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• • <br /> WHEREAS, Pacific Sun/Franchisee and TCI have requested consent by the Town <br /> to the assignment and transfer of all of the assets of the System, including all rights, title, <br /> interests, and obligations of Pacific Sun/Franchisee under the Franchise, to TCI (the <br /> "Transfer") in accordance with the requirements of the Franchise; and <br /> WHEREAS, the Transfer is deemed to be in the best interests of the residents of <br /> the Town; and <br /> WHEREAS, the Council has read and considered that certain Assumption <br /> Agreement between the Town, Pacific Sun/Franchisee and TCI. <br /> NOW, THEREFORE, the City Council of the Town does RESOLVE as follows: <br /> 1. The Town hereby consents to and approves the transfer of the System and <br /> the Franchise from Pacific Sun/Franchisee to TCI, all in accordance with the terms of the <br /> Franchise. <br /> 2. Said transfer is conditioned upon the execution of the Assumption <br /> Agreement, attached hereto as Exhibit A. <br /> 3. Nothing contained herein shall be construed to relieve Pacific Sun/Transferee <br /> of their obligations to comply with the Franchise and the Town shall have the right to <br /> reimbursement for any issues of non-compliance arising before the effective date of the <br /> Transfer which may be discovered after this Assumption Agreement is executed. <br /> 4. The Town of Los Altos Hills hereby approves the Assumption Agreement and <br /> the Mayor is hereby authorized on behalf of the Town to execute the Assumption <br /> Agreement between the Town, Pacific Sun/Franchisee and TCI. <br /> 5. This Resolution shall become effective upon the closing of the Transfer <br /> provided the closing of the Transfer occurs within sixty (60) days from the date this <br /> Resolution was adopted. <br /> PASSED AND ADOPTED this 15th day of Feb - , 2001. <br /> / <br /> <br /> /Mayor <br /> ATTEST: <br /> " <br /> City Clerk <br /> 2 N:\DATA\Clients\L\LAH\Projects\AT&T\FrTransfer.rut.wpd <br />