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HomeMy WebLinkAbout92-05 CITY OF PRIOR LAKE ORDINANCE NO. 92-05 AN ORDINANCE AMENDING CITY OF PRIOR LAKE ORDINANCE NOS. 83-08 AND 88-21 AND PRIOR LAKE CITY CODE SECTION 3-11-1 OF TITLE 3, CHAPTER 11. The City Council does hereby ordain: Prior Lake City Code Section 3-11-1 of Title 3, Chapter 11, is hereby amended to read as follows: 3-11-1: ADOPTED BY REFERENCE: The City Council of Prior Lake hereby adopts by reference the Cable Television Franchise Ordinance, No. 83-08, as amended by Ordinance Nos. 88-21 and 92-05, copies of which are available in the office of the City Manager. Prior Lake Ordinance Nos. 83-08 and 88-21 are hereby amended as follows: Article I, Section 2(I), is hereby amended to read as follows: I. "Grantee" is DD Cable Partners, L.P., a California limited partnership, its agents or employees. Article II, Section 8, is hereby amended to read as follows: SECTION 8. WRITTEN NOTICE All notices, reports or demands that are required to be given in writing under this Franchise shall be deemed to be given when delivered personally to any officer of Grantee or the City Manager of this Franchise or 48 hours after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the party to which notice is being given, as follows: If to City: City Manager City of Prior Lake 4629 Dakota Street S.E. Prior Lake, MN 55372 If to Grantee: DD Cable Partners, L.P. Suite 420 235 Montgomery Street San Francisco, CA 94104 Attn: Leo J. Hindery, Jr. Such addressees and addresses may be changed by either party upon notice to the other party as provided in this section. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 4th day of ~_.~ay , 1992. AT~EST: C n May6r ~ This Franchise, as amended, is accepted, and we agree to be bound by all its terms and conditions. DD CABLE PARTNERS, L.P., a California limited partnership By INTERMEDIA PARTNERS II, L.P., a California ii.tie, partnership, as its general ~art~ Its Date: Published in the Prior Lake American on the _3r~d day of /.A~gust , 1992. Drafted By: Lommen, Nelson, Cole & Stageberg, P.A. 1800 IDS Center Minneapolis, Minnesota 55402 ACCEPTANCE AND ~ERTIFI~ATE DD CABLE PARTNERS, L.P., a California limited partnership, does hereby (i) accept the assignment to it of the Cable Television Franchise Ordinance (the "Franchise") described in Attachment A to Exhibit A attached hereto and further agrees with the City, Commission or other franchising authority identified in the Franchise (the "Franchisor") to perform all of the conditions and terms thereof· including the furnishing to the Franchisor of the performance bond, evidence of insurance and other items required by the Franchise, (ii) agrees that, except insofar as the undersigned as Franchisee under the Franchise shall be hereafter required to perform all of the conditions and terms thereof· including the furnishing of items as required by the Franchise as herein agreed and shall be entitled the benefits of Franchise, the provisions of the Franchise remain in full force and effect, and (iii) certifies that attached hereto as Exhibit A is a true and correct copy of an Instrument of Assignment and Assumption evidencing the assignment of the Franchise to the undersigned by Star Midwest, Inc., a Wisconsin corporation. IN WITNESS WHEREOF, the undersigned has caused th~_ AccePtance and Certificate to be executed as of the~ day of · 1992. DD CABLE PARTNERS, L.P., a California limited partnership By INTERMEDIA PARTNERS II, L.P., a California limited partnership, By as its~ EXHIBIT A INSTRUMENT QF ASSIGNMENT AND ASSUMPTION Star Midwest, Inc., a Wisconsin corporation ("Assignor") hereby assigns all of its right, title and interest in and to the Cable Television Franchise Ordinance described on Attachment A attached hereto (the "Franchise"I to DD Cable Partners, L.P., a California limited partnership, ~ts successors and assigns ("Assignee"). Assignee hereby accepts such assignment and assumes all obligations under the Franchise. IN WITNESS WHEREOF, Assignor and %~ignee have caused this instrument to be executed as of the ~-hD-day of ~ 1992. Assignor: STAR MIDWEST, INC. Date: Assignee: DD CABLE By: Its: ~~., ~ ~tp O.~-~'6;v~ Date: ATTACHMENT A City of Prior Lake Ordinance Nos. 83-08 and 88-21, as amended by Ordinance No. 92-05.