Ord. #73 - Cable Franchise - Laserfiche WebLink

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FROM NORTH METRO FAX NO. : 612 780 8242 Oct. 17 2002 08:42RM P7 the availability of the Usriversal PEG Service at least four ad avails per week to'be chosen at the sole discretion of Meredith. The Co=iWon acknowledges that It has received frot Its legal counsel an opinion that UniversaY PEG Service is permitted under applicable federal and state law, and that Meredith need not change cutter services or rates to bring them into compliance with federal or state law. Meredith agrees that, should it sell or transfer any interest in the Cable System (sufficient to require Member Cities' approval pursuant to the Franchise) for a Profit (as dermed below) prior to expiration of the current Framhisa on September 8, 1998, It shall pass the fun amo=t of any said Profit on to subscribers, up to, and not erceediatg the total dollar amount of Relief granted by this Metnorandum (as defined below). For my sale or transfer of a partial interest in the Cable System, profit shall be calculated on a pro rata basis as set forth below. Noticing in this section shall constitute an admission or precedent thr future rate reguladon or transfer or sales of the Cable System which may occur beyond the inidal tern, of the Franchise. "Fromm"shall mean the total Sale Price (including the value of any and all non-tnon=ry Fit is or Inc=dves) received for the Cable System by .lvi weditiy, less the Acquisition Cost, less a�a a=uaI rate of return of 9% on the Acquisition Cost (subjee! to verificaeson that q% was the auerage of Meredith's actual cost of money since September 1 199.2 acquisition hate), as agreed R upu by the parties, less the verifiable capital expenditures made since the acquisition date, lass the reasonable ovate of sale (Attorney's fees, broker's fees, ems.). The partiesexpressly agree tlaet no allowance or other reductions or considerations in profit calculadonq sh&U W made for any past or current adulated operating deficits. "Relief" shall meant the total of that additional amount per mouth per subscriber, from April t 1995, to December 31, 199S, which Meredith =y collect and/or retain tender this Memorandum, which was previously termed "PEG Goats" or "Other Fnwchise Fees" by Meredith, and for which the Commission has previously disputed pass -through or external treatment. . Meredith is allowed to charge a basic service rate in the amount being lawfully charged as of the effective date of this Agreement and any subsequent increases lawfully put in place by Meredith, plus all amours identified herein in Exhibit A as costs which are to be given external t reatmant costs which may be passed tbrough, or com to be borne by the sub=ibers, except as provided for below, and which shall be Identified on the subsen'ber bill and itemized as a "PEG Fee". Nothing in this A.greem=t shall limit other external increases not expressly addre;scd-in the Memorandum and other rate adjustment consistent with federal law and regulations. R