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Home My WebLink AboutCAG1993-0577 - Extension - Franchise Provisions Related to Ordinance 3108 -01/19/2000 r i AGREEMENT BETWEEN TCI CABLEVISION OF WASHINGTON, INC. AND THE CITY OF KENT REGARDING CERTAIN FRANCHISE PROVISIONS THIS AGREEMENT regarding extension of certain franchise provisions is entered into between the City of Kent, a Washington Municipal Corporation ("City") and TCI Cablevision of Washington, Inc , d/b/a AT&T Cable Services, a Washington corporation ("AT&T") RECITALS WHEREAS,AT&T and the City entered into a franchise agreement, through City Ordinance No 3108, on May 4, 1993 (the "Franchise"), which became effective on or about June 28, 1993, the date AT&T provided the City its written acceptance of the Franchise terms, and WHEREAS,AT&T was obligated to provide, maintain and operate a public access studio within eight miles of Kent City Hall under Section 5 of the Franchise or be subject to penalties under Section 12 of the Franchise, and WHEREAS,AT&T was granted prior extensions of its obligation by Council actions through November 1, 1999, and WHEREAS, in order to pursue mutually beneficial goals of creating a Community Access Studio with an Educational Partner and other municipal partners, and which may be operated by a nonprofit group or other board not directly affiliated with AT&T, and WHEREAS, the City has agreed to extend the tune beyond November 1, 1999 for performance of AT&T's obligation to provide, maintain and operate a public access studio to allow adequate time for AT&T and the City to work cooperatively with other municipal partners to create and launch the Community Access Studio, and WHEREAS, neither party waives any right which it enjoys under the Franchise, any previous extension agreement or applicable law as a result of agreeing to this extension NOW, THEREFORE,the parties agree as follows 1 AT&T's obligation to provide, maintain and operate a public access studio will be extended to January 1, 2001, by which time the Community Access Studio must be fully operational and broadcasting Prior to the extension deadline, but no later than September 1, 2000, the parties will evaluate their progress toward the goal of creating the Community Access Studio If an Educational Partner and other government partners are not secured by September 1, 2000, AT&T shall proceed with an alternate plan to provide, maintain and operate a public access studio in accordance with the Franchise 2 AT&T will comply with all obligations under the Franchise and subsequent agreements thereto, except as modified by this agreement 3 If AT&T fails to comply with its obligations under this agreement by January 1, 2001, AT&T shall be in breach of this agreement and of Section 5 of the Franchise Without warvmg its right to make any claims it may have for other areas of default under the Franchise, the City shall have the right to reinstate all penalties available to the City under the Franchise, backdated to June 29, 1997, however, no penalties shall be imposed for AT&T's failure to meet public access studio compliance for the time period from July 1, 1999 to January 1, 2001 AT&T acknowledges that these penalties amount to no less than $200 00 per day for each day of violation until the date AT&T reaches compliance on each violation AGREED TO BETWEEN THE PARTIES on the last date written below CITY TCI CABLEVISION OF WASHINGTON, INC i By By tiu y V1dYi^i 0- �, 1 Print ame Jim Wh to Pnnt I e James H (Trey) Smith III Its Ma or Its President Date f — /a. — 3, ovc] Date //9/Gd " CERTIFICATE CERTIFICATE NUMBER - 64 _ G 1 � _ NYC-000326573:00 'RODUCER THIS CERTIFICATE IS ISSUED AS M TER OF INFORMATION ONLY AND CONFERS vlarsh USA Inc NO RIGHTS UPON THE CERTIFICAIWUDER OTHER THAN THOSE PROVIDED IN THE ktlention Rosalie Belluccia POLICY THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE FEL 212 345 5255, FAX 212 345 5991 AFFORDED BY THE POLICIES DESCRIBED HEREIN 1166 Avenue of the Amlercas,42nd Floor Jew York,NY 10036-2774 COMPANIES AFFORDING COVERAGE COMPANY )600-TCI R-RENEW-99-00 A OLD REPUBLIC INSURANCE COMPANY NSURED COMPANY -CI CABLEVISION OF WASHINGTON, INC B N/A 10 BOX 5630 )ENVER,CO 80217-5630 COMPANY C N/A COMPANY D NIA ;OVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS CONDITIONS AND EXCLUSIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS '0 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POUCY EXPIRATION LIMITS TR DATE(MMIDDNY) DATE IMMIDDNY) k GENERALLIABILITY MWZY 54957 10/15/99 10/15/02 GENERAL AGGREGATE $ X I COMMERCIAL GENERAL LIABILITY PRODUCTS COMP/OP AGG $ 2.500,000 CI_NMSMADE JA JOCCUR PERSONAL&ADV INJURY $ 2,500,000 OWNERS&CONTRACTOR'S PROT EACH OCCURRENCE $ 2,500,000 FIRE DAMAGE(Any one fire) $ MED EXP(AnY oneperson) $ k AUTOMOBILE LIABILITY MWTB 17862 10/15/99 10/15/02 COMBINED SINGLE LIMIT $ 2,500,000 X ANYAUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Psrawderl) $ — PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT $ EXCESS UABILnY AGGREGATE $ EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND WC STATU- O I IT -- _ EM PLOYERS'LIABILITY TORY LIMITS ER — _ — —_- EtEACHRCZIDENT THE PROPRIETORI INCL EL DISEASE POLICY LIMIT $ PARTNERSIEXECUTIVE OFFICERS ARE EXCL EL DISEASE EACH EMPLOYEE $ OTHER IESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESISPECIAL ITEMS(LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS) 2E FRAN RENL ORD #3108 ENABLING ORD#3107 CERTIFICATE HOLDER IS NAMED AS ADDL INSURED ON THE GL POLICY,IF REQUIRED BY NRITTEN CONTRACT :ERTiFIOA'k'EHOLDER"-, ;'. _ _ _ - - -' --' CANCELLATION - SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL -In DAYS WRITTEN NOTICE TO THE ;ITY OF KENT :ITY CLERK CERTIFICATE HOLDER NAMED HEREIN BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 20 4TH AVENUE SOUTH LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE ITS AGENTS OR REPRESENTATIVES ,ENT,WA 98032 MARSH USA INC BY Lisa Trimbler �jJ - --- - - - -__ - -FINM1,9,M199) - - VALID AS OF: 10t12/00 4 CERTIFICATE RT� c, �,ol 104; F E IFO I A E NUMBER YC_ 5 N MARSH USA "'1' '0 003267'3-00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh USA Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 1166 Avenue of The Americas POLICY.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE New York, NY 10036-2774 AFFORDED BY THE POUCHES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE COMPANY -21000-TCI R-RENEW-99-00 A OLD REPUBLIC INSURANCE COMPANY INSURED COMPANY AT&T-OUTSIDE PLANT ENG B N/A AND IMPLEMENTATION 1200 PEACHTREE ST COMPANY ATLANTA,GA 30309 C NIA COMPANY D N/A COVERAGES -g RM5! THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN =E BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY'�'PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co TYPE OF INSURANCE POUCY NUMBER POLICY EFFECTIVE POUCY EXPIRATION LTR DATE JMWDDFM DATE(MMtDDIM LIMITS -A—-GENERAL.- A UT - MWZY-5-4957— ---- 10/15/99 10/15102 -GENERAL AGGREGATE--1 X COMMERCIAL GENERAL LIABILITY PRODUCTS-CCIMP/OP AGG $ 1,000,000 CLAIMS MADE OCCUR PERSONAL&ADV INJURY $ 1.000,000 OWNERS&CONTRACTORS PROT EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE("we fire) $ MED EXP(AM we n) $ A AUTOMOBILE UABILITY MW7B 17862 10/15/99 10/15102 COMBINED SINGLE LIMIT $ 1,000,000 ANYAUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Pa Pe ) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per acodent) PROPERTY DAMAGE $ GARAGE LIABILITY Aurro ONLY-EA ACCIDENT $ ANY AUTO OTHER 1HA To ONLY, ACCIDENT $ AGGREGATE $ EXCESS LIABILITY OCCURRENCE $ UMBRELLA FORM AGGREGATEli$ OTHER THAN UMBRELLA FORM Is WORKERS COM-PRE-Re-AT-10-N-ANT— wus H EMPLOYERS'LIABILITY TORY LIMITS I I QER EL EACH ACCIDENT $ THE-PROPRtEl 'CL PARTNERSIEXEZUTIVE OFFICERS ARE: R INIEXCL EL DISEASE-EACH OTHER EMPLOYEE I$ DESCRIPTION OF OPERATIONWWCATIONStVENICUSISPEciAL ITEMS(umn-s MAY BE SUE)t6' 'ZU"BU I OR RETENTIONS) RE:FRAN RENL ORD.#3108.ENABLING ORD#3107.CERTIFICATE HOLDER IS NAMED AS ADDL INSURED ON THE GL POLICY,IF REQUIRED BY WRITTEN CONTRACT CERTIFICATE HOLDER CANCELLATION+ : 3HOUID ANY OF TIE POLItlES DEE Ml)HEREIN GE CANOEl I W BEFI THE E RAT MW CITY OF KENT Ne INSURER AFF�M CDve%AGE WILL E��TO MAIL -In DAYSmnm�� TO TqE CITY CLERK CEArPICATE��HEREIN,BUT FAILURE TO WL BjCH NOTICE ,��OR 220 4TH AVENUE SOUTH UM UIY OF ANY KIND U TEa15UnER AFFORDING COVEAACE,ITS AGENTS M REPRESENIATFIEB. KENT,WA 98032 MARSH U10,INC. BY; Joan Latham 77 7Wiw7(9/99rT! VALID 777T � _ _ OTHER THAN UMBRELLA FORM _