado, a Colorado municipal corporation (the "To.~~n"), and Cab l,E:va.siot~ Associates VI , a Limited Partnership, by I.t~ ,general partner, Cablevision VI, Inc. d/bJa Heritage Cablevision, Inc. Heritage"}. WHEREAS, the Town by Ordinance #14, Series of 1974 (the "Ordinance"), granted a cable television franchise to Community Television Investment, Inc. ("CTI"} and simulatenously entered into an agreement (the "Collateral Agreement") dated September 3, 1974, with CTI relating to mutual obligations of the parties under the Franchise; and WHEREAS, the sale of the Franchise by CTI to Vail Cable Communications, Inc. ("Vail Cable"} was approved by the Town Council on September 7, 1976; and WHEREAS, on August 18, 1.981, the Town Council entered an Addendum the "First Addendum") to the Ordinance and the Collateral Agreement with Cablevision Associates VI, a Limited Partnership, the general partner of which is Cablevision VI, Inc.,' an Towa corporation wholly owned by Heritage Communications, Inc. dfbJa Heritage Cablevision, Inc., approving the sale and transfer of the Franchise by Vail Cable to Cablevision Associates VI and establishing the terms and conditions for said transfer; and WHEREAS, the parties desire to amend certain provisions of the Collateral Agreement and the First Addendum as hereinafter set forth. NOW, THEREFORE, BE IT AGREED as follows: Z.} Paragraph 2.1.7. of the Collateral Agreement is hereby revised to read as follows: Full-time carriage of any operating FM or AM station that is now or hereafter licensed by the FCC to serve Vail shall be carried on the audio portion of the channels set forth in paragraphs 2.1,3 and 2.1.5. above, whenever such channels are operable. TOWN OF VAIL, a Colorado municipal corporation B . ~~ ~ 7. CAHLEVISION ASSOCIATES VI, A LIMITED PARTNERSHIP, by its general partner, Cablevision VI, Inc, By. Title: