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� RIGHT OF ENTRY AGREEMENT
TCI CABLEVISION OF WASHINGTON, INC.
15241 Pacific Highway South
Seattle, Washington 98118
� ATTN: Commercial Accounts
PROPERTY OWNER PROPERTY
Name: CITY OF RENTON Complex Name: RENTON SENIOR
DEPT. OF PARKS AND RECREATION HOUSING, BOND ISSUE PROJECT
Address: MUNICIPAL BLDG,200 MILLS AVE S Address: 3150 NE 16TH ST
City, State, Zip: RENTON,WA 98055 City, State, Zip: RENTON,WA. 98056
Contact Person: VINCENT C. LEE Contact Person: CARIE EDWARDS
Telephone: 277-5527 Telephone: 272-3300
Authorized Agent: JOHN E. WEBLEY
This Agreement entered into this 15TH day of NOVEMBER, 1991 , by and between
TCI CABLEVISION OF WASHINGTON, INC. ( "COMPANY" ) , and CITY OF RENTON DEPT.
OF PARKS AND RECREATION ( "OWNER" ) located at MUNICIPAL BLDG,200 MILLS AVE S
, RENTON, WA 98055.
In consideration of the mutual covenants, benefits and promises set out
herein , the pyrties mutually agree as follows:
1 . OWNER hereby grants to COMPANY exclusive rights to construct, install ,
own , operate and maintain equipment necessary to provide cable television
service ( "SYSTEM" ) , upon the property and within the building (s) consisting
of 98 units located at 3150 NE 16TH ST in the city of RENTON, and the
county of King , in the state of Washington (the"PROPERTY" ) .
2. Subject to the availability thereof pursuant to applicable programming
agreements, and the terms hereof , it is understood and agreed that the
programming services offered by COMPANY hereunder will be those generally
provided to the community. COMPANY reserves the right from time to time
and at any time to modify or change such programming.
3. OWNER shall provide, without charge to the COMPANY, adequate space and
electricity, and right of access for the construction ,
installation ,operations, maintenance and repair of the SYSTEM, and for
marketing , disconnecting and maintaining its service to residents of the
PROPERTY, including , if necessary, a key to any locked room or door that
contains the COMPANY 'S SYSTEM. Within the common area or areas within the
sole control of the City of Renton Housing Authority. _
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4. COMPANY shall construct , install , own and maintain the SYSTEM in the
� building (s) described above, in accordance with all applicable regulations
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and codes. All parts of the SYSTEM on the PROPERTY, regardless of whether
installed within or outside of building (s) and whether installed overhead ,
above, or underground , shall remain the personal property of COMPANY, and
shall not be considered a fixture to the real estate or fixtures of the
building (s) located thereon , nor shall any part of the SYSTEM be used at
any time by or for the benefit of any party other than the COMPANY.
5. COMPANY agrees to indemnify OWNER for any damage caused by COMPANY
arising from or relating to the construction , installation , operation or
removal of such facilities by COMPANY. COMPANY agrees to maintain public
liability insurance covering its activities on the property, in amounts of
not less than $500,000 for injury to any one person , $500,000 aggregate for
any single occurrence, and at lease $500,000 for property damage.
6. TYPE OF ACCOUNT. (Check one and have OWNER initial . )
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(X) INDIVIDUAL RATE ACCOUNT: _ ( Initials of OWNER) . OWNER agrees
that COMPANY shall have the right to market and contract with individual
residents of the PROPERTY for service, who shall be charged and billed
. individually for connection to the SYSTEM at the COMPANY 'S regular and
� current monthly service rates and connection charges applicable to the
� service ordered.
( > BULK RATE ACCOUNT: ________________ ( Initials of OWNER) OWNER agrees
to pay for cable television service provided to the PROPERTY by COMPANY ,
and further agrees to enter into and sign COMPANY 'S Bulk Rate Agreement.
OWNER shall be responsible for and shall pay a monthly service charge under
the conditions, rules and terms specified in the Bulk Rate Agreement.
7. By execu^ ion of the Agreement OWNER hereby grants COMPANY a Right of
Entry and Exclusive License over , across, along and under the PROPERTY for
the construction , installation , marketing , disconnecting , maintenance,
repair , and replacement of all parts of the SYSTEM to serve the PROPERTY
and/or adjoining properties. Installation of the COMPANY 'S cable shall be
accomplished in the common utility trenches provided by the OWNER for '
electrical and power.
8. OWNER agrees that resident managers will notify the COMPANY if and when
they become aware of any damages to the COMPANY 'S equipment including , but
not limited to, lock boxes, cable, vault and converters.
9. It is understood and agree d that COMPANY may a b an d on its f ac iliti es in
place and shall not be responsible for the removal thereof if such
abandoned facilities will not interfere with the use and occupancy of the
PROPERTY. The facilities will not be considered to be abandoned unless
written notice to the effect is given by COMPANY to OWNER.
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10. The term of this Agreement shall be for a period of fifteen ( 15) years,
� from the date first written above, renewable at the option of the COMPANY
� for an additional term of fifteen ( 15) years, however , the COMPANY may
terminate this Agreement with thirty (30) days notice to the OWNER if
COMPANY is unable to install or maintain the cable television system
because of any governmental law, rule or regulation or due to any other
cause beyond the reasonable control of the COMPANY. Should the OWNER elect
to subscribe to a Bulk Rate Account for a term to be less than full term of
this Agreement , upon expiration of the Bulk Rate Account term the OWNER may
opt to renew that Bulk Rate Agreement or revert to the individually billed
arrangement for the remainder of the term of this Agreement.
11 . This Agreement supersedes any and all other Right of Entry Agreements
between the parties, either oral or in writing , and replaces all other or
previous Right of Entry Agreements relating to the subject matter hereof
for the PROPERTY.
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12. The benefits and obligations of this Agreement shall be considered as a
covenant running with the land , and shall inure to the benefits of , and be
binding upon , the successors, assignees, heirs and personal
representatives of the OWNER and COMPANY. OWNER has stipulated that upon
completion of the complex this Agreement shall be assigned to the Renton
Housing Authority, who will operate and maintain the complex . OWNER or
Renton Housing Authority may not assign this Agreement to any other party
or parties without prior notice to the COMPANY and in no event unless the
assignee agrees in writing to be bound by the terms of this Agreement.
13. If legal action is necessary to enforce any provision of this
Agreement , the prevailing party in such action shall be entitled to
recover its costs and expenses of such action, including reasonable
attorney 's feys as determined pursuant to such action.
14. The undersigned OWNER or authorized agent hereby represents that he/she
is the OWNER of the PROPERTY, or the authorized agent of the OWNER, with
full authority to bind the OWNER to the terms and conditions of this .
Agreement.
OWNER: COMPANY:
TCI CABLEVISION OF WASHINGTON, INC.
BY: B
Signa
� Dina L.
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John E. Webley -E Sts Mana ger erAl
Community Services Administrator
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Date r�ry Marshall
Vice President/COO
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Approve DEC � � 1��� _
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___________________________
Date
__ _______ ________
Law�ence J. War,=. , City Attorney
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NOTARIZATION OF OWNER/AUTHORIZED AGENT SIGNATURE
STATE OF WASHINGTON )
) SS
COUNTY OF KING )
� On this /jAgy day of , 194?/ , before me, a Notary P i
in and for the State of Washington , personally appeared o me
known to be the individual described in and who exec��ed the with�n and
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foregoing instrument , and acknowledged the he/she signed , 'the same as
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� his/her free and voluntary act and deed for the uses and pu�poses therein
mentioned. '
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IN WITNESS WHEREOF, I have h official seal the day
� and year first above written
______________
� My Commission Expires:
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STATE O
« > SS
COUNTY OF K >
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On before me, a jotary Public in and for said State,
personally a d �� , known to me to
be the ' _____of the corporation that executed
the within 'Itisitrument , known to me to be the person who executed the
within Instrument on behalf of the corporation therein named as COMPANY and
acknowledged to me that such corporation executed the within Instrument
pursuant to its by-laws or a resolution of its board of directors.
WITNESS my hand and official seal . _______
�otary
My Commission Expires: _' _ �� z
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RENTON PARKS TEL No .2775523 Nov 15 ,91 10 -29 No .001 P .OS
SENIOR HOUSING PROJECT LOT NO. 1
LEGAL
_DESCRIPTION
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A parcel of land located in the southwest quarter of Section 4, Township 23 North,
Range 5 East, W.M., King County, Washington, being more particularly described
as follows:
Beginning at the center of said Section 4; thence South 01-16-00"West 1305.15';
thence North 88°-38'-42" West 187.58' to the true point of beginning; thence North
88c-38'-42"West 453.04'; thence North 01 05'-12" East 430.00; thence South 88--
38'-42" East 443.66'; thence South 00-09'46" East 430.14' to the true point of
beginning. i
To be known as Lot 1, City of Renton Short Plat #SHPL 020-91.
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