Ordinance No. 40-89-16 v Introduced by :
1st Reading : 9-25-89
2nd Reading: 10-9-89
ORDINANCE NO. 40-89-16
AN ORDINANCE AMENDING SECTION 3 OF ORDINANCE NO. 40-79-9 OF
ATLANTIC BEACH, FLORIDA, GRANTING NON-EXCLUSIVE FRANCHISE TO COX
CABLE OF JACKSONVILLE BEACHES, INC. , AND WHEREBY ORDINANCE NO.
40-85-13 OF ATLANTIC BEACH, FLORIDA DID APPROVE THE TRANSFER OF
THE NON-EXCLUSIVE FRANCHISE TO RIFKIN/JACKSONVILLE ASSOCIATES,
LTD. . AND WHEREBY ORDNANCE NO. 40-89-16 , WILL AUTHORIZE THE
ACQUISITION AND CONSEQUENT TRANSFER OF ALL THE DIRECT AND INDIRECT
EQUITY INTERESTS IN RIFKIN/JACKSONVILLE ASSOCIATES, LTD. BY
CONTINENTAL CABLEVISION OF JACKSONVILLE INC. , AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY OF ATLANTIC BEACH AS FOLLOWS:
SECTION 1 . Section 3 of Ordinance No. 40-79-9 be amended as
follows :
Section 3 - Grant of Franchise
The franchise granted to Cox Cable of Jacksonville
Beach, Inc . and transferred to Rifkin/Jacksonville Associates ,
Ltd. a Florida limited partnership is hereby transferred by means
of acquisition of all the direct and indirect equity interests of
Rifkin/Jacksonville Associates Ltd. by Continental Cablevision of
Jacksonville, Inc. , and to the subsequent transfer to any other
partnership or corporation controlled by Continental Cablevision
of Jacksonville, Inc . upon the same terms and conditions imposed
by ordinances of the City shall be applicable to the transferee.
Section 2 . The proper city officials are authorized
to sign on behalf of the City such further consents as may be
-2.11
requested to implement this Ordinance including the form of
consent attached hereto and by reference made a part hereof .
Section 3 . This ordinance shall take effect upon
its passage and publication as required by law.
AUTHENTICATED THIS y of October, 1989 .
I
11 i. . I . ul foi . yor
--2*A-fa.4
Cit Clerk
FORM OF CONSENT
The undersigned, CITY OF ATLANTIC BEACH, FLORIDA,
hereby consent to the acquisition and transfer of
all the direct and indirect equities of Rifkin/Jacksonville
Associates Ltd. , a limited partnership organized under the laws of
the State of Florida, ("Seller/Transferor") by Continental
Cablevision of Jacksonville, Inc. a corporation, and to the
subsequent transfer or any other partnership or corporation
controlled by Continental Cablevision of Jacksonville, Inc .
(said corporation and any such subsequent transferee hereinafter
called "Transferee") , of the non-exclusive franchise
("Franchise") , and further consents to the acquisition/transfer of
the Franchise in trust , to mortgage, pledge or hypothecate the
Franchise, or to the grant of a security interest in the Franchise
to secure indebtedness or obligations owed or which may hereafter
be incurred by the Transferee with respect to which a security
interest is granted to a secured party ( the "Secured Party") in
all or substantially all of the assets of the Transferee, and to
the exercise by the Secured Party of its rights as a secured party
in and to the Franchise in the event of a default by the
Transferee in the performance of its indebtedness or obligations
secured thereby . The undersigned agrees to accept performance of
the Transferee' s obligations under the Franchise by the Secured
Party . Nothing contained herein shall constitute a waiver of any
rights of the undersigned to approve any further transfer or
assignment of the Franchise by the Secured Party. The undersigned
hereby confirms that the Transferor is the party named in the
Franchise and that the Franchise is in full force and effect and
the Transferor is in compliance with the Franchise.
Dated this day of October , 1989.
C OF ATL. TIC BEACH e )111
By: �,_ io
Its Mayo