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<br />WHEREAS, the Commission determined to grant Cablevision a non-exclusive franchise <br />to own, construct and operate a cable television system the City, subject to the terms and <br />conditions set forth herein and in the ordinance, is consistent with the public interest; and <br />WHEREAS, the City and Cablevision have reachedagreement on the terms and conditions <br />of such a franchise agreement. <br /> <br />NOW THEREFORE, in consideration of the City's gram of Cablevision's franchise to <br />own, construct, install, maintain and operate a cable system within the City, and to use and occupy <br />the streets of the City for that purpose, and in consideration of Cablevision's promise to provide <br />cable service to residents of the City pursuant to the ordinance and under the terms and conditions <br />set forth herein, and in consideration of the promises and undertakings herein, and other good and <br />valuable consideration, the receipt and the adequacy of which is hereby acknowledged, the <br />franchise is hereby granted and <br /> <br />The signatories do hereby agree as follows: <br /> <br />Section 1. <br /> <br />Definitions. <br /> <br />Except as otherwise provided herein, the definitions in section 3 of Ordinance No. 99-~ <br />of the City of Sunny Isles Beach, Florida shall govern this franchise agreement. In addition, the <br />following definitions shall apply: <br /> <br />A. Ordinance shall mean Ordinance No. 99- "c, of the City of Sunny Isles Beach, <br />Florida and as said Ordinance has or may hereinafter be amended. <br /> <br />B. Franchisee or Cable vision shall mean Rifkin/Narragansett South Florida CATV <br />Limited Partnership, Interlink Communications Partners, LLLP and its lawful and permitted <br />successors, assigns and transferees pursuant to section 29 and 30 of this agreement and Ordinance <br />No. 99- Co~ of the City Sunny Isles Beach, Florida. <br /> <br />C. Franchise area shall mean the entire area within the legal boundaries of the City, <br />and such other areas as may hereinafter be annexed or incorporated by the City during the term <br />of the franchise. <br /> <br />D. Notice to the cable operator shall be deemed effective upon receipt. Notice to the <br />City shall be effective upon receipt by the City Manager. <br /> <br />E. Gross revenues on which franchise fee payments to the City are calculated shall be <br />defined as provided for in section I(T) of Ordinance No. 99-~. <br /> <br />-2- <br /> <br />Cable Franchise ^greemeOl <br /> <br />~ <br />