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HomeMy Public PortalAbout2000_10_31_r217Town of ] eesburg, RESOLUTION NO. 2000-217 PRESENTED October 31, 2000 ADOPTED October 31, 2000 A RESOLUTION: AUTHORIZING THE MAYOR TO SIGN THE MEMORANDUM OF UNDERSTANDING BETWEEN THE ADELPHIA COMMUNICATIONS CORPORATION AND THE TOWN OF LEESBURG REGARDING THE $285,000 FROM ADELPHIA COMMUNICATIONS CORPORATION FOR THE TOWN'S CABIJE TELEVISION ACCESS EQUIPMENT AND SUPPORT WHEREAS, the Adelphia Communications Corporation and the Town of Leesburg desire to further explain Section XII (B) of the Franchise Agreement dated October 30, 2000 between the Adelphia Communications Corporation and the Town of Leesburg. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Mayor of Leesburg is hereby authorized to sign the attached Memorandum of Understanding between Adelphia Communications CorporatiOn and the Town of Leesburg. PASSED this 31st: day of 0¢l:ober ,2000. B.J. ~ebb, Mayor Town of Leesburg ATTEST: ~erk of Council R memo of under cable MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING is entered into this oa/s~day of October, 2000, by Adelphia Communications Corporation, a Delaware corporation ("Adelphia"), and the Town of Leesburg, Virginia (the "Town") (collectively, the "Parties"). NOW, THEREFORE, in consideration of the mutual promises, covenants, representations and agreements contained herein, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as follows: The Parties agree that the funds for access equipment, facilities, services and support specified in Adelphia's Cable Television Franchise with the Town, shall not be deducted from the franchise fee or itemized on subscriber bills. Non-compliance with provisions of this Memorandum of Understanding shall be treated as non-compliance with the Franchise and the Town shall be entitled to any remedies specified herein and/or in the Franchise or Ordinance or otherwise available to the Town by law. This Memorandum of Understanding shall be binding on any successors or assigns of Adelphia's Cable Television Franchise in the Town. IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding on the date hereinabove set forth. ATTEST: ~~,~t Mayor ~/~/~~J.~/?~'-- Date ~-E~ 'D0~'t~eily, jltI Town Attorney TOWN OF LEESBURG, VIRGINIA I1-0 -oo ADELPHIA COMMUNICATIONS ~----_.C~TION , ~ [Title Seal Approved as to form and correctness. Town Attorney