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HomeMy WebLinkAbout1977-10-18; City Council; Resolution 52341 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 5234 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING THE AGREEMENT BETWEEN DANIELS PROPERTIES, INC. AND LA COSTA COMMUNITY ANTENNA SYSTEM, TNC., PROVIDING A METHOD OF DELIVERING CABLE TELEVISION SERVICE TO BOTH THE SEAPORT AND SPINNAKER HILLS DEVELOPMENTS. WHEREAS, in accordance with Chapter 5.28 of the Carlsbad Municipal Code, the City Council introduced for adoption Ordinance No. 6058, awarding nonexclusive cable television franchises to DANIELS PROPERTIES, Inc. and LA COSTA COMMUNITY ANTENNA SYSTEM, Inc.; and WHEREAS, Section 2, Ordinance No. 6058, requires both grantees to agree to a method whereby temporary cable television service is provided to the Seaport and Spinnaker Hills developments; and WHEREAS, Section 2, Ordinance No. 6058, requires the City Council to approve such an agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the agreement contained in a letter dated September 28, 1977, filed with the City Clerk of the City of Carlsbad and shown as Exhibit "A" , attached hereto and contained herein, is approved. xxxx xxxx xxxx xxxx 1 2 3 4 5 6 7 8 9 10 11 12 12 11 1: 1E 17 1€ 1s 2c 21 22 22 24 25 26 27 28 0 0 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 : Councilmen Frazee, Lewis, Packard and Skotnicki NOES : None ABSENT: Councilwoman Casler ATTEST: (SEAL) Daniels Properties, inc. 2930 East Third Avenue Denver, Colorado 80206 Gentlemen: September 28, 1977 This wi I1 confirm the understanding and agreement between Daniels Properties, fnc, (Daniels) and La Costa Community Antenna System, Inc, (La Costa) pertaining to the furnishing of cable service to the Seaport and- Spinnaker- Hi1 Is 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 ubdivision within 15 days after submission of invoice by La e signal to Daniels at El Camino Real and Alga (, Carl sbad, Ca I i forni a , 4. Danieis will construct, maintain and operate the cable systems in the Seaport and/or .Spinnaker Hi1 Is subdivisions. Daniels wil I commence construction in the 0 days after FCC app Val of its certificate of eakdown in the signal 5, in the event that t Daniels to La Costa, Daniels agrees that it will hold La Costa harmless from any and a liability of any kind or character arising out of or connected with such interruption or breakdown. - La Costa practicable 6, Daniels may terminate this agreement on six Sincerely, La Costa Community Antenna System, Jnc. oon efforts to resfore servi .I . ,. I f AGREED TO ti ACCEPTED: Daniels Properties, Inc. Fred J, BY: \ ,I -. AGREED TO ti ACCEPTED: Daniels Properties, Inc. COSTA DEL MAR ROAD - CARLSBA0,CALIFORNIA 9.2008 - AREA CODE 714 - TELEPHONE 438-9111