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Home My WebLink AboutAgr 2013-06-05 (Marin Telecommunicatons Agency)This First Amendment to Agreement of Formation ("First Amendment") is entered into as of June 5, 2013 (the "First Amendment Effective Date"), and is made by and among the County of Marin and the Cities of Belvedere, Larkspur, Mill Valley, Sausalito and San Rafael, and the Towns of Corte Madera, Fairfax, Ross, San Anselmo and Tiburon (collectively, the "Constituent Jurisdictions"), with reference to the following: A. The Constituent Jurisdictions entered into that certain Agreement of Formation (the "Agreement") in 1997 for the purpose of creating the Marin Telecommunications Agency, a joint powers authority existing pursuant to California Government Code 6500 et seq. (the "Agency"). All capitalized terms used herein without definition shall have the same meanings F assigned to them in the Agreement. B. Due to changes in state law affecting the operation of cable -franchises, certain provisions of the Agreement relating to the distribution of franchise fees among Constituent Jurisdictions are either obsolete or cannot be implemented due to legal limitations on the Agency's ability to obtain certain information about subscribers from providers. C. The Constituent Jurisdictions have agreed to revise the provisions of the Agreement with respect to such distributions, all as provided more particularly below. NOW. THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Constituent Jurisdictions agree as follows: AGREEMENT 1. The Recitals above are hereby declared to be true and correct, and are hereby incorporated into this Amendment as if fully set forth below. 2. Section 6, Payments, is hereby deleted in its entirety and replaced by the following revised Section 6, Franchise Fee Payments to Constituent Jurisdictions: (a) DIVCA State Franchises. The Constituent Jurisdictions acknowledge and agree that all franchise fees payable to local jurisdictions from franchises issued by the state pursuant to the Digital Infrastructure and Video Competition Act of 2006 ("DIVCA") are being paid to the Agency. From the total amount of such fees paid to the Agency annually, the Agency shall deduct the amount of its annual operating budget and reserves, as set forth in the final budget approved by the Board of Directors pursuant to Section 2 above. The remaining amount shall be distributed to the Constituent Jurisdictions as the franchise fees are received by 11 373-0001\1 512441vl.doe -I- the Agency each quarter in accordance with the franchise fee reports for each Constituent Jurisdiction received by the Agency from each video provider. (b) Other Franchises. For any other franchises that the Agency is legally entitled to grant, franchise fees will be distributed among the Constituent Jurisdictions as may be determined by the Board of Directors in accordance with the procedure set forth in Section 2 for adopting the annual budget. (c) Agency Statements Required. Each distribution shall be accompanied by a statement describing the amounts of all franchise fees received by the Agency for each Constituent Jurisdiction during the distribution period, the dates of receipt, and the amount of revenue required to fund the Agency Budget and reserves. 3. This First Amendment may be executed in any number of counterparts, each of which shall be deemed to be an original, but all together shall constitute but one and the same instrument. Except as expressly modified by this First Amendment, all other terms and conditions of the Agreement remain in full force and effect. [Signatures appear on following pages.] 11373- 000111512441 vl.doc -2- ATTEST: City Clerk U-90=9 Town —Clerk- ATTEST: Town Clerk 1512441 v] CITY OF SAUSALITO, a municipal corporation By: Name: Mayor CITY OF SAN RAFAEL, a municipal corporation By: — Name: Mayor TOWN OF CORTE MADERA. a municipal corporation By: Name: Mayor TOWN OF FAIRFAX, a municipal corporation By: _ Name: Mayor ATTEST: City Clerk ATTEST: e-. 19ez elv_ City Clerk Appi-oveff as to torra: e ATTEST: Town Clerk ATTEST: Town Clerk 1512441 v I CITY OF SAUSALITO, a municipal corporation 2= CITY OF AN RA, F -XEL, a municipal corporation Name: Mayor By: __ Name: , Mayor TOWN OF FAIRFAX, a municipal corporation By: __ Name: Mayor By: — Name: City Clerk fflfflffl=-� z= CITY OF SAN RAFAEL, a municipal corporation 1 .0 City Clerk Mayor TOWN OF CORTE MADEWL, a piunicipal. corporation By: Name: Mayor AT'rES'J1, : Deputy Town( le n. ffr .; � E� 1512441vi Mayor CITY OF SAUSALITO, a municipal corporation By: _ Name: F.WIMMM City Clerk Mayor CITY OF SAN RAFAEL, a municipal corporation By: _ Name: ATTEST: City Clerk Mayor TOWN OF CORTE MADERA, a municipal corporation Rio, in ATTEST: Town Clerk Mayor TOWN OF FAIRF F,1i—hitqicjia al corporation -A' - Mayor AT-ITEST: ifs 'f1% -.,y Town C., 1512441 vi IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date first written above. KYFE� I Assistant Clerk of the Board ATTEST: City Clerk City Clerk ATTEST: City Clerk 151244]vl COUNTY OF MARIN By: Name, X11 lb /1 1) Chairperson, - Wt Board S ervisors CITY OF BELVEDERE, a municipal corporation By: — Name: Mayor CITY OF LARKSPUR, a municipal corporation By: Name: Mayor CITY OF MILLVALLEY, a municipal corporation By: _ Name: Mayor IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date first written above. ATTEST: County Counsel ATT-'ST: City Clerk ATTEST: City Clerk ATTEST: City Clerk 1512441vl COUNTY OF MAKIN By: Name: Chairperson, Board of Supervisors CITY OF BELVEDERE, a municipal corporation r� VN-e-g—j By: Name: DNE Mayor ,A D.oW ......... � CITY OF LARKSPUR, a municipal corporation By: _ Name: Mayor CITY OF MILLVALLEY, a municipal corporation By: _ Name: Mayor IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date first written above. ATTEST: County Counsel ATTEST: City Clerk COUNTY OF MARIN By: Name: Chairperson, Board of Supervisors CITY OF BELVEDERE, a municipal corporation By: _ Name: Mayor CITY OF LARKSPUR, a municipal corporation By: Name*, 1-':141V16-'7-- Mayor AlEST: tA City Clerk CITY OF MILLVALLEY, a municipal corporation ATTEST: City Clerk 151244 1 v I By: _ Name: Mayor IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date first written above. ATTEST: County Counsel ATTEST: City Clerk City Clerk J512441v) 0 COUNTY OF MARIN By: Name: Chairperson, Board of Supervisors CITY OF BELVEDERE, a municipal corporation rz� Mayor CITY OF LARKSPUR, a municipal corporation By: _ Name: Mayor CITY OF MILLVALLEY, a municipal corporation By: Name: Mayor AT`FEST- L Town Clerk ATTEST: Town Clerk Town Clerk. 151244tvI TOWN OF ROSS, a municipal corporation t' J By: V Name: e, a,,AL-g-i- Mayor TOWN OF SAN ANSELMO, a municipal corporation By: _ Name: Mayor TOWN' OF TIBURON. a municipal corporation By: Name: Mayor ATTEST: Town Clerk TOWN OF ROSS, a municipal corporation By: Name: Mayor TOWN OF SAN ANSELMO, a municipal corporation By: Name:. Mayor E ST: Town Clerk TOWN OF TIBURON, a municipal corporation Town Clerk 1512441vt Mayor TOWN, OF ROSS, a municipal corporation By: Name: Mayor ATTEST: ToNvii Clerk TOVTN OF SAN ANSELMO, a municipal corporation By: _ Name: ATTEST: Town Clerk Mayor TOWN OF TIBURON, a municipal corporation By: VAI_Zle-le Name: Q'OC"Kme-Z Mayor ATTEST;` Town Clerk ANN DANFORTH TOWN ATTORNEY TOWN OF TIBURON 1512441vl Page 1 of 1 Diane Crane tacopi From: Ann Danforth Sent: Tuesday, November 05, 2013 2:51 PM To: Diane Crane tacopi Subject: Amendment to the MTA Formation Agreement Attachments: Formation Ag., First Am, w signatures 10- 10- 13.pdf Hi Diane: Here is another for the Agreements file: the final signed version of this agreement, which the Council approved last spring. Ann CONFIDENTIAL - ATTORNEY /CLIENT COMMUNICATION Ann R. Danforth Town Attorney, Town of Tiburon adaiiforth@ci.tiburon.ca.us ci.tiburon.ca.us Office: 415- 435 -7370 NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient of this communication, or an employee or agent responsible for delivering this communication to the intended recipient, please advise the sender by reply email and immediately delete the message and any attachinents without copying or disclosing the contents. Thank you. 11/5/2013