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0 0005 <br />5061: 16 Fs.,U 588 <br />The Board considered a Resolution granting the consent of Lee County to the sale, <br />transfer and assignment of the non-exclusive cable franchise from Cencom Partners to <br />Charter Communications I, L. P. Commissioner Groce moved to approve the following: <br />A RESOLUTION GRANTING THE CONSENT OF <br />LEE COUNTY TO THE SALE, TRANSFER AND <br />ASSIGNMENT OF THE NON-EXCLUSIVE CABLE FRANCHISE FROM <br />CENCOM PARTNERS, L. P., TO CHARTER COMMUNICATIONS 1, L. P. <br />WHEREAS, Lee County granted the predecessor in interest to Cencom Partners, <br />L. P., ("Cencom"), a non-exclusive franchise to construct, operate and maintain a cable <br />system within Lee County; and <br />WHEREAS, said franchise was extended by resolution adopted on July 22, 1996 <br />to October 2, 1996; and <br />WHEREAS, Cencom has requested the County to consent to the sale, transfer <br />and assignment of said franchise to Charter Communications I, L. P. (`Charter"); and <br />WHEREAS, Cencom has filed an FCC Form 394 application requesting the <br />County's consent of the sale, transfer and assignment of the franchise to Charter <br />Communications I, L. P (`Charter"); and <br />WHEREAS, the County has reviewed the transfer application and has examined <br />the legal, financial and technical qualifications of Charter; and <br />WHEREAS, according to the information submitted by Cencom and Charter as <br />exhibits to FCC Form 394, the management of Cencom and Charter is substantially the <br />same; <br />NOW, THEREFORE, BE IT RESOLVED, that the County hereby gives its <br />approval to the sale, transfer and assignment of the cable system serving the County and of <br />the rights under the franchise from Cencom to Charter subject to the following conditions <br />which shall become effective if the transfer is consummated and Charter accepts the terms <br />and conditions contained herein by affixing its signature below; <br />1. Charter shall be bound by the cable television franchise ordinance <br />originally adopted on August 17, 1981, and agrees to perform all conditions thereof. <br />2. Charter represents and warrants that it is able to provide and agrees <br />to provide to the County and its services under said franchise subject to changes or <br />modifications as permitted under the franchise and applicable law. <br />3 <br />