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Time Warner/Vista Dunes 07WHEN RECORDED RETURN TO: Time Warner Entertainment -Advance /Newhouse Partnership, a New York general partnership, through its San Diego Division, doing business as Time Warner Cable 75-181 Mediterranean Palm Desert, CA 92211 DOC # 2007-0054456 01/24/2007 08:00A Fee:19.00 Page i of 5 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder 1111111111111111111IIIIIII111111l II1111111111111 S I R I U I PAGE I SIZE I DA I MISC I LONG I RFD I COPY I M I A I L I 465 I 426 I PCORI NCORI SMF I NCHG CABLE SERVICE LICENSE AGREEMENT In consideration of the sum of ten dollars ($10.00) and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the undersigned City of La Quinta, Redevelopment Agency, (the "GRANTOR") does hereby grant to Time Warner Entertainment-Advance/Newhouse Partnership, a New York general partnership, through its San Diego Division, doing business as Time Warner Cable, its successors, assigns, lessees, and licensees (the "COMPANY"), for the purposes of transmitting and delivering television and broadband communications services, an irrevocable license during the term of the Cable Television Installation and Service Agreement dated La Quinta, and any extensions or renewals thereof, privilege and licenses (the "Licenses") from time to time to: A. Construct overhead and/or underground plant; B. Operate, maintain, repair, replace, expand, remove, relocate such plant; and C. Place within said Licenses amplifiers, attachment equipment, cables, wiring, pedestals, accessories, appurtenances and related equipment (hereinafter referred to as "Equipment") used in connection with such plant and distribution of television and broadband communications services. The Equipment shall be located on that real property and improvements of GRANTOR as those premises are more fully detailed, with legal descriptions, in Schedule 1, which is attached and incorporated here by this reference (the "Premises"). The Licenses shall extend to all public utility rights -of -way and public easements located within the Premises and to all chases, raceways and conduits within the Premises. The Licenses shall further include access rights to the Premises and public easement areas, including the rights of ingress and egress. GRANTOR further grants COMPANY the exclusive right to use said dedicated Licenses, chases, raceways and conduits for the purpose of providing cable television and broadband services. The Equipment is and shall remain COMPANY's property. 2s C 2 P.WmmvcW Dn- DsrtlCwnm®1 DneMgnrm Dimdo„1TmPWuVvnil ma kmca�mnq PrwertyE Imrve Lxm�e SMll Ex.doc COMPANY shall exercise its rights in a manner so as to cause as little disturbance and inconvenience to said GRANTOR as is practical. Said public easements and rights -of -way include the right to trim at COMPANY's expense any trees or shrubbery which may hereafter interfere with the operation and/or maintenance of the Facilities as long as said trees or shrubbery are located on or over the above described portion of the Premises. The Equipment shall be located so as to not interfere with the GRANTOR's ingress to and egress from Premises and GRANTOR may use the rights -of -way and licenses for purposes not inconsistent with the COMPANY's full enjoyment of the rights herein granted. GRANTOR agrees that for any period during which the COMPANY shall maintain Facilities in any portion of said rights -of -way or Licenses, and in order to preserve the aesthetic value of the Premises, that no outdoor television antennas, satellite receive facilities (e.g. fixed earth stations or dishes) or microwave receivers (e.g. Multipoint Distribution System) shall be placed on the Premises by GRANTOR without COMPANY's prior written consent. This Agreement shall run with the land of the Premises and shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. If any paragraph, sentence, clause, phrase or portion of this Agreement is for any reason held invalid or unenforceable by any Federal or State court or administrative or governmental agency of competent jurisdiction, specifically including the Federal Communications Commission, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof. Signed, sealed and acknowledged in the presence of: GRANTOR: City of La Quinta, RedeveI pment Agency By: � -.L'�C.��viLe Signature Name: Title: 6Zfc -77. 11 s2Lc�?i�L Date: i28xo ,�, PAComma I De Pah DBNmcommerdW Devawpmem DlreaoMTemnIaW&Vn a enoa 6 SaMulWntllne�00 kMV Dunes C uM1yaW Hemes.e SCHEDULEI Legal description of Tract #23268 known as Vista Dunes Courtyard Homes located at Miles Ave and Adams Street: The bearings shown herein are based on the centerline of North Harland Drive as shown on map recorded in Book 213, pages 67-73 of Tract maps, official records of Riverside being North 00"14'56" West, portion of SE quarter of NE quarter section 19, T.6 S., R 7E S.B.M. Assessor's Parcel Number: 604-032-022-3 In the City of La Quinta, County of Riverside, California p.Comme,tltl Ds-pahn Dewt`Ganmortiel D WpmeM Di Tempja &a WWe a SeMwW WM gV2 Vlsw Dunn CaurtyW Homee.eoo State of California ) County of Riverside ) On before Date Title of Officer - erg., 'lane Doe, Notary Public" iC, personally appeared �6�7ei e-z/ ,e_ personally known to me or Name(s) of Signer(s) known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/am subscribed to the within instrument and acknowledged to me that he/sh*4tey executed the same in his/4eddwir authorized capacity(ies), and that by his/her#keir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal,($EAL REGENIA HE, 1� -, Comrnlon 1 } Notary PubYci ..:CaNloi►tka'' RNerskie �oftnt�"t •' • Signature of Notary 'Mycomm.Ete5S6ti .e I1111111111111111111111111111111111111111111111111111111111111111111111 OPTIONAL ._ Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. _® CAPACITY CLAIMED BY SIGNER: ❑ INDIVIDUAL(S) ❑ PARTNER(S) m ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) aN m mm ❑ SUBSCRIBING WITNESS ❑ OTHER: "m m� m a ❑ GUARDIAN/CONSERVATOR ❑ CORPORATION OFFICER(S): This Instrument Prepared by and Shall Be Returned to: Time Warner Cable, 75-181 Mediterranean, Palm Desert, CA 92211 PXcmmemW Ne Pa D OrW mmm Dew Pp tDeect Wempl slns ]l & ServkeWemlNp�W" Dums CcunYW Hams LARRY W. WARD Recorder P.O. Box 751 4 COUNTY OF RIVERSIDE Riverside, CA 92502-0751 ASSESSOR -COUNTY CLERK -RECORDER (951)486-7000 vvww.riversideacr com NOTARY CLARITY Under the provisions of Government Code 27361.7, 1 certify under the penalty of perjury that the notary seal on the document to which this statement is attached reads as follows: Name of Notary: Commission #: Place of Execution: Date Commission Expires: ( Adopi— 0-�) 1 C3 j Date: Signature: Print Name: ACR 186P-AS4RE0 (Rev 09/2006) Available in Alternate Formats I IIIIII IIIIIII IIIII IIIII III IIIII IIIIIII III IIIII IIII IIII 812005 of 5sea