CVTV/Cable Franchise 92EXHIBIT A
FIRST AMENDMENT TO CABLE LI FN E AGREE NT
THIS FIRST AMENDMENT TO CABLE LIC4NSE AGREEMENT (the "First
Amendment"), is entered into this _�_ day of April, 1992, by
and between the City of La Quinta (the "City"), a municipal
corporation of the State of California, and Coachella Valley
Television, a division of Palmer Communications, Inc., a
Delaware corporation ("CVTV").
E E-Q I T A L 5S:
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
Palmer Cable Associates, a Florida general partnership; and
WHEREAS, La Quinta Municipal Code S 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 has agreed, as a reasonable condition to the
City Council of the City approving the transfer of the CVTV
cable television franchise, to negotiate a new 15 year
franchise agreement with the City; 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 and CVTV agree to
amend the Cable License Agreement as follows:
1. Section 1.4 of the Cable License Agreement is amended
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 is amended
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 Palmer Cable Associates (the `
"Resolution"), the Grantee shall have the
right to request renewal of its License. A
filing fee of $750.00 shall accompany the
request for a renewal. The procedures and
standards for renewal shall be consistent with
those set forth in 47 U.S.C. § 546, as
amended. The Grantee and the City shall
negotiate the renewal of the License
diligently and in good faith and for a period
not to exceed three (3) years from the date of
approval by the City Council of the City of
the resolution (the "Renegotiation Period").
If, within the Renegotiation Period, the
License is renewed, the renewal term shall be
for 15 years and upon such conditions as the
City and the Grantee 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
third anniversary of the date of adoption of
the Resolution and be of no force and effect
and the Grantee shall have no right or
authority to continue operation of its cable
television system pursuant to the terms and
conditions of its License."
3. Except as amended herein, the Cable License Agreement
shall remain in full force and effect and all provisions of the
Cable License Agreement are incorporated herein by this
reference.
IN WITNESS WHEREOF, the City and CVTV have executed this
First 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 corporat'on
By:
4 May
ATTEST
City Clerk
0203Q/2588/000 -2-
PALMER COMMUNICATIONS, INC.,
dba Coachella Valley Television,
a corporation
By: W
Its: c
0203Q/2588/000 -3-