CVTV/Cable Franchise Amend 92EXHIBIT A
SECOND AMENDMENT TO CABLE LICENSE AGREEMENT
THIS SECOND AMENDMENT TO CABLE LICENSE AGREEMENT (the
"Second Amendment"), is entered into this tsk day of Dec. ,
1992, by and among the City of La Quinta (the "City"), a
municipal corporation of the State of California, Coachella
Valley Television, a division of Palmer Communications, Inc., a
Delaware corporation ("CVTV") and Colony Cablevision of
California, a division of Providence Journal Company ("Colony").
R E C I T A L S:
WHEREAS, on May 21, 1986, the City and CVTV entered into
that certain "Cable License Agreement" whereby the City granted
to CVTV a nonexclusive cable television franchise in accordance
with La Quinta Municipal Code, Chapter 5.10; and
WHEREAS, CVTV has proposed to transfer and assign its cable
television franchise granted by the Cable License Agreement to
Colony; and
WHEREAS, La Quinta Municipal Code § 5.10.090(D) provides
that a cable television franchise cannot be transferred without
prior consent of the City Council expressed by resolution, and
then only under such conditions as may therein be prescribed;
and
WHEREAS, CVTV and Colony have agreed, as a reasonable
condition to the City Council of the City approving the
transfer of the CVTV cable television franchise to Colony, for
Colony to negotiate a new cable television franchise agreement
with the City; and
WHEREAS, CVTV has agreed to negotiate a new cable
television franchise agreement and has given timely notice
requesting renewal of the franchise under 47 U.S.C. § 546; and
WHEREAS, the City desires assurance that the renegotiation
of the Cable License Agreement will be conducted in a good
faith manner by the parties and will be concluded in a timely
fashion.
NOW, THEREFORE, in exchange for the mutual promises
contained herein and for other valuable consideration, receipt
of which is hereby acknowledged, the City, CVTV and Colony
agree to amend the Cable License Agreement as follows:
1. Section 1.4 of the Cable License Agreement as amended
by the First Amendment is deleted in its entirety and replaced
in its entirety to read as follows:
"1.4 Duration. Except as qualified by
Section 1.5 below, the term of the License
shall be fifteen (15) years from the effective
date hereof at which time it shall expire and
be of no force and effect."
2. Section 1.5 of the Cable License Agreement as amended
by the First Amendment is stricken in its entirety and replaced
in its entirety to read as follows:
"1.5 Renewal. Immediately upon the
adoption of a resolution by the City Council
of the City approving the Grantee's
application for transfer and assignment of its
License to Colony Cablevision of California, a
division of Providence Journal Company
("Colony") (the "Resolution"), Colony shall be
deemed to have been assigned the written
request for renewal of its License that was
originally filed by CVTV. Colony shall pay a
filing fee of Seven Hundred and Fifty Dollars
($750) in connection with the renewal
negotiations. The procedures and standards
for renewal shall be consistent with those set
forth in 47 U.S.C. § 546 as amended. The
parties have agreed to proceed under the
informal renewal process set forth in 47
U.S.C. § 546(h), as amended. Colony and the
City shall negotiate the renewal of the
License diligently and in good faith and for a
period not to exceed two (2) years from the
date of approval by the City Council of the
City of the resolution (the "Renegotiation
Period") and Colony shall reimburse the City
for the City's reasonable costs and expenses
incurred in connection with the renewal
process during the Renegotiation Period. If,
within the Renegotiation Period, the License
is renewed, the renewal term shall be for such
years and upon such conditions as the City and
Colony shall agree. Should renewal
negotiations not be completed prior to the
expiration of the Renegotiation Period, then,
notwithstanding Section 1.4 above, the term of
the License shall expire upon the second
anniversary of the date of adoption of the
Resolution and be of no force and effect and
Colony shall have no right or authority to
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continue operation
system pursuant to
its License."
3. Except as amended
shall remain in full force
Cable License Agreement are
reference.
of its cable television
the terms and conditions of
herein, the Cable License Agreement
and effect and all provisions of the
incorporated herein by this
IN WITNESS WHEREOF, the City, CVTV and Colony have executed
this Second Amendment as of the date and year first above
written.
APPROVED AS TO FORM:
STRADLING, YOCCA, CARLSON &
RAUTH
�.
Dawn C. Honeywell", -
City Attorney
CITY OF LA QUINTA
a municipal corporation
By:
M or pro m
ATT ST:
City Clerk
PALMER COMMUNICATIONS,
dba Coachella Valleey A
a Delay A,4a ggefiora
By:
Its
COLONY CABLEVISION OF
CALIFORNIA, a division of
PROVIDENCE JOURNAL COMPANY, a
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3914Q/2588/000 -3-