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<br />the disturbed area to a condition as good or better than the condition of the surface before work was <br />commenced. Grande will repair any settling or deterioration of the restored surface for a period of one <br />year after the completion of the work. Grande will fully comply with all regulations applicable to the <br />work, including but not limited to sawcutting, backfilling, compaction and paving standards. Grande will <br />replace or repair all privately and publicly owned property damaged as a result of the installation, <br />operation or maintenance of Grande's facilities. <br /> <br />F. Grande's use of City right-of-way will be subordinate to roadway, sidewalk and drainage uses. If the <br />City elects to install or alter the route, location, width or grade of any street, alley, sidewalk, drainage, <br />or related facility in a City right-of-way, Grande will remove, relay or relocate Grande's facilities that <br />are affected at Grande's expense upon reasonable notice by the City. The City will have the right to <br />require Grande to change the location of any of Grande's facilities at Grande's expense when the public <br />convenience requires the change, in the opinion of the City Manager. In the event a City right-of-way <br />is vacated or abandoned, Grande will remove all of its facilities from the right-of-way, and restore the <br />premises without delay or cost to the abutting owners or the City. If Grande refuses or fails to remove, <br />relay or relocate Grande's facilities after notice by the City, the City will have the right to remove, relay <br />or relocate Grande's facilities, and charge the costs to Grande, and any resulting interruptions in service <br />to any of Grande's customers will be the sole responsibility of Grande. Grande's failure to pay any such <br />costs to the City will constitute a default by Grande under this Agreement. Grande will hold the City <br />harmless for any damage to Grande's facilities located in City right-of-way in the event Grande's <br />facilities are damaged as a result of construction or maintenance operations performed on the City's <br />roadways, sidewalks or drainage facilities by the City or the City's agents, employees or contractors. <br /> <br />G. Grande's use of City right-of-way will be subordinate to use by City utilities. If the City elects to <br />install or alter the route, location or character of any City utility facility in a City right-of-way, Grande <br />will remove, relay or relocate Grande's facilities that are affected at Grande's expense upon reasonable <br />notice by the City. If Grande refuses or fails to remove, relay or relocate Grande's facilities after notice <br />by the City, the City will have the right to remove, relay or relocate Grande's facilities, and charge the <br />costs to Grande, and any resulting interruptions in service to any of Grande's customers will be the sole <br />responsibility of Grande. Grande's failure to pay any such costs to the City will constitute a default by <br />Grande under this Agreement. Grande will hold the City and the City's agents, employees and <br />contractors harmless for any damage to Grande's facilities located in City right-of-way in the event <br />Grande's facilities are damaged as a result of installation or maintenance operations performed on the <br />City's utilities by the City or the City's agents, employees or contractors. <br /> <br />H. Grande will provide as-built maps of all or part of Grande's facilities in hard copy and computer <br />form, compatible with the City's mapping systems, at the request of the City Manager. <br /> <br />I. Grande will comply with all City requirements, requirements of other governmental agencies, and <br />industry standards for locating existing utility facilities prior to performing any maintenance work on <br />Grande facilities that requires excavation. <br /> <br />J. Grande will temporarily raise or lower its wires and cables to permit the moving of buildings at the <br />request of any person holding a building moving permit issued by the City. Grande may charge to the <br />requesting person the reasonable expense of temporary removal, raising or lowering of wires and cables, <br />and Grande may require payment in advance. Grande may require that a request be made at least 48 <br />hours in advance. <br /> <br />K. Grande will have the authority to trim trees upon and overhanging streets, alleys, sidewalks and <br />public places of the City to prevent branches from coming in contact with Grande's facilities. All <br />trimming will be done in accordance with City requirements and at Grande's expense. <br /> <br />Section 9. Preferential or Discriminatory Practices Prohibited. <br /> <br />A. Grande will not grant any preference or advantage to any person, nor subject any person to any <br />prejudice or disadvantage as to rates, charges, service facilities, rules, regulations or other aspects of its <br />business practices. This does not prohibit Grande from establishing a graduated scale of charges and <br />classified rate schedules to which any customer coming within the classification would be entitled. <br />Grande will not deny access to cable service to any potential residential customer because of the income <br />of the customer or of residents of the area in which the customer is located. Grande will provide cable <br />service programming on an equal basis to all areas of the City. <br /> <br />C:\TEMP\Grande Franchise final. doc <br /> <br />6 <br />