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<br />01/08/2007 <br /> <br />ORIGINAL <br /> <br />RESOLUTION NO. 14759 <br /> <br />RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDWOOD <br />CITY ASSIGNING TWO ENCROACHMENT AGREEMENTS BY AND <br />BETWEEN THE CITY OF REDWOOD CITY AND RCN TELECOM <br />SERVICES, INC., (RCN), TO ASTOUND BROADBAND LLC <br />(ASTOUND) <br /> <br />WHEREAS, on or about May 24, 1999 and August 28, 2000, the City of <br />Redwood City and RCN entered into two encroachment agreements whereby RCN was <br />provided the right to construct, install and maintain fiber optic network facilities within <br />the public right-of-way within Redwood City; and <br /> <br />WHEREAS, RCN has notified the City of Redwood City that it has agreed to sell <br />its Bay Area cable, telephone and broadband operations to ASTOUND and request that <br />it be permitted to assign its rights pursuant to the encroachment agreements to <br />Astound; and <br /> <br />WHEREAS, pursuant to section 17 of the encroachment agreements, <br />assignment of the encroachment agreements requires the explicit prior written approval <br />of the City of Redwood City; and <br /> <br />WHEREAS, the City desires to approve the assignment of the encroachment <br />agreements from RCN to ASTOUND. <br /> <br />NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF <br />REDWOOD CITY, AS FOLLOWS: <br /> <br />1. RCN shall be entitled to assign the encroachment agreements entered into on <br />or about May 24, 2999 and August 28, 2000, by and between the City of <br />Redwood City and RCN to ASTOUND. <br /> <br />2. The encroachment agreements of May 24, 1999 and August 28, 2000, shall <br />be binding on ASTOUND and any successors and assigns and shall be <br />disclosed to any future assignee. <br /> <br />3. ASTOUND shall, in writing, unconditionally acknowledge and assume RCN's <br />duties and obligations under the May 24, 1999 and August 28, 2000 <br />encroachment agreements, which acknowledgement shall be effective as of <br />the date of the assignment, or each of the encroachment agreements shall be <br />subject to termination. <br /> <br />A TTY IRESO/RESO.1678 <br />010407 <br /> <br />14759 <br />Formerly Muff # 801 <br />