ADELPHIA 2 - 2005 - Laserfiche WebLink

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easements, trenching, and construction of the conduits required to bring cable service to the new construction or development will be borne by the Grantee, the developer, or the property owner, as may be agreed upon between them. Grantee will be notified of any date on which the installation of conduit, pedestals, vaults, or laterals will be available for Grantee's inspection. (b) Antennas and Towers. Antenna supporting structures, including towers, that are owned by or operated for Grantee must comply with all applicable electrical codes and FCC specifications, and must be erected, illuminated, painted, and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration, as well as generally applicable local ordinances and regulations that require the Grantor's approval ofthe siting of towers or other support structures within the City. (c) Tree Trimming. Subject to the prior written approval of the Grantor's Director of Public Works, Grantee is authorized to trim trees on public property in order to install or to protect its facilities. All tree trimming will be conducted in compliance with applicable ordinances and City standards, and in a safe manner with due regard for the health of the trees involved. Grantee must exercise diligence to ensure that trees are trimmed in a minimal manner and to employ practices that cause minimum trauma to the trees being trimmed. All refuse attributable to tree trimming must be removed and disposed of by Grantee in an acceptable manner. (d) Mitigation of Adverse Visual Impacts. Grantee must take all reasonable measures, at its expense, to mitigate the adverse visual impacts of all above-ground equipment in accordance with the same standards and regulations that are imposed by the Grantor upon other franchised cable operators and upon public utilities. These measures may include, without limitation, (i) the installation of landscaping and barriers to minimize public view of above- surface ground-mounted equipment; (ii) the maintenance of the equipment in good condition, including compliance with Grantor's ordinances requiring graffiti removal; and (iii) the placement of overhead drops as close as possible to other utility drops, consistent with all applicable electrical codes. (e) Use of Chalk-Based Paints. Grantee must use only chalk-based paints to mark public rights-of-way in connection with the construction or maintenance of the cable television system. (f) Vehicle Access to Private Propertv. In no event may an owner's vehicle access to private property be precluded for more than three hours during any construction, operation, or maintenance of the Grantee's cable system. If such preclusion is reasonably anticipated, Grantee must give 24-hours prior written notice to the owner. (g) Location of Utilities. Grantee must verify the location of all existing utilities to ensure that they are not damaged during construction or maintenance of the cable system. Grantee must be a member of and comply with the procedures of the Underground Service Alert and must contact that entity 48 hours in advance of any underground construction in order to ensure that utilities are not damaged. If Grantee fails to comply with applicable law then, as between the Grantor and the Grantee, the Grantee is solely responsible for the 12097 -0002\6806 72v 19 .doc -23- City of Santa Ana EXECUTION COPY 4/07/05