2000 AccuCable/Time Warner Contract30 30 Roosevelr Avenue
ladianapoirs, IN 46218
(317) 632-2288
(_i17)632-5311 Fax
1 TIME WARNER
`` CABLE
CITY OF CARMEL
C/O Douglas Haney, City Attorney
One Civic Square
Carmel, Indiana 46032
APPROVED, AS TO
FoRPA.aY?
Aprit..21, 2000
Re: Lease dated May 20; 1987; between the City ofCarrnel,(" Lessor"), and
AccuCable Co.,,an Indiana partnership,,as amended byrletter,dated
September 22, 1995 consenting?to assi,gument.to Time Warner
Eht_erta hment-AdSance/NewhousePartnership-(the "Lease',')-; 2-I 1. SW 2"d
St., Carmel, Hamilton County, IN 46032:
Deai Mir. Haney:
Time Warner Entertainment-Advance/Newhouse Partnership ("TWEAK") entered
into an agreement with several affiliates of•Comeast Cable Communications, Inc.
pursuant to which TWEAN will.transfer the assets, including its rights under the Lease
(the "Asset's"), of its cable television systems serving the corninunities'in and around
Indianapolis, Indiana to Comcast Cablevision of India'napolis', LT. ("Comcast").
The purpose,of,this letter is to request the consent ofLessor 'to the assignment by
TWEAN to Comcast, of all of its right, title and interest in and under the Lease. Lessor's
consent and such assignmentsliall bereffective as of 1:1:5,9:p.m on-the closing date of
transfer of the Assets to Comcast (the "Effective Time"). As of the Effective Time,
Lessor automatically shall be-,deemed to'have released TWEAK from-its-obligations and
liabilities under the Lease attributable to periods from and.after the Effective Time.
Comcast has agreed to accept such assignment and'to pay, discharge and perform all of
such obligations and liabilities under the Lease attributable to periods after the Effective
Time. TWEAN shall remain responsible-for all obligations and liabilities under the Lease
attributable to periods proceeding the effective Time.
TWEAN also requests the consent ofthe.Lessor to the grant of,a security interest
(whether by collateral assignment or otherwise) in the Lease by Comcast or an aff liate of
Comcast to such lenders as may be selected by Comcast from time to time.
A Time Wome+- be[cr7ainrnew - AdvonceLNewboase Company • We Guarluuee Our Service
hi addition„by executing below,. Lessor represents that:
I . The Lease is in. full force and effect-and. has not been modified, changed,
altered, supplemented or amended in any way (except to the:extent described herein), the
Lease represents the entire agreement between Lessor and TWEAN,fegarding TWE'A.N's
use and occupancy of the premises under the Lease.
2. The-term ofahe Lease; or the current extension period of the Lease,
expires on. March 31, 2002, unless sooner terminated-in accordance with the. Lease.
The current rent payable under the Lease is $;1;000 per year (the "Rent").,
4. All Rent and other charges,paya6le by TWEAN'under'the Lease have been
paid throughrthe date of Lessor's signature below; and there has been no prepayment of
Rent other than as provided for in the.Lease.
S. Lessor has no claim against TWEAK under the Lease for any failure to
perform or observe any of its oiiligations, and, TWEAN is not in,breach. or defautt with
respect to any.condition,of the Lease..
6. As of the, date set forth below Lessor's; signature,, all improvements and all
other work required to he;perforined by'TWEAN'urider'the Lease, if any, have been
completed in:accordance with the Lease (or you have expressly waived the performance
thereof).
TWEAN respectfully _requests that Lessor signify its approval and. confirmation of
the above by executing this letter and"feturning'it to me-'as soon as possible in the
enclosed self addressed, stamped envelope. Because we anticipate closing in early 2000;
your prompt reply would be,greatly appreciated.
Thank you, in advanceLfor your. assistance: Should. you have any questions in
connection with this request„pl6ase feel free'to Call meat -317-632-9077.
Sincerely,,
Rick E. Langhals
Vice President, of Finance
APPROVED AND CONFIRMED
CITY OF CARMEL
r
By:
Nat
Dater
Ratified and Approved this ?hday of June, 2000.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
13 Y: I
r
ames Brainard, Presiding O ficer
Date:
Mary AW 13rke Member
Date: 4-; Qa
Lk I I
Billy lker, Member
Date: e6-9?1--,d"ylo
ATTEST:
Diana Cordray, IMCA. Clerk-Treasurer
Date: 1-?/-bv