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<br />RESOLUTION NO. 2004..~!./5
<br />
<br />A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
<br />SUNNY ISLES BEACH, FLORIDA, CONSENTING TO THE
<br />ASSIGNMENT OF THE CATV FRANCHISE FROM INTERLINK
<br />COMMUNICATIONS PARTNERS, LLC (D/B/A CHARTER
<br />COMMUNICATIONS) TO ATLANTIC BROADBAND (MIAMI),
<br />LLC ("ATLANTIC BROADBAND"); APPROVING ACCEPTANCE
<br />AGREEMENT ATTACHED HERETO AS EXHIBIT "A",
<br />SETTLEMENT AGREEMENT ATTACHED HERETO AS EXHIBIT
<br />"B" ; AND PROVIDING FOR AN EFFECTIVE DATE.
<br />
<br />WHEREAS, Interlink Communications Partners, LLC, doing business as Charter
<br />Communications ("Charter"), currently holds a franchise to provide cable television services in
<br />the City of Sunny Isles Beach (the "City") pursuant to a cable franchise from the City effective as
<br />of April 22, 1999 (the "Franchise");
<br />
<br />WHEREAS, pursuant to the Franchise, Charter provides cable service to subscribers in
<br />the City over a cable television system (the "Cable System");
<br />
<br />WHEREAS, Charter, Atlantic Broadband (Miami), LLC ("Atlantic Broadband"), and
<br />certain affiliates have entered into an asset purchase agreement, dated September 3, 2003,
<br />relating to the proposed purchase and transfer of certain cable systems, including the Cable
<br />System, from Charter to Atlantic Broadband (the "Transfer");
<br />
<br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
<br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
<br />
<br />Section I. Approval. The City Commission hereby consents to and approves the
<br />transfer of control of the Cable System and the Franchise. Following the proposed Transfer,
<br />Atlantic Broadband shall own, operate and control the Cable System subject to the terms and
<br />conditions of the Franchise, the City Charter, City Ordinance No. 99-66, other applicable laws,
<br />ordinances and regulations, and this Resolution. Charter and Atlantic Broadband submitted an
<br />application for the City's consent to the Transfer on FCC Form 394 and provided certain
<br />supplemental information with respect to the parties, the Cable System, and the proposed
<br />Transfer. The City is relying upon the information and documents submitted by Charter and
<br />Atlantic Broadband in acting upon the application for consent to the Transfer. The City intends
<br />to consent to the Transfer subject to the terms and conditions set forth herein, in the Acceptance
<br />Agreement among the City, Charter, and Atlantic Broadband, attached as Exhibit A, and in the
<br />Agreement among the City, Charter, and Atlantic Broadband, attached as Exhibit B, upon
<br />execution of the Acceptance Agreement and the Agreement by Charter and Atlantic Broadband.
<br />
<br />Section 2. Execution of Agreements. The City of Sunny Isles Beach, Florida does
<br />hereby consent to the Transfer and the assignment of the Franchise from Charter to Atlantic
<br />Broadband in the manner proposed, subject to the Acceptance Agreement, attached to this
<br />Resolution as Exhibit A, and the Agreement, attached to this Resolution as Exhibit B, upon
<br />
<br />Atlantic Broadband Cable Transfer
<br />1/16/04
<br />
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