A resolution transferring a non-exclusive franchise from televents group Inc. to vantage cable associates Inc.
Whereas, Televents Group, Inc., d/b/a Televents of Limon ("Televents"), operates a cable television system in the Town of Deer Trail, Colorado (the "Town") pursuant to a non-exclusive
franchise granted to C&C Cable Company, d/b/a Deer Trail Cable Co., by Ordinance No. 167 dated April 8, 1986, which franchise was subsequently transferred to Televents with the consent of the Town as provided in Ordinance No. 170 dated December 1, 1987 (the "Non-Exclusive Franchise").
Whereas, Televents has requested that the Town Board of trustees of the Town approve the transfer of the Non-Exclusive Franchise to Vantage Cable Associates, Inc. ("Vantage"), Vantage's
subsequent transfer of the Non-Exchange Franchise to Vantage Cable Associates, L.P., an Iowa limited partnership ("Vantage L.P."), and any subsequent transfer to an Affiliate, as defined below,
pursuant to the terms of the Cable Communications Policy Act of 1984.
Whereas, the Town Board of Trustees of the Town desires to approve the transfer of the Non-Exclusive Franchise.
Now, therefore, be it resolved by the Board of Trustees of the Town of Deer Trail:
- The transfer to Vantage of the Non-Exclusive Franchise is hereby approved, as is any subsequent transfer of the Non-Exclusive Franchise to Vantage L.P. or any Affiliate, pursuant to Section X of Ordinance No. 167.
- Without limiting the generality of the foregoing, it is acknowledged that Vantage may transfer the Non-Exclusive Franchise to Vantage L.P. and Vantage L.P. shall have the right and authority to assign and transfer the Non-Exclusive Franchise to any person or entity which is affiliated therewith (Affiliate") by virtue of direct, indirect and/or common control or ownership, without the necessity of obtaining any further consents from the Town or paying any transfer fees to the Town and that Vantage, Vantage, L.P. and each Affiliate shall have the right and authority to further assign the Non-Exclusive Franchise to any Affiliate and to pledge its or their right, title or interest in the Non-Exclusive Franchise to any lender(s) as collateral for loans, and said lender(s) shall have the rights of a secured creditor with respect thereto under the Uniform Commercial Code, as enacted under the laws of the State of Colorado.
- The Non-Exclusive Franchise gives the Town the right, under certain circumstances, to purchase the Non-Exclusive Franchise and related cable properties. The Town hereby waives any right it may have under Section X of Ordinance No. 167 to purchase the Non-Exclusive Franchise and related cable properties being transferred from Televents to Vantage and to be transferred by any subsequent transfer to Vantage L.P. or any Affiliate. Vantage or Vantage L.P. will advise the Town of any such transfer to an Affiliate.
- The terms and conditions of the Non-Exclusive Franchise shall not be amended or altered, except that all provisions of the Non-Exclusive Franchise shall be subject to the Cable Communications Policy Act of 1984.
- This approval shall be effective upon the date of closing of the transaction transferring and assigning the cable television system from Televents to Vantage.
This Ordinance passed this 6 day of December 1988.
Mark Dille, Mayor
Attest: Tam M Intermill, Town Clerk