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RES 1986-55 - 00004834i ' r.. RESOLUTION NO. 55 — 1986 A RESOLUTION APPROVING THE TRANSFER OF THE CABLE TELEVISION FRANCHISE FROM GENERAL TELEVISION OF MINNESOTA, INC., TO NORTEL CABLE ASSOCIATES WHEREAS, General Television of Minnesota, Inc. (General Television), has requested the City's consent to the transfer of the Franchise from General Television to Nortel Cable Associates, a Delaware limited partnership licensed to do business in Minnesota (Nortel); and WHEREAS, the City has established a process for reviewing the legal, technical and financial qualifications, of Nortel; and WHEREAS, the City conducted a public hearing affording notice and reasonable opportunity for Nortel, General Television and the general public to be heard; NOW, THEREFORE, BE IT RESOLVED by the City of Fridley, Minnesota as follows: 1. The legal, technical and financial qualifications of Nortel were considered in a full public proceeding affording notice and a reasonable opportunity to be heard and are hereby approved. ' 2. The City hereby consents to and approves the transfer of the Franchise and all of the rights thereunder from the present holder, General Television, to Nortel, subject to the closing of the purchase of General Television's assets by Nortel and on the following conditions: a. Nortel shall, within thirty (30) days after the date set forth below accept the Franchise Ordinance and Agreement, as amenced, (referrea to herein collectively as the "Franchise ") in form ana substance acceptable to City, unless the time for acceptance is extended by City. b. With its acceptance, Nortel shall deliver to City true and correct copies of documents creating Nortel and evidencing the power and authority of that officer or officers accepting on behalf of Nortel c. With its acceptance, Nortel shall deliver documentations, to the satisfaction of the City, that the cash security fund required by the Franchise has been established and otherwise complies with the Franchise. A Page 2 — Resolution No. 55 — 1986 d. With its acceptance, Nortel shall deliver to City a ' corporate surety bond in the amount of One Hundred Thousana Dollars ($100,000.00) from a responsible company licensed to do business in the State of Minnesota, renewable annually, and conditioned upon the faithful performance of Nortel as required by the Franchise. e. With its acceptance, Nortel shall furnish to City certificates of insurance, reasonably acceptable to City ana in accordance with the requirements of the Franchise, along with written evidence of payment of required premiums. f. With its acceptance, Nortel shall deliver to City a guaranty from Amzak Corporation in form and substance acceptable to City. g. With its acceptance, Nortel shall pay all costs and expenses, including legal and other consulting fees, resulting from the transfer. City shall provide an itemized statement to Nortel within two (2) weeks of the date set forth below. 3. In the event Nortel fails to comply with any of the above requirements within the time specified, unless the time is extended by City, this RESCLUTION and any and all approvals set ' forth herein shall be null and void. 4. Nortel shall, within sixty (60) days after the closing of the purchase of General Television's assets, file with the City a copy of the deed, agreement, mortgage, lease or other written instrument evidencing such sale, transfer of ownership or control or lease, certified and sworn to as correct by Nortel. 5. In the event Nortel fails to close with General Television on or before August 30, 1986, the RESOLUTION and any and all approvals set forth herein shall be null and void ana upon request of Nortel all documents referrea to in Paragraph 2 (a) through (f) shall be returned to Nortel. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 7TH DAY OF JULY, 1986 ; ATTEST; IAM J. NEE R