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Home My WebLink About1977-10-18; City Council; 5207-2; Cable Television Grantees Delivery of ServiceCITY OF CARLSBAD S " AGENDA BILL NO. 5207, Supplement No. 2 DATE: October 18 197 DEPARTMENT; CITY MANAGER Subject: AGREEMENT BETWEEN PROSPECTIVE CABLE TELEVISION GRANTEES CONCERNING DELIVERY OF SERVICE TO THE SEAPORT AND SPINNAKER HILLS DEVELOPMENTS, Statement of the Matter City of Carlsbad Ordinance No. 6058, introduced on October 4, 1977, provides for nonexclusive franchising of DANIELS PROPERTIES, Inc. and LA COSTA COMMUNITY ANTENNA SYSTEM, Inc. as cable television operators in the city. One of the provisions of Ordinance No. 6058 is that both grantees would agree as to a method whereby service could be provided to both the Seaport and Spinnaker Hills developments. Such agreement was reached on September 28, 1977. As provided in Ordinance No. 6058, this agreement is forwarded for City Council consideration. If the City Council concurs in the action taken the exhibited resolution should be adopted. Exhibit Resolution No. £"33*{ , with Exhibit "A". • Council Action 10-18-77 Council adopted Resolution No. 5234, approving the agreement between Daniels Properties, Inc. and La Costa Community Antenna System, Inc., providing a method of delivering cable television. service to both the Seaport and Spinnaker Hills Developments. September 28, 1977 in costB Daniels Properties, Inc. 2930 East Third Avenue Denver, Colorado 80206 Gentlemen: This will confirm the understanding and agreement between Daniels Properties, Inc. (Daniels) and La Costa Community Antenna System, Inc. (La Costa) pertaining to the furnishing of cable service to the Seaport and Spinnaker Hills subdivisions. 1. La Costa agrees to furnish its signal to Daniels for $500.00 per month, with pay- ment commencing ninety (90) days after Daniels starts furnishing service to one or more subscribers in the Seaport and/or Spinnaker Hills development. 2. Daniels agrees to reimburse La Costa for all costs incurred in installing conduit in the Seaport subdivision within 15 days after submission of invoice by La Costa. 3. La Costa will furnish the signal to Daniels at El Camino Real and Alga Road, Carlsbad, California. 4. Daniels will construct, maintain and operate the cable systems in the Seaport and/or Spinnaker Hills subdivisions. Daniels will commence construction in the Seaport subdivision within 30 days after FCC approval of its certificate of compliance. 5. In the event that there is any interruption or breakdown in the signal furnished by Daniels to La Costa, Daniels agrees that it will hold La Costa harmless from any and all liability of any kind or character arising out of or connected with such interruption or breakdown. La Costa agrees that it will use its best efforts to restore service as soon as practicable. 6. Daniels may terminate this agreement on sixty (60) days written notice to La Costa. Sincerely, La Costa Community Antenna System, Inc. AGREED TO & ACCEPTED: By Daniels Properties, Inc. Fred J. Morey -/Vfice President & Genbral Manager COSTA DEL MAR ROAD • CARLSBAD, CALIFORNIA 92OOS • AREA CODE 71-4 - TELEPHONE 438-9111 1 RESOLUTION NO. 5234 2 . RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING 3 THE AGREEMENT BETWEEN DANIELS PROPERTIES, INC. AND LA COSTA COMMUNITY ANTENNA 4 SYSTEM, INC., PROVIDING A METHOD OF DELIVERING CABLE TELEVISION SERVICE TO 5 BOTH THE SEAPORT AND SPINNAKER HILLS DEVELOPMENTS. 6 7 WHEREAS, in .accordance with Chapter 5.28 of the Carlsbad 8 Municipal Code, the City Council introduced for adoption 9 Ordinance No. 6058, awarding nonexclusive cable television 10 franchises to DANIELS PROPERTIES, Inc. and LA COSTA COMMUNITY '11 ANTENNA SYSTEM, Inc.; and 12 WHEREAS, Section 2, Ordinance No. 6058, requires both 13 grantees to agree to a method whereby temporary cable television 14 service is provided to the Seaport and Spinnaker Hills 15 developments; and 16 WHEREAS, Section 2, Ordinance No. 6058, requires the * 17 City Council to approve such an agreement; 18 NOW, THEREFORE, BE IT RESOLVED by the City Council of the 19 City of Carlsbad as follows: 20 1. That the above recitations are true and correct. 21 2. That the agreement contained in a letter dated 22 ! September 28, 1977, filed with €he City Clerk of the City 23 of Carlsbad and shown as Exhibit "A", attached hereto and 24 contained herein, is approved. 25 x x x x 26 x x x x 27 x x x x 28 x x x x 1 2 3 4 5 6 7 8 9 10 11 1? 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 2 Resolution No. 5234 PASSED APPROVED AND ADOPTED at a regular meeting of the City Council on the 18th day of October / 1977, by the following vote, to wit: AYES: Councilman Frazee, Lewis, Packard and Skotnicki NOES: None ABSENT: Counci 1 woman Casler \/^l ROBERT C. ATTEST: ROBERT C. FRAZEE, Mayo .MAR£ARBTT E. ADAMS', (City Clerk (SEAL) Carlsbad Council: x We of Rancho Ponderosa, City of Carlsbad, are exrremely destressed by the lack of concern on your part to expedite matters concerning cable T. V. Rancho Ponderosa promised that when we pur- chased our homes, we would be assured of cable T. V. with in one month !! Everyone on the council has procrastinated it Both Rancho Ponderosa and the Carlsbad City Council have ignored the promises given to us, the new homeowners ! If the residents are willing to pay for this service, we see no reason for "you" ( The Council) to not take immediate action I ! Carlsbad Council: We of Rancho Ponderosa, City of Carlsbad, are extremely destressed by the lack of concern on your part to expedite matters concerning cable T. V. Rancho Ponderosa promised that when we pur- chased our homes, we would be assured of cable T. V. with in one month II Everyone on the council has procrastinated II Both Rancho Ponderosa and the Carlsbad City Council have ignored the promises given to us, the new homeowners I If the residents are willing to pay for this service, we see no reason for "you" ( The Council) to not take immediate action 1 1 *#**« ?*** Carlsbad Council: We of Rancho Ponderosa, City of Carlsbad, are extremely destressed by the lack of concern on your part to expedite matters concerning cable T. V. Rancho Ponderosa promised that when we pur- chased our homes, we would be assured of cable T. V. with in one month !l Everyone on the council has procrastinated It Both Rancho Ponderosa and the Carlsbad City Council have ignored the promises given to us, the new homeowners ) If the residents are willing to pay for this service, we see no reason for "you" ( The Council) to not take immediate action It tffausJ-/)&*&-(^ &4/0&0& Carlsbad Council: We of Rancho Ponderosa, City of Carlsbad, are extremely destressed by the lack of concern on your part to expedite matters concerning cable T. V. Rancho Ponderosa promised that when we pur- chased our homes, we would be assured of cable T. V. with in one month !! Everyone on the council has procrastinated 11 Both Rancho Ponderosa. and the Carlsbad City Council have ignored the promises given to us, the new homeowners I If the residents are willing to pay for this service, we see no reason for "you" ( The Council) to not take immediate action u/Tveo' Ct. ^ ftiotof 5, /;;//>;. n . Carlsbad Council: x • We of Rancho Ponderosa, City of Carlsbad, are exrremely destressed by the lack of concern on your part to expedite matters concerning cable T. V. Rancho Ponderosa promised that when we pur- chased our homes, we would be assured of cable T. V. with in one month !( Everyone on the council has procrastinated It Both Rancho Ponderosa and the Carlsbad City Council have ignored the promises given to us, the new homeowners I If the residents are willing to pay for this service, we see no reason for "you" ( The Council) to not take immediate action It