Reso 2004-645 - Laserfiche WebLink

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j CITY OF SUNNY ISLES BEACH, FLORIDA ACCEPTANCE OF TERMS AND CONDITIONS TO ASSIGNMENT OF A CABLE TELEVISION FRANCHISE ("ACCEPTANCE AGREEMENT") Interlink Communications Partners, LLC d/b/a Charter Communications ("Charter") is the franchisee under a Cable Franchise Agreement ("Franchise") dated as of April 22, 1999 with the City of Sunny Isles Beach, Florida (the "City"). Pursuant to Section 21 of City Ordinance No. 99-66 ("Ordinance"), Atlantic Broadband (Miami), LLC ("Atlantic Broadband"), Charter, and the City agree to the following for the purpose of the City consenting to the assignment of the Franchise and Charter's cable system in the City from Charter to Atlantic Broadband. I. Franchise Binding. Charter and Atlantic Broadband acknowledge and accept that (a) the transactions ("Transactions") described in an Asset Purchase Agreement dated September 3, 2003 pursuant to which the Franchise and cable system in the City will be assigned from Charter to Atlantic Broadband on or before June 30, 2004 (the "Assignment") shall not affect the binding nature of the Franchise, and the obligations and commitments provided for therein shall bind Atlantic Broadband with the same force and effect as if the Franchise had originally been executed by Atlantic Broadband, and (b) that the consent of the City to the Assignment does not constitute a waiver or release of any rights or powers of the City. 2. Acceptance. City, Charter, and Atlantic Broadband accept and agree to be bound by and fully perform their respective obligations under the terms and conditions of this Acceptance Agreement. 3. Reliance. Charter and Atlantic Broadband acknowledge that the City has consented to the Assignment in reliance upon the truth and accuracy of the written representations, documents, and information provided by them to the City, all of which are incorporated herein by reference. 4. Prior Defaults. Atlantic Broadband agrees that it shall not contend directly or indirectly that any rights the City may have had prior to the Assignment to challenge any default or failure of Charter to comply with the Franchise, Ordinance, or other matters set forth in 47 D.S.C. ~ 546(c)(l)(A) (Communications Act of 1934, Section 626(c)(l)(A)) (collectively "Defaults") prior to the Assignment are waived as a result of the transfer, including but not limited to the following (none of the parties is presently aware of any such Defaults): a. The ability of the City to obtain redress for prior Defaults, such as recovery of any underpayment of franchises fees or obtain refunds for the period prior to the Assignment. Exhibit "A" SIB