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Resolution No. 2-0924 - EXPIRED 1 • - RESOLUTION. NO. ~ 0924 ' BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON RESOLUTION ACKNOWLEDGING ASSIGNMENT ) TRANSFER OF A TELECOMMIJNICATION FRANCHISE ) R E S O L U T I O N NO. 98-0847 FROM AVISTA COMMUNICATIONS, INC. ) SUCCESSOR IN INTEREST TO WWP FIBER INC. TO ) FIBERLINK, LLC dba COLUMBIA FIBER SOLUTIONS ) WHEREAS, by Resolution No. 98-0847 the Board of County Comrrussioners granted a franchise for operation of a Telecommunications System to WWP Fiber Inc;. and . WHEREAS, Avista Communications, Inc. became the successor in interest to WW'P Fiber Inc; and . WHEREAS, as a result of a sale agreement Fiberlink, LLC dba Columbia Fiber Solutions is in the process of acquiring the assets of Avista Communications, Inc.; and RrHEREAS, Avista Communications, Inc. has requested Spokane County acknowledge the transfer of Franchise. THEREFORE BE IT RESOLVED by the Board of County Commissioners of Spokane County, Washington that the assignment and transfer of franchise from Avista Communications, Inc, successor in interest to WWP Fiber Inc. is hereby approved the Chair of the Board or the majority of the County Comniissioners are authorized to sign the letter of acknowledgment. APPROVED BY THE BOARD this 17th day of September 2002. ~ 4 0~ coBOARD OF COUNTY COMMISSIONERS 04~. Q~~p,1IB CpG~~ o~ OF SPOKA'~E OU~tTY WASHINGT4N . 0 d • ( M. TE ASLIN, CHAIR ~ cvtsr~`~` ATTEST: VICKY M. DALTON 00),9 CLERK OF THE BOARD , " J ROSKELLEY, VICE-C - • B . DANIELA ERICKSON, DEPUTY ' L D. HARRIS i 11p\reslutilfranlavista 2002 d'utlengrlst.exam ~~COVED, 2 0924 . AUG 1.3 202 SPOKANE COU,N.TY: ENGINERA . Communitations P.O. Box 21001-99201 Spokane, WA 99201 August 9, 2002 Mr. Ross KeIly, Director Division of Enginering and Roads Spokane County Public Works Department 1116 West Broadway Ave, PWK-2 Spokane, WA 99260-0I70 - Dear Nlr. Kelly: Avista Communicadons, Inc. ("Avista"), successor in interest to Avista Fiber, Inc. and WWP Fiber Inc, has entered into an agreement with FiberLink, LLC dba Columbia Fiber Solutions ("FiberLink") whereby FiberLink will acquire Avista's assets related to its fiber optic network Iocated within Spokane County, Washington and Kootenai County, Idaho. These assets are comprised primarily of Avista's fiber opdc network, together with underlying rights and agreements in support thereof, as well as Avista's dark fiber customers, contracts, and other miscellaneous . assets. FiberLink will continue to maintain a local presence in the community, and will provide the same quality fiber optic network services presently offered by Avista as we strive to make this transidon as smooth and seamless as possible. In order to conclude this transaction Avista must obtain advance written consent from Spokane County in order that . the transfer or assignment to FiberLink of existing agreement(s) between Spokane County and Av2sta can be completed at the time of cIosing: We anticipate closing 'as soon as we have all necessary consents, and in any event, no later than November 30, 2002. The specific agreement(s) for which we request your consent to assign or otherwise transfer : from Avista to FiberLink are as follows: Telecommunications Franchise No. 98-0847 dated 10/24/98 Please indicate your consent to the assignment to.FiberLink of the agreements listed above by signing the form below, faxing it to the number Iisted beIow and maiIing the original signed copy to the address listed betow. . I consent to the assignment of the above agreement(s) to FiberLink, effective at the close of the sale of Avista's fiber optic network to FiberLink: . ~ . . 4-0,177ev? Signature. . Title: Date: , . • . . , . ~ . I6d 0924 h Please fax a copy to (509) 688-4099 and return the executed original to: FiberLink LLC dba Columbia Fiber Solutions Atm: John Everett,.General Manager PD Box 21001-99201 Spokane WA 99201 Fax: (509) 688-4099 Office: (509) 688-4519 Thank you for your cooperation in this matter, and please contact either John Everett or myself should you have any questians or require additional information in order to expedite this transition process. Sincerely, , , Kenneth G. Carlson Real Estate Representative Avista Communications, Inc, (509) 599-4539