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2011-059 Comcast Franchise ExtensionCITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2011-059 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOPKINS, MINNESOTA GRANTING COMCAST OF ARKANSAS / FLORIDA / LOUISIANA / MINNESOTA / MISSISSIPPI / TENNESSEE, INC. A FRANCHISE EXTENSION TO APRIL 16, 2012 WHEREAS, effective January 1, 1997, the City of Hopkins, Minnesota ("City") granted a Cable Television Franchise Agreement ("Franchise") to Time Warner Cable, Inc.; and WHEREAS, the Franchise is currently held by Comcast of Arkansas / Florida / Louisiana / Minnesota / Mississippi / Tennessee, Inc. ("Comcast"); and WHEREAS, pursuant to Section 47 U.S.C. §546(a) Comcast provided notification to the City of Comcast's intent to seek renewal of the Franchise; and WHEREAS, pursuant to Section 47 U.S.C. § 546(a) the City properly commenced franchise renewal proceedings; and WHEREAS, the City and Comcast, pursuant to 47 U.S.C. §546(h), are currently conducting informal franchise renewal negotiations in an attempt to reach a mutually acceptable terms for franchise renewal; and WHEREAS, the City and Comcast are interested in continuing informal renewal negotiations and desire to extend the current Franchise term from January 2, 2012 to April 16, 2012; and WHEREAS, both the City and Comcast desire to expressly reserve all of their respective rights under state and federal law; and WHEREAS, the City and Comcast continue to be governed by the formal renewal process pursuant to 47 U.S.C. §546(a -g) and nothing contained herein shall in anyway diminish either 1869648v1 party's rights under the formal renewal process. NOW, THEREFORE, the City Council of the City of Hopkins, Minnesota hereby resolves as follows: 1. The Franchise is hereby amended by extending the term of the Franchise from January 2, 2012 through and including April 16, 2012. 2. Except as specifically modified hereby, the Franchise shall remain in full force and effect. 3. The City and Comcast hereby agree that neither waives any rights either may have under the Franchise or applicable law. 4. This Resolution shall become effective upon the occurrence of both of the following conditions: (1) The Resolution being passed and adopted by the City Council of the City of Hopkins; and (2) Comcast's acceptance of this Resolution. Adopted by the City Council of Hopkins, Minnesota, this 15th day of November, 2011. CITY OF HOPKINS, MINNESOTA n� y By: Its: ATTEST: City Clerk 1869648vl 2 ACCEPTANCE Comcast of Arkansas / Florida / Louisiana / Minnesota / Mississippi / Tennessee, Inc. hereby acknowledges the City of Hopkins, Minnesota Resolution No. � O 11 J b� 9 and hereby accepts the terms, provisions and recitals of the Resolution and agrees to be bound by the Franchise to the extent consistent with applicable laws. DATED: l A — ; .3 .— /I COMCAST OF ARKANSAS/FLORIDA/ Sworn to before me this ret day o hjUt t -e0 0 I l 4 roc 1869648v1 LOUISIANA/MINNESOTA/ MISSISSIPPI / TENNESSEE, INC. By: Its: V P:�J— Y r sr,�r JEAN W STR7Expires s Nptory P Stote of Min M J CommissioonuorV 31