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Home My WebLink About1994 - Right of Entry Agreements - Birchcrest Apartments / TCI Cablevision - 94092103549409210354 Right of Entry Agreement Renewal TCI Cablevlsion of Washington, Inc. RETURN TO: 15241 Pacific Highway South Seattle, Wa. 98I88 PROPERTY OWNER Name: BIRCHCREST APARTMENTS Address: P.O. BOX 925 City: EDMONDS, WA 98020 Contact Person: Telephone: PROPERTY Name: BIRCH CRESTAPTS Address: 4030 S 140TH ST City: SEATTLE, WA 98168 Contact Person: Telephone: TCI CABLEVISION OF WASHINGTON 2233 112Th AVE. N.E. BELLEVUE. WA 98004 (206) 462.2863 This Agreerent entered into this / day of ,,,o Y", 1994, by and between TCI Cablevlsion of Washington, t� Inc. nc. ( "C'i31R , and BIRCHCREST APARTMENTS ( "OWNER ") located at P.O. BOX 925, ED ONDS, WA 98020. In consideration of the mutual covenants, benefits and promises set out herein, the parties mutually agree as follows: 1. OWNER hereby grants to COMPANY the right to construct, install, own, upgrade, operate and maintain equipment necessary to provide cable television service 4SYSTEM "), upon the pproperty and within the building(s) consisting of 37 units located at 030 S 140TH ST in the city of SEATTLE, 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 semces 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, instailation,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. 4. COMPANY shall construct, upgrade, install, own and maintain the SYSTEM in the building(s) described above, in accordance with all applicable regulations 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, and shall remain the personal property of the 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 5500,000 for injury to any one person, 5500,000 aggregate for any single occurrence, and at least 5500,000 for property damage. ; • 6. TYPE bF ACCOUNT. INDIVIDUAL RATE ACCOUNT: (Initials of OWNER). OWNER agrees that COMPANY shall have the right to mar Tet 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 mnnthly service rates, including applicable taxes and connection charges applicable to the service ordered. 7. By execution of the Agreement OWNER hereby grants COMPANY a Right of Entry and Easement 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. 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 agreed that COMPANY may abandon its facilities 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. 10. The term of this Agreement shall be for a period of 15 years, from the date first written above, renewable upon mutual agreement between COMPANY and OWNER for an additional term of 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 d, elect to subscribe to a Bulk Rate Account for a term to be less than full tens of this t�Agreement, upon termination or expiration of the Bulk Rate Agreement terra the OWNER may renew that said Bulk Rate Agreement or convert to the individually billed p rate account(s) for the remainder of the term of this Agreement as outlined in section six v4(6), paragraph one (1) herein. C7) 11. This Atghreement supercedes any and all other Right of Entry pAgreements between the and Gil parties, relating o the subject ,mater hereof for other or ous Right of Entry 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 agreees to disclose said agreement to any subsequent OWNER of the property. 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 fees 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. 15. The OWNER shall not use nor permit the use of the COMPANY'S SYSTEM installed by the COMPANY or its agents, or any part of such SYSTEM for any purpose other than the transmission of the COMPANY signal. In particular, but without limitation, the COMPANY'S SYSTEM shall not carry signals from or become attached to a master antenna, individual outdoor antennas, antennas for reception of signals from satellites, other cable systems or operators, or any other means of providing television signal. • • 16. The OWNER agrees that the Services provided herein are for the private viewing only of its tenants, homeowners, occupants and residents. 17. The OWNER understands that the Agreement is not binding upon the COMPANY until signed by an officer of the COMPANY. OWNER: BIRCHCREST APARTMENTS 9409210354 Its: Date: atD e ate COMPANY: TCI Cablcvision of Washington, Inc. Its: State Vice President NOTARIZATION OF OWNER /AUTHORIZED AGENT SIGNATURE STATE OF WASHINGTON / SS COUNTY OF 5;110, ?0%r /// On this /9 day of , 1994, before me a Notary Public in the State of Washington, persona y appca 6 e.t jt L &),ae e4/ to me known to be the individual described in and who execute the within and foregoing Instrument, and acknowledged that he /shtrsigned the same as his/her-free and voluntary act and deed for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my band and offical seal the day and year *PUUC2AJ.B'KER hove �written. \P „�; B r''r j �,O.AFY• \9 r 1 , .,, ,, 1 �r yf'.1.,, t -9 = ti° ' I1 OF WASN�\- My commission Expires: STATE OF WASHINGTON ) SS COUNTY OF KING On August 2, 1994, before me, n Notary Public in and for said State, personally appeared Dan McCarty, known to me to be the Vice President of the corporation that executed the within Instrument, known to me to be the person who executed the within lnstument 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. WTI'NESS my hand and official seal. iifL siii. y K. ' 'th, No : Public In and for the State of Washington Rcsiding at: Kent, WA My Commission Expires: June 20, 1998 i