09-23-19-R - Laserfiche WebLink

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SETTLEMENT AGREEMENT This Settlement Agreement (the "Agreement') is entered into on this day of 2019 by and between the North Suburban Communications Commission ('NSCC'), a Joint Powers Commission comprised of the municipalities of Arden Hills, Falcon Heights, Lauderdale, Little Canada, Mounds View, New Brighton, North Oaks, Roseville, and St. Anthony, Minnesota (the "Member Cities'), each of the Member Cities and Qwest Broadband Services, Inc. d/b/a CenturyLink (hereinafter "CenturyLink"). The NSCC, Member Cities and CenturyLink shall sometimes be referred to herein individually as a "Party" and collectively as the "Parties." I. RECITALS A. The NSCC, among other things, negotiates and administers cable franchises on behalf of the Member Cities. B. The Member Cities each, through the NSCC, and CenturyLink negotiated and entered into a cable franchise agreement with Qwest Broadband Services, Inc. ("QBSI") DBA CenturyLink (collectively the "Franchise"). C. The NSCC has asserted that CenturyLink may be in violation of the Franchise for: (i) allegedly no longer aspiring to complete a reasonable build -out of its cable system within five years; (ii) allegedly no longer competing for Cable Service customers and not even trying to have market-based success; and (iii) allegedly not expending any effort to deploy its system in a shorter time period than allegedly required (collectively "Alleged Franchise Violations"). D. CenturyLink disputes the Alleged Franchise Violations, and specifically claims that it remains in compliance with the Franchise, including the market-based success language in the franchise; any build requirement set forth in the Franchise; and providing service as required in the Franchise. E. Each cable franchise agreement between each Member City and CenturyLink has a term of five years and expires between November 2020 and January 2021 per the cable franchise agreements (the "Initial Term"). F. It is the intent of the Parties to establish a process whereby the Member Cities and the NSCC will not pursue the Alleged Franchise Violations in exchange for the promises contained herein. NOW, THEREFORE, in consideration of the terms, conditions, covenants, considerations, mutual promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Parties, and intending to be legally bound, the Parties agree as follows: IL AGREEMENT 1. Effective Date. This Agreement shall be effective on the date first written above (the "Effective Date").