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06-03-98 09:19 From-KENNEDY & GRAVEN +6123379310 T-282 P.03/07 F-116 Notice to the City must be mailed to: City of Mounds View City Cleric 2401 Highway 10 Mounds View,MN 55112-1499 1.10. Public Way. A street,alley,or other public right-of-way within the City. 1.11. Pubhc Ground Land owned or otherwise colied by the City for park,open space or similar Pubes PoPose. SECTION 2. FRANCHISE. 2.1. Grant of Franchise. The City hereby grants to the Company,until(concurrent with expiration date of NSP gas franchise),the right to upon,manufacture,ttanspot,distribute and sell gas for public and private use in the City. This right includes the provision of Gas that is 0)manufacaued by the Company or its affiliates and delivered by the Company, (ii)purchased and delivered by die Company or (iii) purchased from another sots by the retail customer and delivered by the Company. For these purposes,the Company may 0311SMICL operate,repair and maintain Gas Facilities in,on,over,under and across the Public Way and Public Ground of the City,subject to further er provisions of this sed nance,zoning ordinances,or other applicable ordinance.,,including Permit pis,as they may be enacted or amended from time to time. 2.2 at_Nie Date_Written Aso •r . This franchise shall be in throe and effect from and after its passage and publication as requited by law,and its acceptance by the Company in writing filed with the City Clerk within 60 days after publication. 2.3. Nonexclusive Franchise. This is not an exclusive franchise. 2.4. paradnn; Publication Expense. The expense of _ publication of this ordinance gha11 be paid by rhe Company. 2.5. Default. lithe Company is in default in the performance of any material pats of this franchise for rote than 60 days,unless weather conditions or remedial efforts warrant a longer time,after receiving Notice from the City of such default, dr City Council may, by ordinance, terminate all rights granted hereunder to the Company.The Notice of r ef1nlr shall be in writing and shall specify the provisions of this franchise under which the default is claimed and state the basis therefor Such Notice shall be served on the Company by Personally delivering the Notice to an officer trieteot at its p incipal place of business in Minnesota, 2.6. Notice and Cure, It the Company is in default as to any par;of this franchise,the City may,atter Notice to the Company and the failure of the Company to cure the default within a reasonable time,take such action as may be necessary to abate thie condition unused by the default, Company agrees to reimburse the City for all its reasonable costs incurred in connection with the default. 2.7. Contest of Default. If the City or Company asserts that the other party is in default in the performance of any obligation hereunder, the ceanplainuhg party must notify the other party in writing of the default acid the desired remedy. Representatives of the potties must promptly mess and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within thirty(30)days after service of the nonce, the parties may jointly select a mediator to facilitate further discussion. The part's will share the fees and expenses JMS•162951 MU210-14