12-9-2024 CC Agenda Packet - Laserfiche WebLink

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232860v1 18 Minnesota Statutes Section 238.084, Grantee shall provide and make available for PEG Access usage within the Service Area in accordance with Exhibit E hereto. a. PEG Access Facilities shall be operated by the City. b. Community Access/PEG Programming. Subject to the legal, financial, and technical feasibility of same, Grantee shall, upon request from the City provide carriage of the Lake Minnetonka Cable Commission (LMCC) PEG programming originating from the LMCC and the Cities of Wayzata and Medina. Grantee will work with the City to explore the feasibility of broadcasting programming originating from the City in the future. SECTION 7 OPERATION AND ADMINISTRATION PROVISIONS (1) Franchise Fee. a. During the term of the Franchise, Grantee shall pay monthly to the City a Franchise Fee of five percent (5%) of Gross Revenues or a lower percentage amount as established by the City Council from time to time. Grantee and City may mutually agree to increase the Franchise Fee subject to Applicable Law. In the event Grantee bundles or combines Cable Services (which are subject to the Franchise Fee) with non-Cable Services (which are not subject to the Franchise Fee) so that Subscribers pay a single fee for more than one (1) class of service resulting in a discount on Cable Services, Grantee agrees that for the purpose of calculation of the Franchise Fee, it shall allocate to Cable Service revenue no less than a pro rata share of the revenue received for the bundled or combined services. The pro rata share shall be computed on the basis of the published charge for each service in the bundled or combined classes of services when purchased separately. b. Each Franchise Fee payment shall be paid monthly not later than thirty (30) days following the end of a given month and each payment shall be accompanied by the Franchise Fee Payment Worksheet in the form attached hereto as Exhibit H. c. Except as otherwise provided by law, no acceptance of any payment by the City shall be construed as a release or as an accord and satisfaction of any claim the City may have for further or additional sums payable as a Franchise Fee under this Franchise or for the performance of any other obligation of the Grantee. d. Any Franchise Fees owing pursuant to this Franchise which remain unpaid more than thirty (30) days after the end of a given quarter shall be delinquent and shall immediately thereafter accrue simple interest at twelve percent (12%) per annum. Enforcement of unpaid Franchise Fees shall be handled in accordance with Section 9(7), however, Grantee shall in all cases be subject to interest on any payment more than thirty (30) days after the end of a given month. 83