AgdaPkt 2007-01-08 - Laserfiche WebLink

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6.3D Page 7 RESOLUTION NO. 2007-_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDWOOD CITY ASSIGNING TWO ENCROACHMENT AGREEMENTS BY AND BETWEEN THE CITY OF REDWOOD CITY AND RCN TELECOM SERVICES, INC., (RCN), TO ASTOUND BROADBAND LLC (ASTOUND) WHEREAS, on or about May 24, 1999 and August 28. 2000, the City of Redwood City and RCN entered into two encroachment agreements whereby RCN was provided the right to construct, install and maintain fiber optic network facilities within the public right-of-way within Redwood City; and WHEREAS, RCN has notified the City of Redwood City that it has agreed to sell its Bay Area cable, telephone and broadband operations to ASTOUND and request that it be permitted to assign its rights pursuant to the encroachment agreements to Astound; and WHEREAS, pursuant to section 17 of the encroachment agreements, assignment of the encroachment agreements requires the explicit prior written approval of the City of Redwood City; and WHEREAS, the City desires to approve the assignment of the encroachment agreements from RCN to ASTOUND. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCil OF THE CITY OF REDWOOD CITY, AS FOllOWS: 1 . RCN shall be entitled to assign the encroachment agreements entered into on or about May 24, 2999 and August 28, 2000, by and between the City of Redwood City and RCN to ASTOUND. 2. The encroachment agreements of May 24,1999 and August 28,2000, shall be binding on ASTOUND and any successors and assigns and shall be disclosed to any future assignee. 3. ASTOUND shall, in writing, unconditionally acknowledge and assume RCN's duties and obligations under the May 24,1999 and August 28,2000 encroachment agreements, which acknowledgement shaft be effective as of the date of the assignment, or each of the encroachment agreements shall be subject to termination. PASSED AND APPROVED AND ADOPTED this _ day of 2007. ATTY/RESOIRESO.1676 (a) 010407 - 1 -