2059 RESOLUTION NO. 2 eS%,
RESOLUTION OF THE CITY OF WEST MEMPHIS APPROVING THE
AMENDMENT OF THE POLE ATTACHMENT AGREEMENT FOR USE
OF ELECTRIC SYSTEM POLES WITH COMCAST OF
ARKANSAS/FLORIDA/LOUISIANA/MINNESOTA/TENNESSEE/,INC.
WHEREAS,on or about the 13th day of July, 1978,the City of West Memphis(the"Licensor")entered
into a Pole Attachment Agreement("Agreement")with American Cablevision of West Memphis, Inc.to
attach its cables,wires and associated equipment to the Licensor's poles within the municipal corporate
boundaries of the City;
WHEREAS,the Agreement has been assigned to Comcast of Arkansas/Florida/Louisiana/Minnesota
/Mississippi/Tennessee, Inc. ("Licensee");
WHEREAS,in accordance with Section 13 of said Agreement,it has been requested in writing by the
Licensor that all rental payments set forth in Section 13.1 of said Agreement be readjusted;and
WHEREAS, it has been Seven(7)years since rental payments set forth in Section 13.1 of said Agreement
have been readjusted.
NOW THEREFORE,in consideration of the mutual terms, covenants and conditions contained in this
Amendment and other good and valuable consideration,the receipt and sufficiency of which is hereby
acknowledged,the Licensor and Licensee agree as follows:
Amendment Terms
1. Section 13.1 of the Agreement is hereby amended by increasing the rental rate per pole effective
July 1,2014 from$8.00 per pole per annum to$13.00 which rate shall increase by One Dollar
($1.00)each year through the year 2017 to$17.00 per pole paid by the Licensee.
r 2. Except as specifically modified herein,the Agreement shall remain in full force and effect.
3. Within thirty(30)days of the date of adoption of this Resolution, Licensee shall provide the
Licensor with a signed acceptance of this Resolution in the form attached hereto and incorporated
by reference.
PASSED,ADOPTED AND APPROVED by the City of West Memphis this 2.6 day of June, 2014.
4._!
WILLIAM H. JOHN N,MAYOR
ATTEST:
Pticrl - ' - ' ',CITY CLERK
(SEAL)
RECEIVED
JUN 022014
CITY OF WEST MEMPHIS
tt
CITY CLERKS
aWnipe/UOFFICE
Mi.
ACCEPTANCE
Comcast of Arkansas/Florida/Louisiana/Minnesota/Mississippi/Tennessee, Inc. hereby
acknowledges the City of West Memphis Resolution No. ("Resolution")and hereby
accepts each and every term, provision and recital of the Resolution and agrees to be bound by
the terms and provisions of the Agreement.
Dated: , 2014 Comcast Of Arkansas/Florida/Louisiana
Minnesota/Mississippi/Tennessee, Inc.
By:
Its:
SWORN TO BEFORE ME this
day of , 2014
NOTARY PUBLIC
L