Res 1446 - Cons Assgn US West
COUNCIL BILL NO. 1843
RESOLUTION NO. 1446
A RESOLUTION ENTERING INTO A CONSENT TO ASSIGNMENT WITH U S WEST
COMMUNICATIONS WIRELESS GROUP AND AUTHORIZING THE MAYOR TO SIGN SUCH
CONSENT.
WHEREAS, Resolution 1440 entered into a Site lease Agreement with U S West
Communications Wireless Group, and
WHEREAS, recently enacted Federal Communications Commission rules require that
U S West Communications provide some wireless services through a separate company,
and
WHEREAS, U S West Wireless, L.L.C, has been formed to supply wireless services
in compliance with Federal Communications Commission rules, and
WHEREAS, U S West Wireless Communications Group has provided a Consent to
Assignment through which all their rights and privileges under the Site lease Agreement
entered into by Resolution 1440 are assigned to U S West Wireless, L.L.C., and
WHEREAS, it is in the best interest of the City of Woodburn to enter into the
provided Consent to Assignment, NOW THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOllOWS:
Section 1. That the City of Woodburn enter into a Consent to Assignment with
U S West Communications Wireless Group, which is affixed as Attachment" A" and by this
reference incorporated herein,
Section 2, That the Mayor is authorized to sign such Consent to Assignment on
behalf of the City,
Page 1 - COUNICL BILL NO. 1843
RESOLUTION NO. 1446
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Approved as to tormrr) .~~
City Attorney
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Date
APPROVED:L_/~t-~_L---? /l }f;;'./L.-
Nancy A. ((irksey )
November 24, 1997
December 1, 1997
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST: {VIa .~-k
Mary ~ant, Recorder
City of Woodburn, Oregon
Page 2 - COUNICL BILL NO, 1843
RESOLUTION NO. 1446
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December 1, 1997
December 1, 1997
CONSENT TO ASSIGNMENT
Re: Site lease Agreement dated September 24, 1997 (the "Agreement") by
and between City of Woodburn and U S WEST Communications Wireless
Group, a division of U S WEST Communications, Inc" Site No. SAl-218A
The undersigned, as Consenting Party, agrees:
(a) Effective January 1, 1998, U S WEST Communications, Inc., ("Assignor")
will assign to U S WEST Wireless, L.L.C, ("USWW"), all of Assignor's rights
and privileges under the Agreement, including any and all easements or
other rights appurtenant thereto, and USWW shall assume all obligations
under the Agreement.
(b) On and after January 1, 1998, USWW shall hold Assignor's rights and shall
be liable for the performance of Assignor's obligations, including the
payment of rent, under the Agreement.
(c) Assignor shall hold all rights and remain liable for the performance of all
obligations under the Agreement for the period prior to January 1, 1998,
but on and after that date, Assignor shall hold no rights and shall have no
liability for the performance of any obligations under the Agreement.
(d) Consenting Party, to the best of its knowledge, confirms that the
Agreement is in full force and effect, and that no defaults have occurred
and are continuing under the Agreement.
IN WITNESS WHEREOF, the undersigned grants and evidences its consent to
the assignment of rights and assumption of obligations under the Agreement effective
as of January 1, 1998, in accordance with the terms hereof, this , day of
,1997.
Consenting Party
City of Woodburn
c
By:
Printed Name:
Title:
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