Reso 2004-645 - Laserfiche WebLink

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SETTLEMENT AGREEMENT This Settlement Agreement ("Agreement") is made as of February 25, 2004, by and among INTERLINK COMMUNICATIONS PARTNERS, LLC d/b/a CHARTER COMMUNICATIONS ("Charter"), ATLANTIC BROADBAND (MIAMI), LLC ("Atlantic Broadband"), and the CITY OF SUNNY ISLES BEACH, FLORIDA (the "City"). WHEREAS, the City and Charter are parties to a Cable Television Franchise Agreement, dated as of April 22, 1999 ("Franchise Agreement") and the City a cable television franchise to Charter pursuant to Cable Television Franchise Ordinance, No. 99-66 ("Ordinance") (collectively the "Franchise"); . WHEREAS, Charter has entered into an Asset Purchase Agreement with Atlantic Broadband Finance, LLC whereby the Franchise will be assigned to Atlantic Broadband (the "Transaction It); WHEREAS, the Franchise requires the franchisee to obtain the City's prior written consent to a change in ownership or transfer of control of the Franchise and provides for the City to be reimbursed for its reasonable and justifiable out-of-pocket costs in connection therewith; WHEREAS, the City contends and both Charter and Atlantic Broadband dispute that the Franchise requires the franchisee to provide, at the request of the City, such equipment, facilities and technical support as the City Commission may determine is useful for the production and cable casting of programming on the public, educational, and government ("PEG") access channels; WHEREAS, the City has generated a list of new equipment it needs in connection with producing and cable casting programming on one or more of the PEG access channels, which is set forth on the attached Exhibit A (the "Equipment"); and WHEREAS, the City, Charter and Atlantic Broadband are entering into this Settlement Agreement to satisfy certain PEG production equipment or funding obligations under the Franchise. NOW, THEREFORE, THE PARTIES HEREBY AGREE: 1. In accordance with Section 14(d) of the Ordinance and Sections 16(A)(5) and 16(B)(I) of the Franchise Agreement, Charter and/or Atlantic Broadband shall provide the City up to $56,000 to satisfy the obligation to reimburse transfer-related legal expenses pursuant to Section 8(f) of the Franchise' and to provide PEG production equipment and support pursuant to the Franchise. This settlement amount shall include an in-kind grant consisting of the new Equipment set forth in the attached Exhibit A, or new equipment of a different type or model that is of equivalent or higher performance and quality to the Equipment, with a total retail value of up to Forty One Thousand Dollars ($41,000). In the Exhibit "B" SIB