726-TWEAN FRANCHISE RENEWAL AGREEMENT ..........
CITY OF SANFORD
WHEREAS, Time Warher Entertainment-Advance/Newhouse Partnership ("TWEAN")
holds a franchise to provide cable service in the City of Sanford ("City"); and
WHEREAS, TWEAN seeks a renewal of its franchise under the provisions of the Federal
Cable Act; and
WHEREAS, the City of Sanford has considered the application of TWEAN for a
franchise renewal and determined that it meets the requirements of applicable provisions of city,
state and federal law, and that issuance of a franchise to TWEAN is in the best interests of the
residents of the City of Sanford.
NOW, THEREFORE, TWEAN and the City enter into this Franchise Renewal
Agreement on the terms set forth herein:
1. The City hereby renews TWEAN's franchise to use the City streets and other
public ways for the installation, maintenance and operation of a cable system.
2. -. This franchise shall extend to the area within the corporate limits of the City of
Sanford.
3. The term of this franchise shall be ten years, commencing on August 10, 1998 and
terminating on August 10, 2008.
4. This Franchise Agreement incorporates by reference the provisions of City of
Sanford Ordinance No. 34-26 as in effect on the date hereof.
5. In the event any of the material terms and conditions of any franchise or other
right to use the rights-of-way granted to any other party is (are) more favorable
(by inclusion, exclusion, or altering of such material provision(s)) to such other
party than the corresponding terms and conditions of this franchise, then this
franchise shall be amended to include such more favorable terms and conditions.
6. Any notice, demand of request that is requested or permitted to be made pursuant
to this Franchise shall be served in person, or by registered or certified mail,
return receipt requested, or by express mail or similar courier service, addressed to
the party to be served at the address referenced herein below. The addresses
stated herein may be changed as to the applicable party by providing the other
party with notice of such change of address in the manner provided in this section.
Post-it~ Fax Note 7671
If to the City: City of Sanford
300 N. Park Avenue
Sanford, Florida 32771
Atm: Mayor and Commission
Phone: (407)330-5601
If to the Grantee: Time Wamer Entertainment-
Advance/Newhouse Partnership
d/b/a Time Warner Communications
2251 Lucien Way, Suite 320
Maitland, Florida 32751
Atm: Vice President Government Relations
Phone: (407)660-5524
7. This Franchise Agreement may be amended only by a writing executed by both
parties.
8. The following provision of the Ordinance is waived pursuant to Section 3(b) of
the Ordinance to the extent provided herein. Ordinance Section 25 - this Section
is waived to the extent any provisions thereof are inconsistent with the provisions
of 47U.S.C.546.
9. Prevention or delay of performance by TWEAN of any obligation under this
Agreement or the Cable Ordinance due to circumstances beyond the control of the
Company, unforeseen circumstances or Acts of God' shall not be deemed
noncompliance with, or in violation of, this Agreement or the Cable Ordinance.
CITY OF S FORD
TIME WARNER ENTERTAINMENT-
ADV NCE/NE OUSE PARTN P
d/b/a M COMM IONS
· ~4A ' TRANSMITTAL !'~
, ~ ~ MEMO~xTIDt, J'M
~b0'~ TO: ~anet R. Doug~erty DATE: December ~, 1998
City Clerk
CITY OF SANFOP~D Re: Cable Franchise
300 N. Park Ave. Renewal Agreement
Sanford, FL 32771
DOCUMENTS OR PAPERS LISTED BELOW ARE ENCLOSED:
1. Original Franchise Renewal Agreement
PLEASE TAKE THE FOLLOWING ACTION:
Time Warner returned the original agreement for the City's records.
The City could insert the date the agreement was signed by the
Mayor next to his signature if desired.
THAiqK YOU.
STENSTROM, McINTOSH, COLBERT, WHIGHAM & SIMMONS, P.A.
Attorneys at Law
Suite 22, Sun Bank
200 W. First Street
Sanford, Florida 32771
Post Office Box 4848
Sanford, Florida 32772-4848
Telephone: (407) 322-2171
William L. Colbert, Esq.
WLC/nah