Resolution - #88-234 - 11/29/1988

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h, 33~ the Government Access Channel (s) 16, the Educational Access Channel 51, an,! the Library Access Channel 53. The Commission and its Member Cities shall ha~e complete and unrestricted access to the above-mentioned channels, however, thc: Company will have full responsibility for the term of the Franchise for the m~intenance, repair, and technical performance of said channels. The Company sh~lI provide to the Commission ninety (90) days written notice of any pro_posed access channel realignment, and both parties hereby reserve all rights available to them regarding such proposed realignment. 'l'h~,: Company shall provide on a quarterly basis to the Commission a community tcl,_~vision programming support payment of up to a maximum of 2.5% of the Company's gross revenues and defined in the Cable Communications Franchise Ordinance, provided that the Commission funds community television programming with up to at least 50% of the franchise fees paid to the Commission fi'~:xa the Company. The community television programming support payment made by the Company each quarter shall equal one-half (1/2) of the Franchise Fee payment being made to the Commission. The first support payment shall be .lmmary 2, 1989, (and quarterly thereafter) and shall be one-half (1/2) of the Frtmchise Fee paid on that date (and quarterly thereafter). It is acknowledged that ~'he January 2, 1989 payment will be based on gross revenues from the third quarter ol~ 1988, which each payment thereafter being calculated (as are the Franchise Fees) ~_)n ~he gross revenues from the quarter before last. "Ih{., Company will provide at the beginning of each calendar year an amount of up ir, .57,000 for an equipment replacement and repair fund which shall equal the (~.al,mdar year equipment fund appropriated and escrowed by the Commission. The Company shall be relieved of all responsibility for community cable television ~..q uipment. Th~: Company will lease to the Commission at a rate of $5 per square foot per year -plus an annual inflation escalator equal to the increase in the Consumer Price Index (CPI) or three percent (3%), whichever is less, the leasehold delineated in Exhibit !~, ~tttached hereto and made a part hereof. The lease for the space number 1 of ~×!,ibi. t B shall be on an annual basis. The lease for space number 2 is Exhibit B ?;hail be on a month-to-month basis, provided, however, that should the Company ~erminate the lease to space number 2, the Company shall be responsible for all exl~enses for moving the equipment from space number 2 to space number 1, mciuding but not limited to, leasehold improvements for the enclosure of the editing sui,e previously provided in space number 2. Throughout the term of the l-¢anchise, the annual rate for the leasehold shall not exceed the amount (s) cst~blished by this section. Further, the Commission shall have an unrestricted ot)t~on to renew the lease for space number 1 throughout the term of the Franchise ~m(_l any renewals thereof terminateable by the Company only upon the event the Company is no longer a leaseholder of the facilities. In the event the Company will ~} .~onger be a leaseholder of the facilities, the Company shall provide thirty (30) day:; written notice of each leasehold termination. Th{ Company shall provide and make available to the Commission a Master Co~trol containing the equipment delineated in Exhibit C attached hereto and made a t:~m: hereof allowing for play-back on access channels. In any event, the Commission's ability to play-back on a 24-hour a day, every day, basis on all four ~cc{::ss channels shall be complete and unrestricted. RESOLUTION #88-234 Page 2 of 4