HomeMy WebLinkAboutMINUTES - 11081994 - 1.92 _ A.
TO: BOARD OF SUPERVISORS Contra
Phil Batchelor Costa FROM: COSta
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County
:,i,I.
November 2 , 1994 �r
DATE: erg_c6iii+`�
AMENDED ACCESS INTERCONNECT AGREEMENT WITH BAY CABLEVISION..
SUBJECT:
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
AUTHORIZE the Chair, Board of Supervisors to sign the "Amended
Agreement for the Delivery of Access Programming in Contra Costa
County" with Bay Cablevision.
FINANCIAL IMPACT:
None.
BACKGROUND:
On July 12, 1994, the Board of Supervisors approved the renewal of
Bay Cablevision' s cable television license on the condition that,
before renewal shall become effective, Bay would enter into an
amended access agreement with the County.
The "Amended Agreement for the Delivery of Access Programming" has
the following additional provisions :
1) Bay will install a temporary fiber optic to receive
CCTV' s signal until such time as a microwave path can be
established and a license procured. In turn, Bay will
allow Century Cable, at no cost, to use an existing
service drop on Bay' s distribution system to receive
CCTV' s signal;
2 ) Bay will assist the County in applying for a new
microwave license, sharing costs equally for any
additional studies necessary to determine a new path;
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURES:
ACTION OF BOARD ON 8 1894 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
/ I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED #0
Contact: PHIL BATCHELOR,CL OF THE BOARD OF
cc: CAO - Patricia Burke SUPERVISORS AND COUNTY ADMINISTRATOR
BY 0A DEPUTY
I
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P° 2
3) In the event that the County is successful in licensing
a new microwave path that would allow transmission of
CCTV' s signal to Bay' s E1 Cerrito headend, Bay will, at
no cost, allow Century Cable to receive this signal via
a direct link from that headend; and
4) The dedicated channel for CCTV will be activated and
turned over to the County on November 7 , 1994 .
Bay Cablevision has reviewed and signed the amended agreement. The
agreement is presented today for Board approval and signature.
Amended Agreement for the Delivery of
Access Programming in Contra Costa County
This agreement (the "Amended Agreement") is entered into on I j_g._q4 , 1994, by and
between the County of Contra Costa, a political subdivision of the State of California (the
"County"), and LenComm, Inc., a California corporation, doing business as Bay Cablevision
("Bay"). The parties agree as follows:
A. Previous Agreement
On July 20, 1993, the County and various cable operators, including Bay, entered into a
written agreement entitled "Agreement for the Delivery of Access Programming in Contra
Costa County" (the "Agreement"), which governs the provision of County-wide PEG
programming by the County. The Agreement has not previously been amended. The
parties now desire to amend the Agreement to provide for the temporary use of a fiberoptic
system, the acquisition of a new FCC microwave license and the installation of a
microwave path for permanent distribution of the County's dedicated PEG channel within
Bay's service area. This Amended Agreement shall supersede the Agreement to the
extent it relates to Bay's portion of the interconnect.
B. Access Structure
Bay shall, in two phases, provide a means by which the County, may deliver public,
educational and governmental programming ("access programming") to those subscribers
of Bay located within Contra Costa County. In Phase I, Bay shall provide dedicated time
over its cable system for the carriage of access programming provided by the County. In
Phase II, Bay and the other cable operators named in the Agreement (collectively the
"Operators") shall advance funds for the purchase of certain video production and
microwave equipment and shall undertake construction of a microwave or fiberoptic
interconnect for delivery of access programming over a channel dedicated to the County
for purposes of carriage of access programming.
C. Phase
1. Commencing April 6, 1992, Bay has made available the hours of 7:00 p.m. to 9:00
p.m. each Monday for the carriage of access programming provided by the County.
This time shall be made available for priority use of the County for the carriage of
access programming provided to Bay in videotape format for playback over Bay's
cable system.
2. The channel over which access programming is carried may be a local channel as
Bay chooses. Access programming shall be carried together with other
programming provided on such channel on a shared use basis. Except as to such
time as is made available to the County for the carriage of access programming,
Bay may program such channel as it determines in its sole discretion and shall have
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exclusive control over the operation of such channel. On 60 days' prior written
notice to the County, Bay may change the channel over which Phase I access
programming is carried.
3. The channel over which access programming is carried shall be a part of Bay's
basic service. Bay shall make available, upon request and at a reasonable cost,
one converter or similar device allowing reception of such channel for those
subscribers in Bay's service area otherwise incapable of receiving the channel on
their television receivers. Deposits may be required if fully refundable upon return
of the converter or other device in good operating condition.
4. The time made available to the County for the purpose of access programming shall
be utilized by the County exclusively for the purposes of public, educational and
governmental programming and for no other purpose. Such time shall not be used
by the County for the carriage of commercial programming, advertising or for any
other non-access programming. The County shall use its reasonable efforts to
minimize repeat cablecasting of access programming during Phase I, except in
cases of programming of significant community interest.
5. Each access program provided by the County for carriage by Bay shall be in 3/4"
videotape format. At least five (5) business days before the date on which the
access program is to be carried, the County shall deliver to the production facility
designated by Bay a master videotape of the access program. If Bay requests
delivery of a master videotape to a location outside Central Contra Costa County,
Bay shall bear the reasonable expense of delivering the master to such location if
overnight or other express delivery is required to allow for timely duplication and
distribution of the access program. Bay shall, at its expense, arrange for the
duplication and distribution of the access program such that Bay receives a copy
of the access program sufficient to allow for carriage at the time designated by the
County. If the County delivers a master videotape of an access program to the
designated production facility less than five (5) business days prior to the date on
which the County wishes such program to be carried, Bay shall use its reasonable
efforts to duplicate and distribute copies of the program so as to provide for
carriage of such program when requested by the County or, at the County's option,
the County shall arrange for the duplication and distribution of the access program
at the County's expense.
6. The master videotape of each access program provided by the County must be of
satisfactory technical quality. If any master videotape is not of satisfactory quality,
it shall be promptly returned to the County and the County shall endeavor to provide
a substitute master videotape of satisfactory technical quality. The copies of the
master videotape produced for carriage over Bay's cable system shall be of
satisfactory technical quality consistent with the technical quality of the master
videotape itself. If the technical quality of such copies is not satisfactory and the
impairment is not attributable to the master videotape, Bay shall provide copies of
satisfactory quality for cablecasting by Bay at the next regularly-scheduled time
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designated by the County in accordance with Paragraph C.1 above, or at such
earlier time as may be available and mutually agreed upon by the County and Bay.
7. On such schedule as is agreed to between the County and Bay, Bay shall carry
character generated messages over its cable system advising its subscribers of the
access programming provided by the County. Such messages shall be carried over
the channel designated by Bay for carriage by the County's access programming
or such other channel as may be agreed upon by the County and Bay. The County
shall provide Bay with the text of each such message. Where a newspaper
distributed in Bay's service area provides a listing of local origination and
community access programming carried by Bay over its cable system, Bay shall use
its reasonable efforts to identify the County's access programming in such listings,
provided the County gives Bay sufficient advance notice of the access programming
to be included in such listings. The County and Bay may agree upon other methods
of advertising the County's access programming, including the use of public service
announcements provided by the County for carriage over Bay's cable system,
provided that Bay's systems are capable of carrying such announcements without
the addition of equipment and with no interference to any other programming or
advertising carried by Bay.
8. Should the County not schedule the carriage of access programming during any
time period identified in Paragraph C.1 above, Bay may carry any other
programming during such period.
D. Phase II
1. For the purpose of equipping the studio to be used by the County for the production
of access programming, the Operators shall advance to the County funds for the
County's use in purchasing and installing the video production equipment set forth
in Exhibit B attached to this Agreement. The total expense to the Operators for
purchase and installation of video production equipment set forth in Exhibit B shall
not exceed $150,000.00, but at the County's option, any unused portion may be
applied towards construction of the microwave or fiberoptic interconnect (see
Paragraph D.3 below), but any unused portion of such funds remaining unspent as
of July 1, 1994 shall be refunded to the Operators in accordance with the allocation
percentages set out in Exhibit C (adjusted to account for any Operator not
contributing to the funds provided for such video production equipment). Bay
agrees, at no charge to the County, to make its technical and production personnel
available for reasonable consultation and assistance in connection with the
installation of the video production equipment.
2. For the purpose of constructing, on a temporary basis, its portion of the
microwave/fiberoptic interconnect in the configuration set forth in Exhibit A, Bay
shall, at its sole expense, purchase all equipment and fiberoptic cable necessary
to activate Bay's portion of the interconnect. In addition, Bay shall install, or
arrange for the installation of, the equipment and fiberoptic cable, with the actual
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cost of installation in an amount not to exceed $3,000.00 being paid from the
$250,000.00 described in Paragraph D.3 below. The installation of Bay's portion of
the interconnect shall be completed and the interconnect shall be activated and the
dedicated channel turned over to the County no later than November 15, 1994.
3. For the purpose of allowing the construction of a microwave link to replace the
fiberoptic link described in Paragraph D.2 above, Bay and Century Cable of
Northern California ("Century") shall assist the County in applying to the FCC for
a new microwave license. The costs of preparing the license application(s),
including any required feasibility studies or other documentation, shall be shared
equally by Bay, Century and the County. As soon as the license has been
approved, Bay and Century shall purchase and install, or arrange for the installation
of, all microwave equipment necessary to activate the microwave link in the
configuration set forth in the FCC license. The total expense to the Operators for
the purchase and installation of the microwave equipment set forth in Exhibit B to
the Agreement shall not exceed $250,000.00, but at the County's option any
unused portion may be applied towards the purchase of video production
equipment (see Paragraph DA above). The installation of the microwave receive
equipment shall be performed or arranged by the Operators at no cost to the
County. The installation of the microwave transmit and relay equipment shall be
performed by the Operators and the County shall reimburse the Operators for the
actual cost (i.e., installers' hourly salary plus cost of materials) of such installation
work, excluding overhead. All microwave equipment, except for receive equipment,
shall be owned by the County following its installation. All microwave receive
equipment shall be owned by the Operator owning or controlling the receive site
where such equipment is located. The installation and activation of the microwave
link shall be completed as soon as reasonably possible following FCC approval of
the new license. The County shall, at its expense, arrange for a qualified technical
expert to consult in the installation of the microwave equipment.
4. For the purpose of completing the microwave/fiberoptic interconnect and allowing
the activation and operation of Century's portion of the interconnect, Bay agrees,
at no cost, to allow Century to use the existing service drop on Bay's distribution
system to receive the signal for the County's dedicated channel. In the event that
the County is successful in obtaining a license from the FCC that would allow
microwave transmission of the signal for the County's dedicated channel to Bay's
EI Cerrito headend, Bay agrees, at no cost, to allow Century to receive such signal
via a direct link from that headend.
5. For the entire period of the license granted by the County, the Operators shall grant
to the County, or use reasonable efforts to obtain in the County's name at the
County's expense, written consent for the installation and maintenance of the
microwave equipment and all appurtenances on Briones Peak and other antenna
locations shown on Exhibit A to the Agreement not already owned or controlled by
the County. The expense to the County under this paragraph shall be limited to the
actual fees charged by third party owners of the antenna sites. The County shall
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be responsible for securing all licenses, permits or other authorizations required for
construction of the interconnect at its sites. The Operators shall be given access
to all County facilities and other facilities not owned or controlled by the Operators
for purposes of construction of the interconnect.
6. In purchasing the microwave equipment, the Operators shall use their reasonable
and good faith efforts to obtain the equipment at the lowest prices available to the
Operators.
7. The equipment described in Paragraphs D.1 and D.3 above shall be purchased
through an advance of license fees made by the Operators. Each Operator shall
advance such license fees in two installments, the first (for purchase of the video
production equipment) to be made within 30 days after the execution of this
agreement, and the second (for purchase of the microwave equipment) to be made
on or before September 30, 1993 (or such earlier date as may be necessary to
accommodate the period allowed for construction of the microwave paths under the
FCC licenses). The advances required for each Operator are more particularly
identified in Exhibit C to the Agreement.
8. Before purchasing any equipment under Paragraph D.3 above, the Operators shall
furnish to the County a written quotation listing the price(s) to be paid, and shall
obtain the County's consent in writing thereto. The County approves the equipment
identified in Exhibit D to the Agreement for purposes of construction of the
microwave interconnect and approves the prices for the acquisition of such
equipment as set forth in that Exhibit. The County acknowledges that the prices for
the microwave equipment set forth in Exhibit D to the Agreement do not include (i)
all equipment required for construction of the interconnect, (ii) freight or (iii)
installation costs permitted under this Amended Agreement. The Operators shall
account to the County for the expenditure of such funds within ninety (90) days after
purchasing each group of equipment described in Paragraph D.3 above. In the
event the total cost of such facilities and equipment described in Paragraphs D.1
and D.3 exceeds the amount budgeted therefor set forth in Exhibit D to the
Agreement, the County shall be responsible for all such excess costs, except for the
additional expenses for which Bay is responsible (see Paragraph D.2). In the event
the cost of such facilities and equipment is less than the amount budgeted therefor
set forth in Exhibit D to the Agreement and the County does not exercise its option
to apply the unused portion(s) as provided in Paragraphs D.1 and D.3 above, such
advances shall be adjusted prorata among the Operators to reflect the actual
aggregate amount advanced by the Operators for purchase of the video production
and microwave equipment and installation of the microwave equipment. Such
adjustment shall be based upon the amount of the advance otherwise due from
each Operator as originally set forth in Exhibit C to the Agreement in relation to the
aggregate of advances required of all Operators as originally set forth in that
exhibit.
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9. The failure of any Operator, including Bay, to advance in a timely manner its
proportionate share, as set forth in Exhibit C to the Agreement, shall constitute a
material breach of this Amended Agreement and of the County's cable television
ordinance,- and shall entitle the County to all or any combination of the following
remedies: (i) revocation or forfeiture of such Operator's license; (ii) recovery of
damages, including without limitation additional expenses incurred by the County
to extend or reapply for the FCC licenses; and (iii) any other remedies provided by
law or equity. Should any Operator fail to advance the full amount required of it
under Exhibit C to the Agreement, no other Operator shall be responsible for
funding the amount of any such deficiency. In such case, the County shall have the
option of advancing money to cover the deficiency or of requiring those Operators
that have paid their contributions to construct and turn over to the County a partial
or phased interconnect (i.e., one or more operational legs) using the available
funds.
10. The advance of license fees by Bay as set forth in Exhibit C to the Agreement
(subject to adjustment as described in Paragraph D.8 above) shall be amortized on
a straight-line basis over a period of six years. One-sixth of the total amount
actually advanced by Bay shall be offset against license fees otherwise due the
County from Bay with respect to each calendar year commencing with calendar
year 1993 and terminating with the license fees due for calendar year 1998. If the
aggregate amount of any such advance has not been fully amortized and offset a-
gainst license fees otherwise due the County as of calendar year 1998, the
unamortized balance of such advance shall be offset against license fees due the
County each year thereafter on a dollar-for-dollar basis until the advance has been
fully amortized. Should any unamortized balance remain unpaid as of December
31, 2002, the County will reimburse it to Bay.
11. Bay shall, at its expense, maintain all fiberoptic cable and related equipment
necessary to receive and distribute the microwave signal originated by the County
over Bay's portion of the interconnect. The County shall, at its expense, maintain
or cause to be maintained all microwave equipment and appurtenances installed
upon County facilities necessary to transmit or retransmit the microwave signal
originated by the County over such interconnect. The Operators shall maintain, or
arrange for the maintenance of, all microwave equipment and appurtenances
installed upon the facilities of any Operator necessary to transmit or retransmit the
microwave signal for the interconnect, and the County shall pay the Operators for
the actual cost thereof(i.e., installers' hourly salary and cost. of materials, excluding
overhead).
12. All costs reimbursed by the County under this Amended Agreement will be paid
within a reasonable period after receipt of request.
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13. No later than November 15, 1994, Bay shall make available a dedicated channel
on its cable system for carriage of access programming provided by the County
through the interconnect. This channel shall be subject to the following
understandings:
a. As a channel assignment for the dedicated channel, Bay has agreed to make
Channel 18 available effective November 15, 1994. The channel shall be
made available concurrently with completion of Bay's portion of the
interconnect. Effective upon the dedication of such channel and activation
of the interconnect, all obligations of Bay under Phase I shall terminate and
Bay shall have no continuing obligation to make time available on a shared
use basis for the carriage of access programming.
b. The dedicated channel shall be a part of Bay's basic level of service. Bay
shall make available, upon request and at a reasonable cost, one converter
or similar device allowing reception of the dedicated channel for those
subscribers otherwise incapable of receiving the dedicated channel on their
television receivers. Deposits may be required if fully refundable upon
return of the converter or other device in good operating condition.
C. The dedicated channel shall be available entirely for purposes of public,
educational and governmental programming and for no other purpose,
provided that the County may permit Bay to utilize such channel on such
days and during such hours as are not utilized by the County. The
dedicated channel shall not be used by the County for carriage of
commercial programming, advertising or any other non-access programming,
but may be used for acknowledgment of underwriting sponsorship and
solicitation of financial pledges for non-profit, community purposes.
d. The County shall have sole responsibility for the programming and
administration of the dedicated channel, including all personnel, facilities,
equipment and material necessary to transmit access programming over the
interconnect for cablecasting over such channel. Bay shall not be
responsible for the quality of the signal originated by the County over the
interconnect. The County shall establish and administer all rules,
regulations and procedures concerning the use and scheduling of access
programming presented over the dedicated channel.
e. The County agrees to comply with all applicable laws, ordinances, rules and
regulations in connection with the interconnect and such dedicated channel,
including without limitation the rules and regulations of the FCC.
14. The County and the Operators shall cooperate with one another with respect to
construction of the interconnect, including without limitation a request to the FCC
to extend the period for construction permitted under the FCC licenses through
December 31, 1993, or such shorter extension as may be granted by the.FCC.
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15. If, at any time three (3) years or more following the date the dedicated channel is
first utilized for access programming, such channel is not in use and programmed
with public, educational or governmental programming during at least fifty percent
(50%) of the weekdays for at least fifty percent (50%) of the time during any
consecutive nine (9) hour period selected by the County for ten (10) consecutive
weeks, the channel shall revert to the exclusive use of Bay. Upon such reversion,
Bay shall make time available elsewhere on its cable system for carriage of such
access programming as may be provided by the County or members of the public.
E. Second Dedicated Channel
1. As a condition of approving any request for extension or renewal of a license under
Division 58 of the County Ordinance Code or its successor, the County may require
Bay to make available and activate, effective on or after July 1, 2004, a second
dedicated channel on its cable system for carriage of access programming provided
by the County through the microwave interconnect, upon satisfaction of each of the
following conditions:
a. The first dedicated channel is in use and programmed with access
programming during at least eighty percent of the weekdays for at least
eighty percent of the time during any consecutive 9-hour period selected by
the County for ten consecutive weeks. For purposes of this computation,
character generated programming shall not count during such period.
b. At least fifty percent of the programming presented on the first, dedicated
channel during such 10-week period is produced within or relates to Contra
Costa County and is produced within one year of such 10-week period.
C. Not more than thirty-three and one-third percent of the aggregate hours
utilized for access programming on the first dedicated channel during such
10-week period represents repeat programming.
2. If, at any time three years or more following activation of the second dedicated
channel for access programming by the County on at least three cable systems
licensed by the County, the first dedicated channel does not satisfy the usage
criteria established in Paragraph E.1 above, the second dedicated channel shall
revert for a period of three years to the exclusive use of Bay. Following three years
of exclusive use by Bay, the second dedicated channel shall again be available to
the County upon satisfaction of the terms set forth in Paragraph E.1 above.
3. If Bay cannot allocate a second dedicated channel to the County without
discontinuing existing programming assigned to the channel to be allocated to the
County, the County shall conduct a survey of Bay's subscribers which establishes
to the satisfaction of the board, in its discretion, that there is public interest in such
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second dedicated channel. Bay shall, at the request of the County, distribute the
survey to its subscribers at no expense to the County.
4. The operation of the second dedicated channel shall be subject to the same terms
and conditions as the first dedicated channel, as set forth in Paragraph D.13 above.
The Operators shall make reasonable efforts to agree upon one channel
assignment for the second dedicated channel which shall be the same across all
cable systems.
F. Nature of Commitments Indemnification; Force Majeure; Completion of Cable
Television Ordinance
1. Provided that Bay advances the funds for the purchase of the video production
equipment and constructs and activates its portion of the interconnect at the time
and in the manner specified in this Amended Agreement, upon renewal or extension
of Bay's cable television license for the County, the County agrees that it shall not
require Bay to perform, before January 1, 2004, any additional obligations with
respect to an interconnect, facilities or equipment for access programming, channel
capacity for access programming, or funding with respect thereto. The
commitments made by Bay set out above constitute all commitments required by
Bay with respect to an interconnect, facilities or equipment for access programming,
channel capacity for access programming, or funding required in connection
therewith for the period through and including December 31, 2003. No Operator
complying with the undertakings set out above shall be required to provide any
other interconnect or any additional facilities or equipment for access programming,
channel capacity for access programming, commitments for the same or
commitments for the support of access programming as a condition of the renewal
or extension of its license through the period ending December 31, 2003.
2. The County shall indemnify, defend and hold Bay, its affiliates and their respective
officers, directors, employees and shareholders harmless from and against any and
all liabilities, losses, damages, claims, actions, causes of action, costs and
expenses (including reasonable attorneys' fees) arising from or in any manner
related to (i) access programming provided by the County to Bay for carriage on a
shared-use basis during Phase I and (ii) the County's production and/or
cablecasting of programming utilizing the interconnect and dedicated channel(s)
provided for this purpose, or any other use by the County of the interconnect or
such dedicated channel(s) (except with respect to such programming as may be
provided by Bay over the dedicated channel(s) during any period allowed therefor
by the County), including without limitation liability for libel, slander, defamation,
invasion of privacy or infringement of copyright, musical performing rights or any
other right of any person.
3. Bay shall not be liable for any failure or delay in the performance of its obligations
set forth herein resulting from acts or occurrences beyond its control, including
without limitation, acts of war or riot, earthquake, flood, storm or other natural
9
disasters, power or communications failures, inability to obtain goods or materials
from normal sources of supply, strike or other labor strife, any limitations or other
act or regulation by any government authority or any act of God. Bay shall give the
County notice of any such act or occurrence which causes or is anticipated to cause
any such failure or delay promptly after becoming aware thereof. The period for
performance shall be extended by the length of such failure or delay. This
paragraph shall not apply to Bay's obligations to make advances (see Paragraph
D.7), which obligations Bay shall perform without fail or delay. In the event that
construction or activation of the interconnect is delayed pursuant to this paragraph,
Bay shall complete such construction and activation as soon as the cause of delay
has been eliminated.
COUNTY BAY
LenComm, Inc., a California corporation,
doing business as Bay Cablevision
By:
Chair, Board of Supervisors
ATTEST: Phil Batchelor, Clerk of the By: `
Board of Supervisors and County Title:
Administrator
By: QJ By:
Deputy Title: v ► c t9
Note: For corporations,the contract must be signed by two officers. The first signature must be that of the chairman of the
board, president or vice-president;the second signature must be that of the secretary, assistant secretary, chief financial
officer or assistant treasurer. (Civ. Code, Sec. 1190 and Corps. Code, Sec. 313.) The acknowledgment below must be
signed by a Notary Public.
c
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CERTIFICATE OF ACKNOWLEDGMENT
State of )
ss.
County of )
On the date written below, before me, the undersigned Notary Public, personally appeared the
person(s) signing above for Consultant, personally known to me (or proved to me on the basis
of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Dated:
Notary Public
[Notary's Seal]
11
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of California
County of Alameda
On October 31, 1994 before me, Isabelita M. Anacan.- ,
DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC"
personally appeared Dahlia Moodie ,
NAME(S)OF SIGNER(S)
R personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
OFFICIAL SEAL or the entity upon behalf of which the
Isabelita M. Anacan person(s) acted, executed the instrument.
® NOTARY PUBLIC-CALIFORNIA
ALAMEDA COUNTY
My Comm.Expires July 7, 1995
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
CORPORATE OFFICER
Acknowledgment - Amended Agreement
Gen. Mgr. & Vice Pres. TITLE OR TYPE OF DOCUMENT
TITLE(S) for the Delivery of Access Programming
❑ PARTNER(S) ❑ LIMITED in Contra Costa County
❑ GENERAL 11
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER: -October 27, 1994
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES) Harry F. Brooks
Lencomm, Inc. dba Bay Cablevision SIGNER(S)OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184