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2012-01 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: January 9, 2012 RESOLUTION NO: 2012 -01 MOTION BY: Ernst SECONDED BY: McDonald AUTHORIZING EXECUTION OF AN AGREEMENT WITH MEDIACOM MINNESOTA, LLC AND AMENDMENT OF CABLE TELEVISION FRANCHISE AGREEMENT WHEREAS, Mediacom Minnesota, LLC ( "Mediacom ") operates a cable system in the City of Chanhassen, Minnesota ( "City ") and pays franchise fees and PEG access fees (collectively "Fees ") pursuant to a Cable Television Franchise Agreement adopted by the City on May 26, 1998 pursuant to Chapter 7.5 of the City's Code of Ordinances ( "Franchise "); and WHEREAS, the City and Mediacom have identified inadvertent accounting errors with respect to Mediacom's payment of the Fees under the Franchise which Mediacom and the City wish to correct; and WHEREAS, the City and Mediacom now desire to conclude, settle, release and discharge once and forever, all rights, claims, causes of actions, liabilities, disputes and demands arising out of or in any way relating to the Fees due and owing to the City pursuant to the Franchise; and WHEREAS, the City and Mediacom have also agreed to amend the Franchise to clarify how certain Fee payments will be calculated going forward. WHEREAS, the City and Mediacom have mutually agreed to the terms of the Agreement attached hereto as Exhibit A ( "Agreement "); and WHEREAS, the City Council has received and reviewed the Agreement. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA: 1. The Agreement is hereby determined to be acceptable and the City Manager is authorized to execute the Agreement. 2. The Franchise is hereby amended as set forth in the Agreement. Adopted by the City Council for the City of Chanhassen, Minnesota this 9th day of January, 2012. ATT _ _ T: , _ALA *AC 7T(Lfa,owti 4 4—,AS--- • dd Gerhardt, City Manager Thomas A. Furlong, Mayor 1909162v1 A -1