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- <br />LEE COUNTY 2011 <br />• cl000© G Q 0 aF <br />Committed Today for a Better Tomorrow <br />RESOLUTION <br />ADJUSTING LIQUIDATED DAMAGES AMOUNTS IN CABLE TELEVISION <br />FRANCHISE AGREEMENT WITH CHARTER COMMUNICATIONS <br />WHEREAS, in December 1998 Lee County granted a franchise to Charter <br />Communications II, L.P. to operate a cable television system in the County; and <br />WHEREAS, Section 26 of the franchise agreement establishes the amount of liquidated <br />damages that Charter Communications would owe the County upon its failure to perform <br />specified acts or meet certain standards required by the franchise at either $100 per day, per <br />violation or $500 per day, per violation; and, <br />WHEREAS, the franchise authorizes the County to adjust unilaterally by resolution the <br />liquidated damages amounts to account for increases in the consumer price index; and, <br />WHEREAS, the liquidated damages amounts established in the franchise have not ever <br />been adjusted; and <br />• WHEREAS, the United States Department of Labor, Bureau of Vital Statistics has <br />determined that the Consumer Price Index has increased since 1998 so that $100 had the same <br />buying power in 1998 as $133.78 does today; <br />NOW, THEREFORE, BE IT RESOLVED that Section 26 of the County's franchise <br />agreement with Charter Communications II, L.P. is hereby amended by adjusting the liquidated <br />damages amounts from $100 per day, per violation to $133 per day, per violation and from <br />$500 per day, per violation to $668 per day, per violation to account for the increase in the <br />consumer price index since 1998, the date of the franchise agreement became effective, until <br />today. <br />ADOPTED by majority vote, a quorum being present, this the J/' day of January, <br />2011. <br />4ia Shook, hair <br />For the Lee County Board of Commissioners <br />ATTEST: <br />G <br />• <br />