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: