Item 4: Ordinance Granting Comcast of Oregon II, Inc., an Additional Term and Franchise Renewal

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Payment to Local Franchising Authorities. Within ninety (90) days of approval of this agreement and the amended franchise agreements by the City Councils of Springfield and Eugene, and the Lane County Board of Commissioners, Comcast shall pay to the Commission the amount of $200,000 (Two Hundred Thousand Dollars) with said amount to be divided pro-rata among Eugene, Springfield, and Lane County based upon the number of cable subscribers in each jurisdiction. Comcast agrees that this amount may not be offset against franchise fees due or to become due and will not be itemized on subscribers’ bills. Extension of Service to non-residential areas . At any time during the period of the franchise, the City of Eugene, the City of Springfield and/or Lane County may identify projects to extend services to non-residential areas of downtown Eugene and the Glenwood area that are not currently served by cable service. If the City of Eugene, City of Springfield and/or Lane County or an appropriate governing Urban Renewal Agency determines that funds are available to assist the extension of services to the area of downtown Eugene and/or Glenwood not currently served, Comcast will match the amount secured on an equal basis, up to a maximum amount of Twenty Thousand Dollars ($20,000) to each Springfield, Eugene, and Lane County ($60,000 total). The entity having jurisdiction in the area in which the project will occur shall notify Comcast at least nine months in advance of the project's desired completion date with the notice including a commitment that the funding is available and secured. The provisions of each amended franchise between the Comcast and the City of Eugene, the City of Springfield, and Lane County, respectively, including but not limited to Section 21, shall apply to Comcast’s obligations under this section. Nothing in this agreement shall limit or prevent Comcast from initiating any construction in Downtown Eugene or Glenwood without a matching contribution. No Additional Compensation or Reimbursement Required . Comcast is not required to pay any additional compensation or reimbursement to the Cities or the County or any other entity in order to secure the additional term and renewal of the Franchise described herein. Federal Law Applicable. The City of Eugene, City of Springfield, Lane County and Comcast acknowledge that this agreement and the amendments to the Franchise are subject to federal law. Omission in this agreement or the amended franchise of an express mention or acknowledgement of any right or obligation existing under current law shall not be taken as a consent to or expectation of forbearance in the exercise of any right or obligation created by federal law. No Franchise Fee Offset. Comcast agrees that no payments made pursuant to this agreement or the amended franchise, and no services provided pursuant to this agreement or to the franchise except those expressly designated as franchise fee payments, will be used as an offset, or otherwise deducted from, franchise fees due or to become due unless allowed by federal law or regulation, or a final and binding decision by a court of competent jurisdiction over the subject matter and the parties hereto.