HomeMy WebLinkAboutContractSETTLEMENT AGREEMENT
FRANCHISE FEE REVIEW
This Settlement Agreement (the “Settlement Agreement”) is dated this 9th day of
March 2026, between Comcast Cable Communications Management, LLC
(“Comcast”), and the City of Renton, WA (City). Comcast and the City may be
individually referred to hereafter as a “Party” or jointly as the “Parties.”
RECITALS
WHEREAS, the Cable Franchise (“Franchise”) requires Comcast to collect from
subscribers and pay to the City a franchise fee in the amount of five percent (5%) of
Comcast’s gross annual revenues from the provision of cable service (the “Franchise
Fee”), certain PEG fees, and Cable Business Utility Taxes;
WHEREAS, the City engaged an auditor to conduct a review of Comcast’s
Franchise Fee payments for the period from January 1, 2020 through December 31, 2022;
WHEREAS, the City’s auditor made findings which Comcast in part agreed but
most of which it disputed; and
WHEREAS, the Parties deem it to be to their mutual benefit to settle all Franchise
Fee, PEG Fee, and Utility Tax payment issues for January 1, 2020 through December 31,
2022 as described below (Settlement Period);
NOW THEREFORE, in exchange for the mutual benefits and undertakings
described herein, and for other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the Parties agree as follows:
1. PAYMENT OF FRANCHISE FEES, PEG FEES, and CABLE BUSINESS
UTILITY TAXES SETTLEMENT BY COMCAST
Within thirty (30) days of delivery to Comcast of a counterpart original of this
Settlement Agreement executed by the City, Comcast shall deliver to the City a check
made payable to City of Renton in the amount of $160,000.
2. RELEASE OF ALL CLAIMS AND FINAL SATISFACTION AND RELEASE
OF PAYMENT OBLIGATIONS
The Parties hereby release and discharge each other from all claims related to
payments for the franchise fee Settlement Period of January 1, 2020 through December 31,
2022; provided however, the City reserves the right to claim franchise fees and utility tax
on revenues from video programming delivered via streaming in the event a court, the
FCC, or a legislative body declares such video programming a cable service. Payment by
Comcast to the City pursuant to Section 1 hereof shall be deemed full and final satisfaction
and release of Comcast’s payment obligations for the Settlement Period.
CAG-26-064
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3. NO WAIVER OF THE METHOD OF CALCULATION OF GROSS REVENUES
The Parties mutually agree that this Settlement Agreement controls only the
Settlement Period and does not constitute a waiver by either Party of any claim for any
period not within the Settlement Period.
4. GENERAL PROVISIONS
(a) Each Party covenants and agrees that it will not make, assert or maintain
any claim, demand, action or cause of action that is discharged by this Settlement
Agreement against the other Party; provided, however, that either Party may bring an
action against the other Party to enforce this Settlement Agreement.
(b) Each Party represents that it has not conveyed or assigned any claims
released by this Settlement Agreement to any third parties. Each Party represents and
warrants that it has the power and authority to enter into this Settlement Agreement. Any
breach of this Settlement Agreement shall be subject to all remedies available to the Parties
at law or in equity. In addition, any breach of this Settlement Agreement shall be deemed
a breach of the Franchise, and shall be subject to all of the remedies available under the
Franchise.
(c) The Settlement Agreement sets forth the entire agreement of the Parties
with respect to its subject matter, there being no other promise or inducement to or for the
execution of this Settlement Agreement other than the consideration cited above. There
are no contingencies, conditions precedent, representations, warranties, or other agreement,
oral or otherwise, regarding settlement between the Parties not stated herein.
(d) The Parties acknowledge that this Settlement Agreement is the product of
negotiations between the Parties and does not constitute, and shall not be construed as, an
admission of liability on the part of any Party.
(e) This Settlement Agreement shall inure to the benefit of, and shall be
binding on, the Parties’ respective successors and assigns.
(f) This Settlement Agreement may not be modified or amended, nor any of its
terms waived, except by an amendment signed by duly authorized representatives of the
Parties.
(g) This Settlement Agreement shall be construed and enforced in accordance
with the laws of the State of Washington without regard to conflicts of law principles. All
actions or suits brought hereunder or arising out of this Settlement Agreement shall be
brought in the appropriate State or Federal courts in King County, WA, and in no other
courts.
(h) This Settlement Agreement shall be effective upon the date when it is
executed on behalf of the City.
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IN WITNESS WHEREOF, the Parties have caused this Settlement Agreement to
be executed by duly authorized representatives of each Party on the dates written below.
CITY OF RENTON, WA
By: ___________________________
Name: __________________________
Title: ___________________________
Date: ___________________________
COMCAST CABLE COMMUNICATIONS
MANAGEMENT, LLC
By: ____________________________
Name: ___________________________
Title: ____________________________
Date: ____________________________
Armondo Pavone
Mayor
3/9/2026