HomeMy WebLinkAbout20070993.tiff RESOLUTION
RE: APPROVE CONSENT TO ASSIGNMENT OF COMMUNICATIONS TOWER AND SITE
LEASE AGREEMENT FROM WIRELESS ADVANCED COMMUNICATIONS TO
WHATWIRE, LLC AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Consent to Assignment of the
Communications Tower and Site Lease Agreement between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Weld County Regional Communications Center, Wireless Advanced Communications, and
Whatwire, LLC,commencing April 1,2007,with furtherterms and conditions being as stated in said
Consent to Assignment, and
WHEREAS, after review, the Board deems it advisable to approve said Consent to
Assignment, a copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Consent to Assignment of the Communications Tower and Site Lease
Agreement between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Regional Communications Center,
Wireless Advanced Communications, and Whatwire, LLC, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said Lease Agreement.
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 9th day of April, A.D., 2007, nunc pro tunc April 1, 2007.
BOARD OF COUNTY COMMISSIONERS
WEL OUNkl} ^TY, COLORADO
ATTEST: i � �. �"'� \\.
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' /`1` David E. Long, Chair
Weld County Clerk to the rd fro
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Deputy Clerk to the Bol, ; �j(i T
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William F. Garcia
APPWVEP AS TO EXCUSED
Robert D. Masden
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Date of signature:
���� Douglas R demache
2007-0993
I l CM0017
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ASSIGNMENT OF LEASE
The undersigned, Wireless Advanced Communications, hereinafter called"Assignor," for and in
adequate consideration in hand and hereby confessed and acknowledged, does hereby
BARGAIN, SELL, TRANSFER, ASSIGN AND CONVEY unto Whatwire, LLC, 3115 35t
Avenue, Greeley, Colorado 80634,hereinafter called"Assignee,"any and all right, title and
interest which Assignor may hold in and to a certain lease entitled Communications Tower and
Site Lease Agreement, entered into by and between the Board of County Commissioners £orWeld
County, Lessor, and wireless Advanced communications, Lessee, dated March 28, 2005, nunc
pro tunc March 1, 2005 ("the Lease Agreement"), together with all other rights, titles and
interests that Assignor has or may hereafter acquire by virtue of said lease or any agreements
relating thereto.
TO HAVE AND TO HOLD the above property interests and rights belonging unto the above
said Assignee,
AND FOR THE SAME CONSIDERATION, the undersigned Assignor for itself, its successors
and assigns, does covenant with the above said Assignee, its successors and assigns that the
undersigned Assignor has good right and authority to assign and convey the same that the
undersigned Assignor has not heretofore alienated, assigned or otherwise disposed of any right,
title or interest in, under and to the said Lease Agreement or any part thereof or any claims
relating thereto; and that the person executing this Assignment has full right and authority to do
so.
IN WITNESS WHEREOF, I have hereunto set my hand and seal thisl day of Meeeh, 2007.
/94
WIRELESS ADVANCED COMMUNICATIONS
By: Andrew J. B lindir, President
STATE OF COLORADO )
COUNTY OF WELD )ss.
Ilp:.i
The foregoing instrument was acknowledged before me this Sae--day of Mach, 2007 by
Andrew J. Bellindir, President, Wireless Advanced Communications, Inc., Assignor.
Witness my hand and Official Seal.
My commission expires: . Notary Public
/%3
2007-0993
ACCEPTANCE OF ASSIGNMENT AND AGREEMENT TO BE BOUND BY
TERMS AND CONDITIONS OF THE LEASE
Whatwire, LLC , Assignee, hereby accepts the above set forth assignment from Wireless
Advanced Communications, Inc. of the Communications Tower and Site Lease Agreement dated
March 28, 2005, nunc pro tune March 1, 2005 between the Board of County Commissioners for
Weld County, Lessor and Wireless Advanced Communications, Inc., Lessee, and Whatwire, LLC
on behalf of itself, its successors and assigns, agrees to be bound by all of the terms and
conditions contained therein.
Whatwire further agrees to pay. future rental payments due under the Lease Agreement to the
Board of County Commissioners for Weld County, P.O. Box 758, Greeley, Colorado 80632,
commencing with the payment due under said Lease Agreement on the first day of April, 2007,
and continuing each month thereafter until the Lease Agreement is terminated pursuant to its
terms, or until proper notice of a change of address or payee is provided pursuant to the terms of
the Lease Agreement.
/I
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 3,-day ofMarch, 2007.
Cikt
WWHHyATWIRE LL
13 y: obert Stanley, Managing Partner
STATE OF COLORADO)
COUN'T'Y OF WELD )ss
The foregoing instrument was acknowledged before me this3 / day of h, 2007 by Robert
Stanley, Managing Partner of Whatwire, LLC.
Witness my hand and official seal.
Notary Public
My Commission Expires: cib, /,)007
LESSOR'S CONSENT TO ASSIGNMENT
The Board of County Commissioners for Weld County,Named Lessor in the Communications
Tower and Site Lease Agreement between the Board of County Commissioners for Weld
County, Lessor, and Wireless Advanced Communications, Inc., Lessee, dated March 28, 2005,
nunc pro tunc March 1, 2005,hereby consents to the assignment of said Lease Agreement from
Wireless Advanced Communications, Inc., Assignor, to Whatwire, LLC, Assignee, 3115 35th
Avenue, Greeley, Colorado 80634, on the condition that Whatwire, LLC,Assignee, on behalf of
itself, its successors and assigns, agrees to be bound by, and subject to, all of the terms and
conditions contained in said Lease Agreement.
THE BOARD OF COUNTY COMMISSIONERS
FOR THE COUNTY OF WELD, i
STATE O OLORADO APT T: A 9'
�C r � ; " C 1� \the Board
By: C ` C7—n c r (I A
David E. Long, Chair PR 0 g
- : !� eputy /
Q7002-029_3
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