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See Also Res 98-345
RESOLUTION NO. 98-344
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A TOLLING
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND STUBBLEFIELD
3 CONSTRUCTION dba MOUNTAIN SHADOWS CABLE TV SYSTEM TO PROVIDE
CABLE SERVICE TO THE RESIDENTS OF SAN BERNARDINO
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
7 SECTION 10 The Mayor is hereby authorized and directed to approve a Tolling
8 Agreement between the City of San Bernardino and Stubblefield Construction dba Mountain
9 Shadows Cable TV System to provide cable service to the citizens of San Bernardino 0 Said
10 Tolling Agreement is attached hereto as Exhibit "A."
II SECTION 2. The authorization to execute the above-referenced Agreement is rescinded_
12 if the parties to the Agreement fail to execute it within sixty (60) days of the passage of this
13 Resolutiono
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98-344
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A TOLLING
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND STUBBLEFIELD
2 CONSTRUCTION dba MOUNTAIN SHADOWS CABLE TV SYSTEM TO PROVIDE
CABLE SERVICE TO THE RESIDENTS OF SAN BERNARDINO
3
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a joint regular
meet in
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The foregoing Resolution is hereby approved this.2
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JUDIT
City 0
Approved as to form and
22 legal content:
23 JAMES F. PENMAN,
City Attorney
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26 BY~~1 r~
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LEM:js [Mtn-Shal,Resl
, 1998,
98-344
TOLLING AGREEMENT
between
THE CITY OF SAN BERNARDINO, CALIFORNIA
and
STUBBLEFIELD CONSTRUCTION dba MOUNTAIN SHADOWS
CABLE TV SYSTEM
In consideration of the mutual covenants and agreements contained herein, the City of San
Bernardino, California ("San Bernardino') and Stubblefield Construction dba Mountain Shadows
Cable TV System ("Mountain Shadows") agree as follows:
I. Mountain Shadows provides cable service to the citizens of San Bernardino.
2. San Bernardino and Mountain Shadows desire to continue negotiations regarding the possible
extension, renewal or grant of a cable service franchise to Mountain Shadows and to defer legal
proceedings or other actions by either party during the pendency of such negotiations, Except as
expressly provided herein, neither San Bernardino nor Mountain Shadows waive, will be deemed
to have waived, or shall be estopped from asserting any rights relating to those matters set forth in
paragraph 3 below due to the execution of this Agreement.
3. San Bernardino and Mountain Shadows agree that, prior to March 8, 1998, they shall not file
any action on their own behalf or as part of a class action in any court of competent jurisdiction or
administrative agency asserting claims or defenses arising from or relating to Mountain Shadows'
continued operation of a cable system within San Bernardino, its provision of the cable services to
its customers, or its commencement of renewal proceedings. San Bernardino further agrees that
during this time period, it will not undertake any hearings or make any findings with respect to any
such matters.
4. San Bernardino and Mountain Shadows agree that any applicable statute of limitations or
other response relating to the judicial or other review of any activities of the parties with respect to
matters discussed in paragraph 3 above, including those contained in Sections 626 and 635 of the
Cable Communications Policy Act of 1984, 47 U,S,Ck 99546 and 555, shall be tolled. Any
claims, defenses or actions which could have been asserted with respect to such matters shall be
legally preserved.
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5, For the purpose of this Agreement, the term Mountain Shadows includes Mountain Shadows'
affiliates, subsidiaries, successors, assigns and beneficiaries, including those claiming under and
through it, and the term "San Bernardino" includes San Bernardino's successors, assigns and
beneficiaries, including those claiming under and through it.
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RECEIVED L
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98-344
6. The parties agree tolling Agreement is made to allow sufficient time for the franchise renewal
process to be completed and will be in effect until the sooner of March 8, 1998 or the effective date
of a renewed cable franchise Agreement between the parties.
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THIS AGREEMENT is made and entered into this
day of December, 1998.
CITY OF SAN BERNARDINO, CA
By:
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STUBBLEFIELD CONSTRUCTION dba
MOUNTAIN SHADOWS CABLE TV
SYSTEpI- ~0-
By: t4/~tu-~lft;-e/,f)'
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Its:President. Arnold H. Stubblefield
Its:
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RECEIVED DCC
1998