Time Warner/Right of Entry SilverRock 06
TIME WARNER Rl~
1aI002
TIME WARNER CABLE
RIGHT OF ENTRY AGREEMENT
Thi~ Agreement is entered into as of the 23l'd day of~ 2006, by and between Titne Warner Cable Inc. through its Sa.n
Diego Division. doing business as Time Warner Cable. 41-725 Cook St., Palm Desert CA 92211 (hereinafter referred to
as Cable Company). which is in the' business dffumishing cable television and other en~inmen11 data and
telecommunication services (Services) to certain communities in the State of California, and
City of La Oointa RcdevelQP.ment Agency - SilverRock Resort Whose address is 78495 calle Tamp~o La
Quints. California i2253 (hereinafter referred to as Owner), with respect to the foUowing facts:
1. For good and valuable consideration, the receipt of which is h~reby acknowJedged, Owner hereby
grants to Cable Company the right of access to the property and the right to ins~ opcrat~ .repa.ic. and maintain its
'telecommunications faoilities as reasonably nc;cessary to provide its Services to the tenants of the property (hereinafter
referred to as the "System") which is located at: 8Jw Comer Avenue 52'& Jefferson La Quints. Californla,92253 .
hereinafter referred to as the (the "FaciJiti')
2. - Owner shall p.rovide without charge fu the Cable Company adequate space atld right-of-acooss for the
purpose~ contemplated herein, including ingress, egress, installation, operation, maintenance, inspeCtion, replacement,
improvement, remova.l. sales and disconnection of tbe System. '
3. Cable Company shall install. own, and maintain the Systelll' in the Facility at,its own expense. All
telecommunication facilities instal1ed by Cable Company On the property or the ground up to the e~erior walls of each
building shall remain the property ofCabJo Company and may be removed by Cable Company upon termination of this
Agreement. All equipment shall be installed in accordance with good engineering praotices and at locations mutually
agreed to by both companies
, 4. Cable Company agrees to consult with the Owner on the cons:truction plans before installation.
Owner agrees to give Cable Company written 'approval of such plans which will not be unreasonably withheld or delayed.
Neither Owner nor anyone acting by or under the authority of Owner shall tamper with. make alterations to, or remove,
or knowingly permit anyone not authorized by Cable Company to tamper with, make alterations to, or remove, aUy
equipment used in connection with the System except with the prior consent of Cable Company. Cable Company shall be
responsible for any or a11.damagcs directly caused by its workmanship, and/or direct damages caused d1,lring installation
or removal except for the insertion offasteners tbrough the surface ofwaUs for a.ttaohment ofpenpheral equipment or the
boring of boles which is a part of the normal worknlanshi.p and which shall not be construed as damages. Cable
Company agrees to defend and indemnify and hold Owner,harmless from any and a:!l fines, penalties, claims, costs,
expenses a.nd damages arising out of or resulting from Cable Company's performance of any work, maintenance, and
operation of its System, breach of this Agreement, negligence, violation of any applicable federal. state or local law or
regulation and as a result ofCabJe Company's workmanship, except any damage arising from any negligellt act or
omission by Owner. '
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TIME WARNER
5. This Agreement shall remain in full force and effect for Five years from the date first written above and shall be
renewed automatically for successive Five year periOds thereafter unless terminated by Cable Company or Owner by 60 ,
day written notice delivered to the other party, provided however that no such extension shall create a term bey~nd that
permitted by applicable law, nor suspend the POWeI' of absolute alienation beyond that permitted by Jaw, nor cause a.
remoteness in vesting to a 'time not permitted by la.w.
6. Owner agrees that all rights and oblig3.tions of Cable Co~paDy' under this Agreeincnt or in tho System
may be. in whole or in part, freely assignedt sublicensed. sublet or otherwise tra.nsferred by Cable Company. This
Agreement shall accrue to the benefit of and be binding upon Cable Company and its successors, assigns. transferees,
sublicensees and sub lessees, and upon Ownc;r and Owner's successors, executors, lteirs, administrators, aSsigns.
transferees, and sublicensees.
7. No agency, employment agreement, joint venturct or partnership is created between the parties by this
Agreemcnt and neither party shall be deemed to be an agent of the other nor shall either party have the right, power or
authority to act for the other in any manner or to create any obligations. contracts, or debts binding upon the other party.
This Agreement states the entire Agreement between the parties. and supersedes all previous Agreements concerning the
subject matter hereof, if any, between the parties. This Agreement may be amended, changed or modified only by written
Agreement executed by the parties hereto. No waiver or any portion of this Agreement shall be valid unless in writing
and signed by the pany cbarged therewith. This Agreement shall be governed by and construed in accordance with the
laws of the State of California. '
IN WTINESS WHEREOF, the parties have executed this Agre<:lment as of the date first written above.
Cable Company:
TIME WARNER CABLE INC.,
through its San Diego Division,
doing business as ~'" Cable
By: /... ~ '/. ,
Cy~~r
Vice President Commercial Services
Date: / 6 . f G . 0 b
Owner:
-rkoW\t:l"s r b~r\.t)l/e.s.e I E:.~e.C-l.L..J..1 '\JL:Di n~~..--,) La Q~V\4-c.. Ke.clelleJopwae."...:l- ~e.n.~t
NameofQwner /J ~_
~~~~/~~L
Signature ofOwncr or Owner's representative
Date
~ h 2..-/0 ~
,
Return Addtess: fb ~ l5b~
La ~~ V\+a} OA- qa~t.{.7 - IStJ4-
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