HomeMy WebLinkAboutCMAP - 2001 Agreement for Government Access Cable Channel Services - Amendment No. 2SECOND AMENDMENT TO CMAP AGREEMENT
WHEREAS, on or about September 24, 2001, the City of Gilroy ( "Gilroy "), the City of
Hollister ( "Hollister ") and the City of San Juan Bautista ( "San Juan Bautista ") (collectively
referred to as "Cities "), entered into a certain contract with Community Media Access
Partnership of Southern Santa Clara and San Benito Counties, a nonprofit corporation ( "CMAP ")
related to CMAP's provision of public, educational and governmental ( "PEG ") television access -
related services, ( "Original Agreement "); and
WHEREAS, Gilroy and CMAP executed a written renewal of the Original Agreement on
April 26, 2006 extending the term of the Original Agreement until September 24, 2011 (which
shall be referred to as the "First Amendment "); and
WHEREAS, on August 15, 2011, CMAP made a request to Gilroy to extend the Original
Agreement for an additional five -year term; and
WHEREAS, Gilroy and CMAP acknowledge that the cable and video franchise granted
by the Cities to Charter Communications ( "Charter "), which is referenced in the Original
Agreement and memorialized in certain video franchise agreements, expired and /or terminated
on or about December 31, 2009, and that Charter has entered into a state video franchise
agreement with the State of California pursuant to the Digital Infrastructure and Video
Competition Act of 2006 ( "DIVCA ") (AB 2987); and
WHEREAS, on December 19, 2011, the City Council of the City of Hollister approved a
resolution extending the Original Agreement until September 24, 2016; and
WHERAS, Gilroy and CMAP have determined that it is in their mutual interest to amend
certain terms of the Original Agreement.
NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE
AS FOLLOWS:
1. Gilroy and CMAP mutually agree that the timing requirements for renewal, as set forth in
Section 22.A. and Section 22.13. of the Original Agreement, are hereby waived for purposes of
this Amendment only.
2. The Original Agreement is hereby extended through September 24, 2016, as permitted by
Section 19 of the Original Agreement.
3. All CMAP duties, responsibilities and liabilities set forth in the Original Agreement shall
be enforceable by Gilroy against CMAP whether or not Hollister or San Juan Bautista sign this
Amendment or otherwise extend the Original Agreement.
4. Except as expressly modified herein or modified in a prior, fully- executed amendment,
all of the provisions of the Original Agreement shall remain in full force and effect. In the case
of any inconsistencies between the Original Agreement and this Amendment, the terms of this
Amendment shall control.
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5. This Amendment may be executed in counterparts, each of which shall be deemed an
original, but all of which together shall constitute one and the same instrument. Faxed or
electronically delivered signature pages will be treated as originals.
6. This Amendment shall be deemed to have become effective on August 15, 2011.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of
the dates set forth besides their signatures below.
I F GILROY 4011-z-
Thomas Date: J. Haglund
CITY ADMINISTRATOR
TEST:
SVawna Fre
CITY CLERK 6
J.Etim i FG K 0JV0-12
APPROVED AS TO FORM:
Date: W/O// J-
c2 (('?tQ� Date: _ 26 (z--
Linda Callon
CITY ATTORNEY
COMMUNITY MEDIA ACCESS PARTNERSHIP
OF UT =CLARA AND SAN BENITO COUNTIES
2
Date:
Executive Director
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