Reso 2004-645 - Laserfiche WebLink

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event of an in-kind grant of equipment, to the extent possible and permitted under law, the City shall allow Charter and/or Atlantic Broadband to utilize the City's tax-exempt status to purchase the new Equipment on the City's behalf without sales tax. In the alternative, if the City uses its tax exempt status to purchase the new Equipment, then Charter and/or Atlantic Broadband agrees to reimburse the City within thirty (30) days. 2. The cash portion of the settlement amount will be paid by' the franchisee within thirty (30) days of the Effective Date of the Resolution consenting to the Transaction. The equipment shall be provided within sixty (60) days of a written request for same by City. 3. Charter and/or Atlantic Broadband shall provide the necessary pre-wiring, materials, and labor at a cost to them not to exceed Seventeen Thousand Dollars ($17,500) to instalfthe Equipment within thirty days (30) after purchase at the location(s) identified by the City. 4. The City's acceptance of this payment and equipment acknowledges the City's agreement that the franchisee has fulfilled its obligations to provide PEG production equipment and funding pursuant to the Franchise. Notwithstanding any provision in this Agreement, the City reserves all rights that it may have under the Franchise. 5. In accordance with Section 14(h) of the Ordinance and applicable law, the capital facilities grant set forth in Section I of this Agreement may be passed through to cable subscribers to the City as a franchise-related cost. The City, Charter, and Atlantic Broadband agree that those funds or in-kind contributions provided pursuant to this Agreement shall not constitute a franchise fee. 6. This Agreement shall be effective upon execution by all of the parties thereto and is subject to the City's adoption of the Resolution consenting to the Transaction by February 27,2004. OF SUNNY ISLES BEACH, SIB