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2001-2223728 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Daniels Cablevision, Inc. ATTN: Corporate Contracts 5720 El Camino Real Carlsbad, CA 92008 DOCUMENTARY TRANSFER TAX $ - 0 - Daniels Cablevision, Inc. gQ BY: av�) DOC # 2001 ®0222372 9207 APR 11v 2001 :49 PM OFFICIAL REMRDS SAN DIE00 COUNTY RECORDER'S OFFICE GRE00RY J. SNITH� COUNTY RECOOM FEES: 35.00 WAY: 2 FOR COUNTY USE ONLY CABLE TELEVISION CONSTRUCTION WIRING AGREEMENT AND EASEMENT THIS AGREEMENT is made and entered into as of %7 /'%o2 ©d by and between DANIELS CABLEVISION, INC., a Delaware Corporation "Company ") and Adam's Run, ( "Owner "). L /Sr RECITALS The Company holds a Franchise permit or other authority for, and owns and operates a cable television system within the "Gifu" of Encinitas , and Owner owns the real property and improvements known as Adam's Run , consisting of 3 units and located at Fortuna Ranch Road and Adam's Run Road ( "Development "), the legal description of which is attached hereto as Exhibit "A" and incorporated herein by reference. WHEREAS, Owner desires to have cable television service available at the dwelling units of the Development and Company desires to provide such services to the dwelling units. NOW, THEREFORE, in consideration of the mutual covenants, conditions, and agreements contained herein, and for other valuable consideration, the parties agree as follows: 1. INSTALLATION. The Company agrees to install in the utility trenches or other areas as required by system design, all facilities, excepting interior wiring, necessary to transmit television signals to and within all the dwelling units within the Development. The installation will include but not be limited to, cable and amplifiers, line splitting devices, conduit, amplifier housing and all facilities related thereto (the "Facilities "). Company agrees to install both 1" and 2" conduits as specified on design. As soon as possible, Owner shall provide to Company a legible set of plans for gas and electricity facilities at dci.009 .agr the Development. Owner agrees to provide all utility trenches and backfilling of said trenches at no cost to the Company. When Owner places utility trenches at street crossings prior to performing trenching on other portions of the Development, Company shall provide Owner with materials only and Owner shall place them at the street crossings. Owner shall provide to Company at least two (2) business days' notice of utility trench opening. In the event Owner requests that Company replace or relocate existing facilities at the Development, Owner shall reimburse Company for all costs for the replacement, undergrounding or relocation. 2. PREWIRING. When the dwelling units being constructed by the Owner reach the stage where electrical wiring is necessary, the Owner agrees to prewire each dwelling unit to all Company specifications, including, but not limited to, cable, wall plates and all prewire materials. Owner shall provide to Company a list of dwelling unit addresses when it becomes available. 3. GRANT OF EASEMENT. By execution of this Agreement, Owner hereby grants to Company and its successors and assigns an easement and right -of -way over, across, along and under the Development for the purpose of installing, constructing, reconstructing, repairing, replacing, operating, maintaining or removing Facilities. Company shall have the further right to enter upon the adjacent lands of the Owner for access to the right -of -way and for all purposes in connection with providing cable television service to the Development. The Owner represents and warrants that it is the Owner of the Development and has the right to grant easement. This easement shall inure to the benefit of and be binding upon the respective heirs, personal representatives, successors and assigns of the parties hereto, and shall remain in full force and effect so long as the right -of -way shall be utilized for the purposes for which this easement is granted. 4. OWNERSHIP OF THE FACILITIES. Title to all of the Facilities installed in the Development pursuant to this Agreement shall at all times be and remain vested in the Company. 5. SUPERVISION. Owner agrees to provide supervision over and coordination among the various contractors working in and about the Development in order to prevent damage to the Company's Facilities. Any expense to Company due to damage to Facilities caused by the Owner, its contractors, agents or subcontractors, will be billed to and promptly paid for by the Owner. 6. SERVICE. Company shall provide cable television service(s) to all dwelling units within the Development on such terms, prices and conditions as are customary in its franchise area. 7. AUTHORITY OF OWNER. The Owner warrants that it has title to the property on which the Development is located and is authorized to enter into this Agreement, or, if the execution of this Agreement is not by Owner, the signatory is the authorized agent of Owner. This Agreement constitutes the legal, valid and binding obligation of Owner. 8. INDEMNIFICATION. Company shall hold harmless and indemnify Owner and its principals, partners, affiliates, officers, directors, agents, employees, members, managers and supervisors from and against any and all damage or claims for damage asserted by reason of Company's installation and maintenance of the equipment in the Development (except loss or damage arising from any dd.009 .a9r 2 9209 negligent or willful act or omission of Owner, its agents, employees or contractors) or the material breach of any representation, warranty or covenant made by Company in this Agreement. Owner shall hold harmless and indemnify Company and its principals, partners, affiliates, officers, directors, agents, employees and successors from and against any and all damage or claims for damage that may be asserted by reason of the ownership, use or occupancy of the Development by Owner, its agents, employees or contractors (except loss or damage arising from any negligent or willful act or omission of Company, its agents, employees or contractors) or the material breach of any representation, warranty or covenant made by Owner. 9. COSTS INCURRED TO ENFORCE AGREEMENT PROVISIONS. If either party is obligated to incur costs in order to enforce any provisions of this Agreement, the prevailing party shall be entitled to reimbursement for all reasonable costs so incurred, including reasonable attorneys' fees and costs. 10. FUTURE DEVELOPMENT. Owner agrees to give the Company reasonable advance written notice of its intention to undertake any new development in the vicinity of the Development. 11. TERM. The term of this Agreement shall commence on the date entered above and continue in effect consistent with the term of the Franchise and /or any renewals and extensions thereof. 12. NOTICES AND PAYMENTS. Any notices or other communications provided for herein shall be delivered at the addresses set forth below or at any other address which may be specified in writing by the parties hereto. 13. GOVERNING LAW. This Agreement is governed by and shall be construed in accordance with the laws of the State of California. 14. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding between the parties and contains all the covenants made between the parties with respect to the subject matter hereof. This Agreement supersedes any and all other agreements by either party, either oral or in writing, with respect to the subject matter hereof. 15. AMENDMENTS. This Agreement may be amended, changed or modified only by written amendment executed by the parties hereto. 16. ASSIGNMENT. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and heirs of the parties hereto. dci.009 .agr 3 9210 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. ANY: DANIELS CABLEVISION, INC. DRESS: 5720 El Camino Real Carlsbad, CA 92008 ADDRESS: P.O. Box 270649 San Diego, CA 92198 dci.009 .agr 4 9211 EXHIBIT A Attached to and Forming a Part of the Cable Television Construction Wiring Agreement and Easement dated between DANIELS CABLEVISION, INC., as Company and Adam's Run , as Owner AE LEGAL DESCRIPTION N£ Nh X11 r A dd.009 .agr 5 •� � sz1z State of �al,��rn�c . County of Scan nigo On 3 -I q - 2 oo i before me, Tu1,A A ll-i l-w- date Name, Title of Officer personally appeared John r S.1 eiPr o� Name of Signer(s) impersonally known to me - OR - _proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /afe subscribed to the within instrument and acknowledged to me that he /&heAhey executed the same in his /hefAheir authorized capacity(ies), and that by his /her/thet signature(2r) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. State of ( & / /41� �� County of ( 41& y WITNESS my hand and official seal. On 0dha c2W before me, �� s� `7z� o 4c e�G to Name. Title of Dffic� ;erson` ers a ly appeared Can c �lci/Yt Name of Signer(s) rsonally known to me - OR - _ proved to me on the jasis of catisfactogLevidence�to be the q whose name kis/are subscribed to the within instrument and acknowledged to me that he�/she/t y executed the same in I(is /he eir authorized capacif�(ies� and that by /her/ eir signature the instrument the person or the entity upon behalf of which the person( cte executed the instrument. !OM dc.00s .agr 6 LEGAL DESCRIPTION ORDER NO. 1175446 -22 9213 THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCELI: THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY. EXCEPTING THEREFROM ANY VEINS OR LODES, OF QUARTZ, OR OTHER ROCK, IN PLACE BEARING GOLD, SILVER CINNABAR, LEAD, TIN, COPPER OR OTHER VALUABLE DEPOSITS WITHIN THE LAND ABOVE DESCRIBED, WHICH MAY HAVE BEEN DISCOVERED AS KNOWN TO EXIST ON OR PRIOR TO MARCH 9, 1925. PARCEL 2: AN EASEMENT FOR ROAD AND UTILITY PURPOSES AND APPURTENANCES THERETO, TO BE USED IN COMMON WITH OTHERS, OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 60.00 FEET IN WIDTH, LYING WITHIN SECTION 4, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, THE CENTER LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 4; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, NORTH 88 009'47" EAST, APPROXIMATELY 125.00 FEET TO THE CENTER LINE OF THAT CERTAIN 20.00 FOOT EASEMENT DESCRIBED IN PARCEL I IN DEED TO OLIVENHAIN MUNICIPAL WATER DISTRICT, RECORDED MAY 3, 1961 AS FILE NO. 76608 OF OFFICIAL RECORDS. PARCEL 3: AN EASEMENT FOR ROAD AND UTILITY PURPOSES AND APPURTENANCES THERETO, TO BE USED IN COMMON WITH OTHERS, OVER UNDER, ALONG AND ACROSS THE EASTERLY 30.00 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY. PARCEL4: AN EASEMENT FOR ROAD AND UTILITY PURPOSES AND APPURTENANCES THERETO, TO BE USED IN COMMON WITH OTHERS, OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 60.00 FEET IN WIDTH, LYING WITHIN SECTION 5, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, AND WITHIN LOT 16 OF THE SUBDIVISION OF RANCHO PAGE EXHIBIT A AM F!( " 214 ORDER NO. 1175446 -22 IIV42oi� LAS ENCINITAS, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NNE 27, 1898, ALL BEING IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND THE CENTER LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 16 AS SHOWN ON RECORD OF SURVEY MAP NO. 6085, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 14, 1962, BEING ALSO A POINT ON THE WESTERLY LINE OF SAID SECTION 5; THENCE ALONG SAID WESTERLY LINE SOUTH 03 °57'39" EAST, 1029.04 FEET TO A POINT HEREIN DESIGNATED AS POINT "A'; THENCE SOUTH 86 °00'00" WEST, 149.53 FEET TO THE CENTER LINE OF COUNTY ROAD SURVEY NO. 554 AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 6085 AND BEING THE TRUE POINT OF BEGINNING; THENCE RETRACING NORTH 86 000'00" EAST, 149.53 FEET TO SAID POINT "A" ON THE WESTERLY LINE OF SAID SECTION 5; THENCE NORTH 86 °00'00" EAST, 130.41 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38 017'20 ", A DISTANCE OF 132.70 FEET; THENCE TANGENT TO SAID CURVE NORTH 47 042'40" EAST, 408.43 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39 051'20" A DISTANCE OF 139.12 FEET; THENCE TANGENT TO SAID CURVE NORTH 87 034'00" EAST 254.13 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24 006'20" A DISTANCE OF 210.36 FEET; THENCE TANGENT TO SAID CURVE NORTH 63 027'40" EAST, 292.32 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24 012'03" A DISTANCE OF 84.48 FEET TO THE POINT OF TANGENCY IN THE NORTHERLY LINE OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 5; THENCE ALONG SAID NORTHERLY LINE TANGENT TO SAID CURVE NORTH 87 039'43" EAST, 640.00 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 5; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, NORTH 87 015'43" EAST, 1321.28 FEET TO THE EASTERLY LINE OF SAID SECTION 5. SAID EASEMENT TO TERMINATE WESTERLY IN THE CENTER LINE OF SAID COUNTY ROAD SURVEY NO. 554 AND TO TERMINATE EASTERLY IN THE EASTERLY LINE OF SAID SECTION 5. PARCEL 5: AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES AND APPURTENANCES THERETO, OVER A STRIP OF LAND 60.00 FEET IN WIDTH, LYING WITHIN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, THE CENTER LINE OF SAID 60.00 FOOT STRIP BEING THE SOUTH LINE OF THE NORTH HALF OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4. PAGE