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STORER CABLE COMMUNICATIONS
CABLE TELEVISION CONSTRUCTION
AGREEMENT
MADE THIS 10TH DAY OF May, 1985, by and between MESA
COMMUNITY TELEVISION, INC., dba STORER CABLE COMMUNICATIONS, 160 S.
McDonald, Mesa, Arizona, 85202 ("COMPANY") and, THE VISTA
CONSTRUCTION CORPORATION ("OWNER").
- Definitions:
- Franchise
– the right granted to the Company by the State of
Arizona, the County of Maricopa, and the City of Mesa to construct and
operate a broadband telecommunications network along the streets,
rights-of-way, and other public areas of MESA.
- Cable Television System
– A coaxial cable facility used to
operate a broadband telecommunications network.
- Resident
– Occupants of a residential dwelling unit.
- Resident dwelling unit –
Any apartments, condominium,
planned-use development, mobile home, or similar multiple dwelling Unit.
- Purpose and Term of the Agreement
– Company agrees to provide
cable television service in the residential dwelling units owned by
Owner for the term of this Agreement. This Agreement shall be effective
upon its execution of the parties and shall reaming in effect during the
term of the franchise or any renewal thereof.
- Schedules
: Addendums, schedules or exhibits, if any, attached
hereto are expressly incorporated herein and made a part hereof.
- Premises
: Owner hold title to that certain real property,
consisting of 34 residential dwelling units located in LOMA
VISTA ESTATES, at the address commonly know as 1229 N. Alma
School Road, Mesa, AZ 85201, and legally described as follows: (Legal
description attached as EXHIBIT "A".)
Access and Ownership: All of
the equipment installed or supplied by the Company is and shall at all
times remain the property of the Company. Owner grants to the Company
the right to enter upon the premises to install, maintain, inspect,
repair, and remove the equipment at reasonable times and to do all other
things necessary to insure its continued operation. Upon termination of
service to any residential dwelling unit or upon termination of this
Agreement for any reason whatsoever, Company shall have the right to
enter the premises and remove its equipment. Company agrees to restore
the property to its original condition, ordinary wear and tear excepted.
Installation: Company will exercise due care in the installation
and maintenance of the system and agrees to perform all work in
accordance with good engineering practices. Owner will prewire at its
sole cost one (1) outlet per living unit. Company will sell cable for
the prewiring to the Owner. If Company does not have cable to sell,
Owner may purchase cable elsewhere, provided it meets Company’s
specifications.
Open Trench: Owner will provide all trenching and backfill
necessary for installation of the Company’s facilities. Owner will
give Company ten (10) working days notice of open trench in order that
the Company can schedule the necessary crews for installation.
Additional Services: If Owner requests services or installations
other than those specified in this Agreement and Company is desirous and
capable of providing such services, such additional services or
installations shall be furnished at a reasonable charge to be determined
by the Company.
Interference: Owner shall not knowingly use any equipment that
causes frequency interference or is otherwise incompatible with the
Company’s equipment, except in the course of necessary repairs or
alterations and after reasonable notice to Company. Owner will not
connect or attach, directly or indirectly, any additional television
sets or other devices to Company’s equipment, nor will Own
Insurance: Company agrees to maintain adequate public liability
and property damage insurance to protect Owner against loss or damage
resulting from the installation or maintenance of the system.
Indemnification: Company agrees to indemnify and hold Owner
harmless and defend Owner from and against all claims, suits,
proceedings at law or in equity, and any and all other claims,
liabilities, loss, cost damage or expense, including reasonable
attorney’s fees arising out of or in connection with any claim
resulting from the negligent acts of Company’s employees or agents in
the conduct of Company’s business, insofar as it affects Owner’s
business.
No Agency: It is expressly understood that Company is an
independent business organization and in no way associated with Owner
and has no Authority to act for or on behalf of Owner or to bind Owner
to any contract or in any other manner to represent that it has any of
the foregoing authority without the express written approval of Owner.
It is further understood that Owner is an independent business
organization in no way associated with Company and has no authority to
act for or on behalf of Company or to bind Company to any contract or in
any other manner to represent that it has any of the foregoing authority
without the express written approval of Company.
Successors and Assigns: this Agreement shall be binding upon and
shall inure to the benefit of Company and Owner and their respective
transferees, successors and assigns.
Acts of God: Company shall not be responsible for damages by
reason of failure to transmit audio, video, or data signals or deliver
its signals at points of interconnect, nor for failure to otherwise meat
material obligations under this Agreement, where such failure is the
result of any labor dispute, war, riot, insurrection, vandalism, nor for
failure to otherwise meet material obligations under this agreement,
where such failure is the result of any labor dispute, war, riot,
insurrection, vandalism, civil commotion, fire, flood, accident, storm,
or any Act of God or any other material cause beyond the control of
Company, including loss of the right to use utility poles or other
easements.
Governmental Rules; This agreement shall be governed by the
State of Arizona.
Amendments: This instrument may not be amended orally but only
by an instrument in writing signed by the parties. This Agreement
contains the entire understanding of the parties and supercedes any
other Agreements or understandings, oral or written made by the parties.
Disputes: If any action at law or in equity is necessary to
enforce or interpret the terms of this Agreement, the prevailing party
shall be entitled to reasonable attorney’s fees, costs and necessary
disbursements in addition to any other relief to which said party may be
entitled.
Owner shall give Company access to any unrented apartments on the
premises and shall make reasonable efforts to assist the Company in
obtaining consent to enter any occupied apartments on the premises in
order to install or recover equipment that is necessary to operate the
cable TV system.
Owner agrees to permit Company to market residents in person with
respect to the sale of any and all services provided by the Company
with advanced notification and scheduling coordination with on-site
management.
The attached Grant of cable Television Easement Agreement form is
hereby incorporated and made part of the Agreement.
IN WITNESS WHEREOF, the parties have entered into this Agreement the
day and year first written above.
By: (Original on file at the
principal office of the Association)
Donald K. Tinseth ,
Secretary-Treasurer
MESA COMMUNITY CABLE TELEVISION INC., dba
STORER CABLE COMMUNICATIONS.
By: (Original on file at the
principal office of the Association)
Title:
(LEGAL FORM APPROVED April 9, 1985)
# # # # # # # # # #
STORER CABLE COMMUNICATIONS, 85-221932
grant of cable television
easement agreement
WHEREAS, THE VISTA CONSTRUCTION CORPORATION, an Arizona
Corporation ("Grantor"), owning all those certain lands situated
in the County of MARICOPA, State of ARIZONA, and divided
into blocks, lots, streets, alleys, public utility easements, highways and
public places, all as described in and shown on Map or Plat titled "Tract
No. A, B, C", and recorded in Book 278 of Maps at page 32
inclusive, Records of said County, desires to make provisions for
television cable services by MESA COMMUNITY TELEVISION, INC., dba
STORER CABLE COMMUNICATIONS, ("Grantee").
NOW, THEREFORE, the Grantor, for good and valuable consideration, does
hereby grant to the Grantee, its successors and assigns, rights of way,
public and/or utility easements and free access for ingress and egress to
these premises and every part thereof at all times for the purposes of
installing, maintaining and operating its cable television system in the
area described as:
1220 N. Alma School Road .
(LEGAL DESCRIPTION: SEE ATTACHED DESCRIPTION)
Grantee will place its equipment for cable service in the described
fashion and location. Grantee agrees to install and maintain its equipment
in an orderly manner with as little inconvenience as possible. Any areas
disturbed will be restored to their initial condition, ordinary wear and
tear excepted.
Dated: May 10, 1985
by: (Original on file at the
principal office of the Association)
Donald K. Tinseth,
Secretary-Treasurer
STATE OF ARIZONA )
County of Maricopa ) s.s
SUBSCRIBED AND SWORN to before me this 10th day of
May, 1985, by Donald K. Tinseth.
(Original on file at the principal
office of the Association)
Jacquelyn Hayms, Notary Public
My commission expires September 29,
1988.
by: (Original on file at the
principal office of the Association)
Kathleen Murphy, Sales Manager
STATE OF ARIZONA )
County of Maricopa ) s.s
SUBSCRIBED AND SWORN to before me this 10th day of
May, 1985, by Kathleen Murphy.
(Original on file at the principal
office of the Association)
Marlene McIntosh, Notary Public
My commission expires January 24, 1988.
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