The URL can be used to link to this page

Home My WebLink About07-084 CC Resolution I I I RESOLUTION NO. 07-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AND AUTHORIZING THE EXECUTION OF AMENDMENT NO. 1 TO THE NONEXCLUSIVE CABLE FRANCHISE AGREEMENT BETWEEN THE CITY AND VERIZON CALIFORNIA, INC. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. This resolution is adopted in consideration of the following facts and circumstances: A. The City and Verizon California, Inc. ("Franchisee") are parties to that certain Cable Franchise Agreement dated July 11, 2006 ("Franchise Agreement") that authorizes Franchisee the right to own, construct, operate, and maintain a Cable System in the franchise area designated in the Franchise Agreement. B. City and Franchisee desire to amend the Franchise Agreement to modify the respective rights and obligations of the parties, as specified in Amendment NO.1 that is attached to this Resolution. Section 2: That certain Amendment No. 1 to Cable Franchise Agreement in the form presented to the City Council at this meeting is approved, and the Mayor is authorized and directed to execute that document on behalf of the City following its execution by the Franchisee. Section 3: The City Clerk is directed to transmit a certified copy of this resolution to: Mr. Tim McCallion, President, Pacific Region, Verizon California, Inc., 112 Lakeview Canyon Road, Thousand Oaks, California 91362. Section 4: Resolution 07-75 adopted September 25,2007 is hereby repealed. Section 5: The City Clerk is directed to certify to the passage and adoption of this resolution. R:/Resos 2007/Resos 07-84 I I I PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of October, 2007. ATTEST: [SEAL] R:/Resos 2007/Resos 07-84 2 huck Washington, Mayor I I I STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 07-84 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9th day of October, 2007, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Naggar, Roberts, Washington NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None W. Jones, MMC City Clerk R:/Resos 2007/Resos 07-84 3 I I I AMENDMENT NO.1 TO CABLE FRANCHISE AGREEMENT This AMENDMENT NO.1 TO CABLE FRANCHISE AGREEMENT ("Amendment") is entered into this _ day of , 2007 by the City of Temecula, a municipal corporation duly organized under the applicable laws of the State of California (the "City"), and Verizon California Inc., a corporation duly organized under the applicable laws of the State of California ("Franchisee"), with respect to the following recitals offact: A. City and Franchisee are parties to that certain Cable Franchise Agreement dated July II, 2006 (the "Franchise Agreement") that grants to Franchisee the right to own, construct, operate and maintain a Cable System in the Franchise Area designated in the Franchise Agreement. Capitalized terms used herein and not otherwise defined shall have the meanings assigned to those terms in the Franchise Agreement. B. City and Franchisee desire to amend certain provisions of the Franchise Agreement to modify the respective rights and obligations of the parties. NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: I. Amendment of Section 3.1.2. Section 3.1.2 ("Extended Service Area") of the Franchise Agreement is amended to read as follows: "3.1.2. Extended Service Area: Within twenty-seven (27) months following the Service Date, Franchisee shall provide Cable Service to all residential areas in the Extended Service Area subject to the conditions of Section 3.1.1 above and other terms set forth herein. Provided, however, that the Extended Service Area boundaries may be modified in whole or in part by Franchisee by demonstration to City that it would be technically or economically infeasible to serve an area within the Extended Service Area." 2. Replacement of Exhibit A. Exhibit A to the Franchise Agreement is hereby replaced with Exhibit A attached hereto, which modifies the Initial Service Area and the Extended Service Area. 3. Amendment to Exhibit B. The text under the heading "Future City Facilities" in Exhibit B ("Municipal Buildings to be Provided Free Cable Service") is amended in its entirety to read as follows: "Franchisee shall provide, without charge, one service outlet activated for Basic Service to the following municipal buildings, which are planned or under construction:" 4. Amendment to Exhibit C. Paragraph D of Exhibit C ("Support of Local Cable Usage") is amended in its entirety to read as follows: I I I "D. Support of Local Cable Usage: I. Franchisee shall provide an annual grant to the City to be used in support of the production oflocal EG programming (the "Annual EG Grant"). Such grant shall be used by City of the EG access equipment, including, but not limited to studio and portable production equipment, editing equipment and program playback equipment, for renovation or construction of EG access facilities. 2. The Annual EG Grant provided by Franchisee hereunder shall not exceed one percent (1 %) of the Franchisee's Gross Revenue as defined in Section 1.18. The actual percentage amount and the commencement date to begin collection of the Annual EG Grant will be determined by the Temecula City Council. City shall give the Franchisee sixty (60) days prior written notice before requiring payments under this section. The Annual EG Grant payment, along with a brief summary of the Subscriber information upon which it is based, shall be delivered to City within sixty (60) days after the beginning of each calendar year during the Franchise Term. Franchisee's obligation to pay the Annual EG Grant is contingent on all other cable operators providing EG support on the same percentage of Gross Revenue basis. 3. The City shall provide Franchisee with a complete accounting annually of the distribution of funds granted pursuant to this Section." 5. No Implied Modifications. The parties confirm that, except as specifically set forth in this Amendment, all of the terms, covenants, and conditions set forth in the Franchise Agreement remain unmodified and in full force and effect. 6. Entire Agreement. This Amendment and the attached Exhibit A supersede all prior or contemporaneous agreements, representations or understandings of the parties regarding its subject matter. This Amendment shall not be modified except by written instrument executed by both parties. 7. Binding Acceptance. This Amendment shall bind and benefit the parties and their respective heirs, beneficiaries, administrators, executors, receivers, trustees, successors and assigns. I I I TO EFFECTUATE THIS AMENDMENT, each of the parties has caused this Amendment to be executed by its duly authorized representative on the date set forth below the authorized signature. APPROVED AS TO FORM: CITY OF TEMECULA Peter M. Thorson City Attorney Chuck Washington Mayor Date: ATTEST: Susan W. Jones, MMC City Clerk VERlZON CALIFORNIA INC., a California corporation By: Tim McCallion, President Date: EXHIBITS Exhibit A: Service Area Map Exhibit B: Municipal Buildings To Be Provided Free Cable Service I I: I EXHIBIT A - SERVICE ARE A MAPS .. Q)- -SE ~~ .2"iii a,() .. . :E.!!! ..::I l!!~ B~ -... ~o ~~ () z "'"" :i ",:li u ~ i ~ . :Ii '" o J o ~f 'j ! h~ .~ If !~ h!n fil 0 I 1 I EXHIBIT B MUNICIPAL BUILDINGS TO BE PROVIDED FREE CABLE SERVICE Pursuant to Section 3.3 of this Agreement, Franchisee shall provide, without charge, one service outlet activated for Basic Service to the following buildings used for municipal purposes. City Facilities: . City Hall 43200 Business Park Drive . Field Operations Center 43210 Business Park Drive . Community Recreation Center 30875 Rancho Vista Road . Mary Phillips Senior Center 41845 6th Street . Temecula Community Center 28816 Pujol Street . Temecula Valley Museum 28314 Mercedes Street · Imagination Workshop, The Temecula Children's Museum 42081 Main Street . Old Town Temecula Community Theater 42051 Main Street . Harveston Community Park - Community Building 28582 Harveston Drive . Fire Station No. 12 28330 Mercedes Street . Fire Station No. 73 27415 Enterprise Circle West . Fire Station No. 84 30650 Pauba Road . Fire Station No. 92 32364 Overland Trail I I I · Temecula Police Department/Southwest County Detention Center 30755-A Auld Road . Old Town Police Sub-Station 28410 Old Town Front Street, Suite 105 . Promenade Mall Police Sub-Station 40820 Winchester Road, Suite 1870 Temecula Vallev Unified School District Facilities: . District Office 31350 Rancho Vista Road . Maintenance and Operations/Transportation 40516 Roripaugh Road . Chaparral High School 27215 Nicholas Road . Great Oaks High School 32555 Deer Hollow Way . Rancho Vista High School 31340 Rancho Vista Road . Temecula Valley High School 21555 Rancho Vista Road . Erie Stanley Gardner Middle School 45125 Via Del Coronado . James 1. Day Middle School 40775 Camino Campos Verdes . Margarita Middle School 30600 Margarita Road . Temecula Middle School 42075 Meadows Parkway . Vail Ranch Middle School 33340 Camino Piedra Rojo . Abby Reinke Elementary School 43799 Sunny Meadow Drive I I I . Helen Hunt Jackson Elementary School 32400 Camino San Dimas . Crowne Hill Elementary 33535 Old Kent Road . Paloma Elementary School 42940 Via Rami · Pauba Valley Elementary School 22125 Regina Drive . Rancho Elementary School 31530 La Serena Way . Redhawk Elementary School 32045 Camino San Jose . Sparkman Elementary School 32225 Pio Pico Road . Temecula Elementary School 41951 Moraga Road . Vail Elementary School 29915 Mira Loma Drive . Vintage Hills Elementary School 42240 Camino Romo . Y sabel Barnett Elementary School 39925 Harveston Drive County Facilities: · Temecula Branch Library 41000 County Center Drive Future Citv Facilities: Franchisee shall provide, without charge, one service outlet activated for Basic Service to the following municipal buildings, which are planned or under construction. . Temecula Public Library 30620 Pauba Road . Wolf Creek Fire Station 32211 Wolf Valley Road I · Patricia H. Birdsall Sports Park (formerly Wolf Creek Sports Complex) 31621 Deer Hollow Way . Roripaugh Fire Station 32121 S. Loop Road . New City Hall TBD - (corner of Main St. and Mercedes St.) . New Field Operations Center 43230 Business Park Drive I I