Yucaipa Municipal Code Art. IX Liquidated Damages

In addition to all other rights and powers retained by the city, the city reserves the right to assess on behalf of its citizens and the franchisee’s subscribers liquidated damages in the event of a failure to comply with any time or performance requirements, or breach of a term or condition of such franchise, of this cable service provider ordinance, or of any federal, state, or local law or regulation pertaining to the provision of cable service, which failure has not been remedied following procedures set forth in the ordinance codified in this title.

(Ord. 205 § 3, 2001)

Upon preparation and acceptance of a franchise agreement, a franchisee shall indicate it understands that failure to comply with any time and performance requirements, or breach of a term or condition of such franchise, of this cable service provider ordinance, or of any federal, state, or local law or regulation pertaining to the provision of cable service, as stipulated in the agreement or the ordinance codified in this title will result in damage to the city, and that in certain cases it is and will be impracticable to determine the actual amount of such damage in the event of delay or nonperformance of specified obligations. If the cable administrator elects to assess liquidated damages against the franchisee, such liquidated damages shall constitute the exclusive monetary remedy available to the city, and the city shall be entitled to no other monetary damages with the exception of claims sounding in fraud or tort, or defense and indemnity.

(Ord. 205 § 3, 2001)

By acceptance of a franchise agreement, the franchisee understands and agrees that failure to comply with any time and performance requirement as stipulated in the franchise agreement or the ordinance codified in this title, absent good cause, will result in damage to the city. Liquidated damages shall continue to accrue, even during the appeals process, until such day as the liquidated damages payment is actually received by the city or waived by the city, or the appeal is sustained. Failure to pay liquidated damages within the time provided shall be a violation of the ordinance codified in this title and cause to proceed against either the letter of credit or bond or surety provided by the franchisee under the terms of the section entitled “letter of credit” or “construction bond.” The franchisee shall be charged no more than the following amounts in liquidated damages: