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<br />1. To the extent required, the City of Sunny Isles Beach hereby consents to the <br />assignment and transfer of the cable system from RNSF to ICP; <br /> <br />2. That the consent granted herein does not constitute and should not be construed to <br />constitute a waiver or release of any obligations of the Franchisee under the County Cable <br />Television Code as adopted by the City; <br /> <br />3. That the consent granted herein does not and should not be construed to constitute <br />a waiver of any right of the City under applicable law; and further, this consent shall not prejudice <br />the City's rights with respect to the enforcement, renewal or transfer of the current cable television <br />system license; <br /> <br />4. That the consent herein granted is conditioned upon (a) ICP's assurances set forth <br />in its affidavit submitted to the City on and attached hereto as Exhibit A; (b) ICP's acceptance of <br />the proposed City of Sunny Isles Beach cable television ordinance; (c) ICP's execution ofa cable <br />television franchise agreement with the City in accordance therewith; and (d) ICP's submission to <br />the City of cost recovery for all costs incurred by the City directly or indirectly related to the <br />franchising and transfer process including, but not limited to, consulting fees and legal fees no <br />later than thirty (30) days after the effective date of this Resolution. <br /> <br />5. That the consent herein granted is for the limited right to provide cable television <br />service, and to the extent not otherwise prohibited by applicable law, the franchisee shall be <br />required to obtain permission from the City in the form of a grant, franchise, permit, license, or <br />other authorization so designated by the City, prior to its providing any other services within the <br />City, including but not limited to, telecommunications to the extent not explicitly prohibited by <br />applicable law; <br /> <br />6. That the City hereby reserves all of its rights pursuant to Federal and local law <br />including, but not limited to the rights in (a) the franchise grant and renewal process including, <br />but not limited to, the right to consider violations of the franchise by the current licensee; (b) the <br />franchise transfer process including, but not limited to, the right to act upon any application to <br />sell, assign or otherwise transfer controlling ownership of the cable system; and (c) the <br />enforcement of the current Cable Television License issued by the County; <br /> <br />7. That the consent herein granted expressly does not waive and expressly reserves to <br />the City of Sunny Isles Beach its rights to fully exercise all applicable legal rights and authority <br />against RNSF and ICP and its affiliates in connection with any use of the City of Sunny Isles <br />Beach's rights of way not authorized by the City including, but not limited to levying fines or <br />instituting litigation for trespass and ejectment; <br /> <br />8. That the consent herein granted is an express non-waiver and reservation of the <br />City's rights and authority against ICP for any material franchise violations that may exist <br />including, but not limited to those in connection with any unauthorized use of ICP's facilities or <br />facilities by any entity in any way affiliated with a company in which a member of the Rifkin <br />family or ICP has an interest; <br /> <br />Rifkin cable television <br /> <br />-2- <br />