(a) Posting and publication. Grantee shall assume the cost of posting and publication of this
as such posting and publication is required by law and such is payable upon grantee's filing of acceptance of this
.
(b) Guarantee of performance. Grantee agrees that it enters into this
voluntarily in order to secure and in consideration of the grant from the
of a ten year
. Performance pursuant to the terms and conditions of this
is guaranteed by grantee.
(c) Entire agreement. This
contains the entire agreement between the parties, supersedes all prior agreements or proposals except as specifically set forth herein, and cannot be changed orally but only by an instrument in writing executed by the parties. This
is made pursuant to M.S. § 238 and the
and is intended to comply with all requirements set forth therein.
(d) Consent. Wherever the consent or approval of either grantee or the
is specifically required in this agreement, such consent or approval shall not be unreasonably withheld.
(e) Prior
terminated. The cable television
as originally granted by Ord. 99-2 is hereby terminated.
(f)
acceptance. No later than 45
following City Council approval of this
, grantee shall execute and return to the
three original
agreements. The executed agreements shall be returned to the
accompanied by performance bonds, security funds, and evidence of insurance, all as provided in this
. In the event grantee fails to accept this
, or fails to provide the required documents, this
shall be null and void. The grantee agrees that despite the fact that its written acceptance may occur after the
, the obligations of this
shall become effective on February 1, 2015.
(g) Amendment of
. Grantee and
may agree, from time to time, to amend this
. Such written amendments may be made subsequent to a review session pursuant to § 20.17(f) or at any other time if
and grantee agree that such an amendment will be in the public interest or if such an amendment is required due to changes in federal, state or local laws; provided, however, nothing herein shall restrict city's exercise of its police powers.
(h)
renewal. Any renewal of this
shall be in accordance with
. The term of any renewed
shall be limited to a period not to exceed 15 years.
(i) Notice. Any notification that requires a response or action from a party to this
, within a specific time-frame or would trigger a timeline that would affect one or both parties' rights under this
, shall be made in writing and shall be sufficiently given and served upon the other party by hand delivery, first class mail, registered or certified, return receipt requested, postage prepaid, or by reputable overnight courier service and addressed as follows:
To the
: | City Manager, City of Bloomington |
1800 West Old Shakopee Road | |
Bloomington, MN 55431-3027 | |
To the grantee: | Comcast Regional Vice President of Operations |
10 River Park Place | |
St. Paul, MN 55107 |
Recognizing the widespread usage and acceptance of electronic forms of communication, emails and faxes will be acceptable as formal notification related to the conduct of general business amongst the parties to this contract, including but not limited to programming and price adjustment communications. Such communication should be addressed and directed to the
of record as specified above.
(j) Rights of Individuals.
(1) Grantee shall not deny service, deny access, or otherwise discriminate against
,
users, or general citizens on the basis of race, color, religion, disability, national origin, age, gender or sexual preference. Grantee shall comply at all times with all other
, relating to nondiscrimination.
(2) Grantee shall adhere to the applicable equal employment opportunity requirements of
, as now written or as amended from time to time including 47 U.S.C. § 551, Protection of Subscriber Privacy.
(3) Neither grantee, nor any
, agency, or entity shall, without the subscriber's consent, tap or arrange for the tapping, of any cable, line, signal input device, or
outlet or receiver for any purpose except routine maintenance of the system, detection of unauthorized service, polling with audience participating, or audience viewing surveys to support advertising research regarding viewers where individual viewing behavior cannot be identified.
(4) Grantee shall not, without lawful court order or other applicable valid legal authority, utilize the system's interactive two-way equipment or capability for unauthorized personal surveillance of any
or general citizen.
(5) No cable line, wire, amplifier,
, or other piece of equipment owned by grantee shall be installed by grantee in the subscriber's premises, other than in appropriate easements, without first securing any required consent. If a
requests service, permission to install upon subscriber's property shall be presumed. Where a property owner or his or her predecessor was granted an easement including a public utility easement or a servitude to another and the servitude by its terms contemplates a use such as grantee's intended use, grantee shall not be required to service the written permission of the owner for the installation of cable television equipment.
(k) Rights reserved to
. In addition to any rights specifically reserved to the
by this
, the
reserves to itself every right and power which is required to be reserved by a provision of this
.
(l) Severability. If any provision of this
is held by any governmental authority of competent jurisdiction, to be invalid as conflicting with any
now or hereafter in effect, or is held by such governmental authority to be modified in any way in order to conform to the requirements of any such
, such provision shall be considered a separate, distinct, and independent part of this
, and such holding shall not affect the validity and enforceability of all other provisions hereof. In the event that such
are subsequently repealed, rescinded, amended or otherwise changed, so that the provision hereof which had been held invalid or modified is no longer in conflict with such laws, said provision shall thereupon return to full force and effect and shall thereafter be binding on
and grantee, provided that
shall give grantee 30
’ written notice of such change before requiring compliance with said provision or such longer period of time as may be reasonably required for grantee to comply with such provision.
(m) Force majeure. In the event that either party is prevented or delayed in the performance of any of its obligations, under this
by reason of acts of God, floods, fire, hurricanes, tornadoes, earthquakes, or other unavoidable casualties, insurrection, war, riot, vandalism, strikes, delays in receiving permits where it is not the fault of grantee, public easements, sabotage, acts or omissions of the other party, or any other similar event beyond the reasonable control of that party, it shall have a reasonable time under the circumstances to perform such obligation under this
, or to procure a substitute for such obligation to the reasonable satisfaction of the other party.
(n) Work of contractors and subcontractors. Work by contractors and subcontractors is subject to the same restrictions, limitations and conditions as if the work were performed by grantee. Grantee shall be responsible for all work performed by its contractors and subcontractors, and others performing work on its behalf as if the work were performed by it and shall ensure that all such work is performed in compliance with this
, the
and other
, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is grantee's responsibility to ensure that contractors, subcontractors or other
performing work on grantee's behalf are familiar with the requirements of this
, the
and other
governing the work performed by them.
(o) Governing law. This
shall be deemed to be executed in the State of Minnesota, and shall be governed in all respects, including validity, interpretation and effect, and construed in accordance with, the laws of the State of Minnesota, as applicable to contracts entered into and performed entirely within the state.
(p) Non-enforcement by
. Grantee shall not be relieved of its obligation to comply with any of the provisions of this
by reason of any failure of the
or to enforce prompt compliance.
(q) Captions. The subsection captions and headings in this
are for convenience and reference purposes only and shall not affect in any way the meaning of interpretation of this
.
(r) Calculation of time. Where the performance or doing of any act, duty, matter, payment or thing is required hereunder and the period of time or duration for the performance is prescribed and fixed herein, the time shall be computed so as to exclude the first and include the last
of the prescribed or fixed period or duration of time. When the last
of the period falls on Saturday, Sunday or a legal holiday, that
shall be omitted from the computation and the next business
shall be the last
of the period.
(s) Survival of terms. Upon the termination or forfeiture of the
, grantee shall no longer have the right to occupy the
for the purpose of providing
. However, grantee's obligations to the
(other than the obligation to provide service to
) shall survive according to their terms.
(t) Competitive equity. If any other
enters into any agreement with the
to provide multi
video programming or its equivalent to residents in the
, the
, upon written request of the grantee, shall permit the grantee to construct and/or operate its
and provide multi
video programming or its equivalent to
in the
under the same agreement as applicable to the new MVPD. Within 120
after the grantee submits a written request to the
, the grantee and the
shall enter into an agreement or other appropriate authorization (if necessary) containing the same terms and conditions as are applicable to the new
.
(Ord. 2015-7, passed 1-26-2015)
Public Schools | Address |
Hillcrest Elementary School | 9301 Thomas Avenue |
Hubert Olson Elementary School | 4501 W. 102nd Street |
Indian Mounds Elementary School | 9801 - 11th Avenue S. |
Normandale Hills Elementary School | 9501 Toledo Avenue S. |
Public Schools | Address |
Oak Grove Elementary School | 1301 W. 104th Street |
Poplar Bridge Elementary School | 8401 Palmer Avenue |
Ridgeview Elementary School | 9400 Nesbitt Avenue S. |
Valley View Elementary School | 351 E. 88th Street |
Washburn Elementary School | 8401 Xerxes Avenue S. |
Westwood Elementary School | 3701 W. 108th Street |
Oak Grove Middle School | 1300 W. 106th Street |
Valley View Middle School (BEC-TV) | 8900 Portland Avenue S. |
Hubert Olson Middle School | 4551 W. 102nd Street |
Jefferson High School | 4001 W. 102nd Street |
Kennedy High School | 9701 Nicollet Avenue |
Normandale Community College | 9700 France Avenue S. |
Southwood Early Childhood-Dist. 271 | 4901 W. 112th Street |
Pond Center-Dist. 271 | 9600 Third Avenue S. |
District Transportation Center | 8801 Lyndale Avenue S. |
Community Education | 2575 W. 88th St. |
District Support Services | 4571 W. 102nd Street |
Educational Service Center | 1350 W. 106th |
Jefferson Activity Center | 4001 W. 102nd Street |
JFK Activity Center | 150 E. 98 Street |
Galaxy Youth Center | 8900 Portland Avenue S. |
Bloomington Stadium | 8900 Queen Avenue S. |
Public Buildings | Address |
Bloomington Civic Plaza | 1800 W. Old Shakopee Road |
Creekside Community Center | 9801 Penn Avenue S. |
Public Health Center | 1900 W. Old Shakopee Road |
Motor Vehicle Licensing Center | 9930 Logan Avenue S. |
Bloomington Public Works Administration | 1700 W. 98th Street |
Bloomington Armory | 3300 W. 98th Street |
Bloomington Ice Garden | 3600 W. 98th Street |
Public Buildings | Address |
Dwan Golf Course | 3301 W. 110th Street |
Hyland Greens Golf Course | 10100 Normandale Boulevard |
Fire Station #1 | 10 W. 95th Street |
Fire Station #2 | 10601 Xerxes Avenue S. |
Fire Station #3 | 2050 E. 86th Street |
Fire Station #4 | 4201 W. 84th Street |
Fire Station #5 | 10540 Bush Lake Road |
Fire Station #6 | 8601 Lakeview Road |
Oxboro Community Library | 8801 Portland Avenue |
Penn Lake Community Library | 8800 Penn Avenue S. |
(Ord. 2015-7, passed 1-26-2015)
Trade Secret - Confidential | ||||
Month/Year | Month/Year | Month/Year | Total | |
A la Carte Video Services | ||||
Audio Services | ||||
Installation Charge | ||||
Bulk Revenue | ||||
Expanded | ||||
Pay-per-view | ||||
Guide Revenue | ||||
Revenue | ||||
Advertising Revenue | ||||
Home Shopping Revenue | ||||
Digital Services | ||||
Inside Wiring | ||||
Other Revenue | ||||
Equipment Rental | ||||
Processing Fees | ||||
Fee | ||||
Fees | ||||
Bad Debt | ||||
Late Fees | ||||
REVENUE | ||||
Fee Calculated | ||||
(Ord. 2015-7, passed 1-26-2015)