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Home My WebLink About03-90.docMARCH 25, 2003 03-90 RESOLUTION (CARRIED 5-1P LOST LAID OVER WITHDRAWN .) PURPOSE: APPROVE LINE EXTENSION AGREEMENT/ CHARTER CABLE PARTNERS, LLC INITIATED BY: CITY ADMININSTRATION BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Agreement with Charter Cable Partners, LLC, d.b.a. Charter Communications is approved; that the proper City officials are hereby authorized to execute and deliver the agreement in substantially the same form as attached hereto, any changes in the execution copy being deemed approved by their respective signatures; and that said City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Agreement. LINE EXTENSION AGREEMENT THIS AGREEMENT is entered into this day between the City of Oshkosh, Wiscons~n (City) and Charter Cable Partners, LLC, d.b.a. Charter Communications (the "Company"). This non-exclusive agreement provides for the service and extension of cable telecommunications in to the City of Oshkosh. Wisconsin. brought about by annexations from contiguous communities. Service areas and line extension policy. The Company may maintain its existing cable television distribution network ("System") in the City to serve the addresses listed in Exhibit A, attached to this agreement and made part of this agreement, said addresses were previously incorporated into the City by annexation from contiguous communities. In the event that the City annexes additional parcels whose customers are served by the Company, the Company may continue to provide cable and information services under the terms of this agreement without further approval by the City. However, the Company shall not extend service to other addresses without first securing approval from the City. Nor shall the Company extend its system beyond its current distribution network design, as shown in Exhibit B, attached to this agreement and made a part of this agreement, unless it otherwise obtains a franchise from the City, pursuant to Chapter 31, of the City of Oshkosh Municipal Code. Services to be provided The City of Oshkosh will receive Programming services and network technology corn parable to those provided to customers of the Grantee's system serving the Towns of Algoma, Nekimi, Black Wolf and Oshkosh. Ill. Subscriber Rates. The rates charged customers in the City of Oshkosh shall be reasonable and in accordance with the guidelines set forth by the Federal Communications Commission. IV. Addition at Responsibilities. t will be the responsibility of the Grantee to obtain agreements from utilities, land owners, business, railways, local, state, and federal governing bodies as related to the maintenance of plant in the City of Oshkosh including easements, right of ways, pole attachments and joint anchoring. If, at any time during the period of the agreement, the City shall elect to alter or change the location or grade of any street, alley, or other public way, the Grantee. upon reasona ale notice by the City, shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense. Term This agreement shal commence upon execution by the Company and City of Oshkosh. and shall terminate on October 31,20'16. VI. Amendments. Any additions to this Agreement may be made by mutual agreement between the Grantee and the City of Oshkosh. Vll. Franchise Fees, As compensation for permission to use the streets and publio ways of the City for the construction, operation, maintenance, modification and reconstruction of a cable system, the Grantee shall pay to the City an annual amount equa to five percent (5%) of the Grantee's Gross Revenues, as defined by Section 31-2 of the City of Oshkosh Municipal Code. Payments will be made based on a calendar year, and be due to the City by January 31s, of the following year, Dated this day of March, 2003. For the City of Oshkosh: For Charter Cable Partners, LLC d.b.a. Charter Communications: City Manager City Clerk APPROVED AS TO FORM: Assistant Cit_y Attorney Oshkosn Addresses Serviceable By Charter Commun'sations Oshkosh Addresses Former Township 2711 Fond du Lac Rd Algoma 2741 Fond du Lac Rd Algoma 2773 Fond du Lac Rd A[goma 2785 Fond du Lac Rd Algoma 2791 Fond du Lac Rd Algoma 2805 Fond du Lac Rd Algoma 2813 Fond du Lac Rd Algoma 2827 Fond du Lac Rd Algoma 2847 Fond du Lac Rd #1 Algoma 2847 Fond du Lac Rd #2 Algoma 2847 Fond du Lac Rd #3 Algoma 2847 Fond du Lac Rd #4 Algoma 2847 Fond du Lac Rd #5 Algoma 2847 Fond du Lac Rd #6 Algoma 2847 Fond du Lac Rd #7 Algoma 2847 Fond du Lac Rd #9 Algoma 2847 Fond du Lac Rd #10 Algoma 2847 Fond du Lac Rd #11 Algoma 2847 Fond du Lac Rd #12 Algoma 2911 Fond du Lac Rd Algoma 2957 Fond du Lac Rd Algoma 3071 Fond du Lac Rd Algoma 3071 Fond du Lac Rd #A Algoma 15 Crimson Ln Algoma 2805 9th Street Rd Algoma 2821 9th Street Rd Algoma 2833 9th Street Rd Algoma 2865 9th Street Rd Algoma 2899 9th Street Rd Algoma 2923 9th Street Rd Algoma 2976 9th Street Rd Algoma EXHIBIT A-1 Oshkosh Addresses Serviceable By Charter COmmunications 3120 9th Street Rd 21 Sennholz Ct ~ 25 Sennholz Ct 28 Sennholz Ct 35 Sennholz Ct 40 Sennholz Ct 41 Sennholz Ct 48 Sennholz Ct ; 53 Sennholz Ct 30 Sennholz Ct 61 Sennholz Ct 70 Sennholz Ct 71 Sennholz Ct 75 Sennholz Ct 76 Sennholz Ct Algoma Algoma Algoma Algoma Algoma AIgoma Algoma Algoma Algoma Algoma AIgoma Algoma Algoma Algoma Algoma 3133 Fond du Lac Rc Black Wolf 3461 Fond du Lac Rd Black Wolf 80 Johnson Ave Black Wolf 3355 Oregon St Nekim~ 3377 Oregon St 3389 Oregon St 3395 Oregon St Nekim Nekimi Nekimi 3421Oregon St Nekimi 3435 Oregon St Nekimi 3451 Oregon St Nekim' EXHIBIT A-2