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HomeMy WebLinkAbout2004-076 Cable Agrmt-Palm MotelCABLE TELEVISION BULK BILLING AGREEMENT (MOTEL - NO INSTALLATION) Owner: '~/V IV/UT-dr~ Address: " , dba The Palm Motel Telephone number: f/~ ,~ - ~ ~'. 3 ~, Date service to begin: (¶2.1): Feb. 1, 2004 I Date term ends (¶ 1): January 31, 2007 Location of premises to be served: (¶ 2.1): 1065 Siskiyou Blvd. Ashland, OR Service provided (¶ 2.1): AFN Expanded Basic CATV Service to 13 Guest Units and common office/lobby area. Premium services (¶ 2.2): None Monthly charge ¶ 3): Per guest room: $ 7.75 I Total monthly charge (¶ 3.1): $100.75 AGREEMENT between the City of Ashland, by and through its Department of Electdc Utilities, Ashland Fiber Network Cable Television Division ("AFN Cable") and the Owner listed above. AFN Cable and Owner agree: 1. Term. This agreement is for a term ending on the date listed above and will be automatically renewed for successive 2-year terms, unless sooner terminated as provided in section 6. 2. Service. 2.1 . Service Provided. The service provided by AFN Cable to Owner's premises listed above initially be as indicated above; provided, however, that the service is subject to change. All channels deleted from the cable television service provided to other subscribers in Ashland will be deleted from the service provided to Owner and may be replaced by channels selected by AFN Cable. AFN Cable may from time to time rearrange, delete from or otherwise offer different cable television or broadcast programming on the service. 2.2 . Premium Services. Owner will deliver the premium services indicated in Exhibit B to guestrooms only, and such premium services must not be shown in bars, lounges, hallways, lobbies or other common areas of the premises. Owner will not permit any advertisement, program delay, interruption, editing, insertion, deletions or any alteration in the premium service's feed delivered to Owner by AFN Cable. Owner will not authorize and will take reasonable steps to prevent copying or videotaping of premium services by anyone on the premises. Owner will not charge guests staying at the premises any fee for premium services. All advertising and promotional materials describing the availability of premium services to guests staying at the premises will contain the phrase "free to guests," and AFN Cable has the right to review and approve all such advertising and promotional materials concerning premium services used by Owner. 2.3 . Advertising and Promotion. At its option, AFN Cable may provide to Owner on-site advertising and promotional materials, including but not limited to (i) posters for use in the lobby and other common rooms of the premises, (ii) premium services, program guides and customized holders for placement on all television sets in guest rooms and (iii) a channel line-up for each guest room. 3. Rates and Other Costs. 3.1 . Monthly charge. Owner will pay to AFN Cable the charge per month per guestroom or other room for the service, for a total monthly payment as listed above, in accordance with the billing procedures set forth in section 3.2. Applicable taxes and fees will be added to such charge. The rates payable by Owner are payable whether or not such guestroom is occupied. AFN Cable may increase the monthly charge for the service at any time, upon giving Owner wdtten notice at least 30 days prior to the effective date of such increase. At no time will the monthly charge for the service exceed the charge to other similarly situated hotels in Ashland. 1- Bulk Billing Agreement H:\Bulk General File\Palm Motel Nolte Contract.doc 3.2 . Billing. The stated monthly rate above is to be paid monthly by the due date for the utility bill for the premises for that month. Interest on all payments not timely paid pursuant to this section will accrue at the rate of 1.5% per month. Upon any delinquency in payment, AFN Cable has the right to disconnect the service provided to the premises and terminate this agreement by 10 days prior written notice to Owner, and Owner is responsible for paying all delinquent payments and other applicable charges. 4. Information and Records. Owner agrees to supply in writing to AFN Cable the name of the manager of the premises and the total of guestrooms. Owner further agrees to notify AFN Cable in writing within five business days of any change in the above information. Owner will provide access to AFN Cable to records concerning the premises upon 10 days' written notice to Owner in order to verify the accuracy of information provided to AFN Cable. 5. Termination. 5.1 . By Notice. Either party may terminate this agreement as of the end of the initial or any renewal term by giving wdtten notice to the other at least 90 days pdor to the expiration date of the initial term of this agreement, or any subsequent renewal term. 5.2 . By Default. This agreement may be terminated by AFN Cable if Owner fails to pay any sums due under this agreement within 10 days of written notice by AFN Cable. This agreement may be terminated by either party if the other party violates any material, non-monetary provision of this agreement, or is unable or unwilling to fulfill its duties or other obligations hereunder; provided however, that the defaulting party is to be given notice of the default, and is to have 30 days from receipt of such notice in which to cure or commence to cure the default. If the defaulting party has not cured or' commenced to cure (and is proceeding diligently to cure) such default by the end of such 30-day period, this agreement will terminate on the date stated in the notice. Upon termination, the non-defaulting party may pursue all available remedies. 5.3 . By AFN Cable. AFN Cable may terminate this agreement upon 60 days' wdtten notice to Owner if AFN Cable is unable to continue the distribution of the service due to any governmental law, rule, regulation, judgement of any court, contract with a third party, force majeure or any other reason beyond the reasonable control of AFN Cable, or if the franchise is assigned, terminated, surrendered or revoked for any reason. 6. Notice. Any notices pursuant to this agreement will be validly given or served if in writing and sent by registered or certified mail, postage prepaid, to the following addresses: If to AFN Cable: Ashland Fiber Network, 90 North Mountain Avenue, Ashland, Oregon 97520. If to Owner then to the address listed above for Owner. Or to such other addresses as either party may designate to the other in writing. Delivery of any notice is deemed to be effective on the date set forth on the receipt of registered or certified mail. 7. Miscellaneous. 7.1 . Service Interruption. In the event that, dudng the term of this agreement, service is interrupted or discontinued because of some occurrence beyond the reasonable control of AFN Cable, such discontinuance or interruption will not be considered a breach of this agreement. 7.2 . Franchise Obligations. The parties acknowledge that AFN Cable is subject to the provision s of the franchise and to the provisions of applicable federal and state laws and regulations. Any duty or promise of AFN Cable under this agreement, which conflicts with any provision of the franchise, or with applicable federal or state laws or regulations, is to that extent void. Owner: Title: AFN Cable: Title: Finance hland 2- Bulk Billing Agreement H:\Bulk General File\Palm Motel Nolte Contract,doc