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0043 <br />E<JCt, 16 Fr,- 565 <br />2. Charter represents and warrants that it is able to provide and agrees to <br />provide to the County and its subscribers all services under said franchise subject to <br />changes or modifications as permitted under the franchise and applicable law. <br />3. Charter acknowledges and agrees that they are and shall be subject to <br />regulatory authority of the County subject to applicable federal law. <br />4. Charter agrees to cooperate fully with the County and to obtain from any <br />governmental agency all licenses, permits and other authority necessary for lawful <br />operation and maintenance of the cable television system. <br />5. Within ninety (90) days of the date this Resolution is accepted by Charter, <br />Charter shall certify to the County that any needed repairs and maintenance have been <br />performed and that the system complies with FCC specifications, and shall provide the <br />County with a copy of Charter's technical report demonstrating said compliance; the <br />County may thereafter perform an additional technical audit. <br />6. Upon acceptance of this ordinance by signing below, Charter may <br />encumber all or any part of the interest of Charter in and under the franchise agreements, <br />for financing purposes, by one or more security agreements, devises, mortgages, deeds of <br />trust or other encumbrances from Charter to any lender providing financing to Charter <br />from time to time and encumbering any property or assets of Charter including the <br />franchise agreement. <br />Commissioner Cox seconded the motion, and upon a vote, the results were as follows: <br />Aye: Cox, Dossenbach, Garner, Groce, Matthews, Moretz and Reives <br />Nay: None <br />The Chairman ruled the motion had been adopted unanimously. <br />Commissioner Cox moved to approve the following ordinance to extend the term of <br />current cable franchise to Charter Communications, L. P.: <br />WHEREAS, Lee County granted to the predecessor in interest to Cencom <br />Partners, L. P.; a non-exclusive franchise to construct, operate and maintain a cable <br />system within Lee County; approved a transfer of the franchise to Charter <br />Communications, L. P.; and by resolution adopted on July 22, 1996, extended the terms of <br />the franchise to October 7, 1996, pending completion of the franchise renewal process; <br />and <br />WHEREAS, it is necessary to further extend the term of the current franchise to <br />accommodate the renewal process. <br />12 <br />