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HomeMy WebLinkAboutResolution 3337 RESOLUTION NO. 3337 A RESOLUTION of the City Council of the City of Bremerton,Washington,approving the change of indirect control of the franchise under the Cable Television Franchise. WHEREAS,WaveDivision IV, LLC d/b/a Wave Broadband("Franchisee")owns, operates and maintains a cable television system(the "System")in the City of Bremerton pursuant to a cable television franchise ("Franchise") granted by the governing body of the City of Bremerton(the "Franchise Authority"), and Franchisee is the current duly authorized holder of the Franchise;and WHEREAS,pursuant to an Agreement and Plan of Merger("Agreement"),funds associated with Stonepeak Infrastructure Partners ("Acquiror"), a Delaware limited liability company,will purchase 100%of the membership interests of Radiate Holdings, L.P., a Delaware limited partnership,(which owns 100%of the indirect ownership interests in Franchisee), and,as a result,the indirect control of Franchisee will change(the "Change of Control"); and WHEREAS,Franchisee and Acquiror have requested the consent of the Franchise Authority to the Change of Control in accordance with the requirements of the Franchise,have filed an FCC Form 394 with the Franchise Authority, and have provided the Franchise Authority with all information necessary to facilitate a decision by the Franchise Authority(the "Application"); and WHEREAS,the Franchise Authority has reviewed the Application, examined the legal,financial and technical qualifications of Acquiror,followed all required procedures in order to consider and act upon the Application, considered the comments of all interested parties, and finds Acquiror to be suitable to indirectly control Franchisee;NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Franchise Authority hereby accepts the Application and consents to the Change of Control,all in accordance with the terms of the Franchise and applicable law. SECTION 2. The Franchise Authority confirms that the Franchise is valid and outstanding and in full force and effect and there are no defaults under the Franchise. Subject to compliance with the terms of this Resolution, any action necessary with respect to the Change of Control has been duly and validly taken. SECTION3. This Resolution shall have the force of a continuing agreement with Franchise and Acquiror, and Franchise Authority shall not amend or otherwise alter this Resolution without the consent of Franchise and Acquiror. Page 1 of 2 Change of Indirect Control— WaveDivision IV,LLC Franchise SECTION 4. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTIONS. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the Cit Council of the City of Bremerton, Washington this 11 day of r Ck'\ - ,20 KE GORMAN, Council President APPROVED AS TO FORM: AT[EST: -N( ROG R A. LUBOVICH, City Attorney ANGELA HOOVER, City Clerk Page 2 of 2 Change of Indirect Control— WaveDivision IV,LLC Franchise