Laserfiche WebLink
I. The City is willing to consent to the change of control,subject to the closing of the Transaction <br /> between Northwest Fiber and Frontier and the appropriate approvals by the Washington State <br /> Utilities and Transportation Commission and federal regulatory entities. <br /> J. Northwest Fiber, who will become the parent company of Franchisee, has agreed to continue to <br /> unconditionally accept the terms of the existing Franchise and to comply with any other <br /> agreements existing between the Franchisee and the City. <br /> K. The City Council deems it to be in the public interest to grant the requested consent. <br /> NOW,THEREFORE,THE CITY OF EVERETT DOES ORDAIN: <br /> Section 1. <br /> The City hereby consents to the change of control that will occur as a consequence of the closing of the <br /> Transaction and in accordance with the terms of applicable law, subject to and contingent on the <br /> fulfillment of the conditions set forth in Section 2 hereof: <br /> Section 2. <br /> Section 1 of this Ordinance is contingent on the fulfillment of the following condition: Northwest Fiber <br /> shall acknowledge that the change of control will not affect, diminish, impair or supersede the binding <br /> nature of the Franchise and any other ordinances, resolutions,side letters and agreements, if any, <br /> applicable to the operation of the System in the City. Further, Northwest Fiber shall acknowledge that <br /> the Franchisee shall remain responsible for any and all non-compliance issues, if any, under the <br /> Franchise and any other ordinances, resolutions, side letters, and agreements, if any, applicable to the <br /> operation of the System in the City that may have arisen prior to, or that may arise contemporaneous <br /> with, or after, the closing of the Transaction. <br /> Section 3. <br /> The Franchise shall remain in full effect through the remainder of the Franchise term. The Transaction <br /> and the City's consent to the change of control do not modify the terms of the Franchise. Franchisee <br /> remains responsible for any obligations and liabilities under the Franchise. The City's consent to the <br /> change of control shall not be construed to constitute a waiver or release of any rights the City may have <br /> now, or in the future, under federal, state or local law,the Franchise, or any separate written <br /> agreements or side letters, if any, between the City and the Franchisee that relate to the Franchise. <br /> in 2019 ORDINANCE: Frontier NW Fiber Page 2 of 4 <br /> Change of Control <br />