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HomeMy WebLinkAbout12-056 - Resolutions RESOLUTION NO. 12-056 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA CONSENTING TO THE CHANGE IN OWNERSHIP AND CONTROL OF NEXTG NETWORKS OF CALIFORNIA, INC. A. Recitals. (i) NextG Networks of California, Inc., a wholly owned subsidiary of NextG Networks, Inc., a Delaware corporation, is a party to that certain Right-of-Way Use Agreement dated November 19, 2008 ("Agreement'), entered into with the City of Rancho Cucamonga. (ii) On or about December 15, 2011, NextG Networks, Inc. and Crown Castle International Corporation entered into an agreement whereby NextG Networks, Inc., will be wholly owned by Crown Castle Solutions Corporation, a subsidiary of Crown Castle International Corporation. (iii) Although there is a change of ownership as to its parent company, NextG Networks of California, Inc. will continue to be a party to the Agreement and will remain primarily responsible for performance thereunder. (iv) Section 11 of the Agreement requires consent of the City Council as to any change of ownership affecting NextG Networks of California, Inc. (v) It is the intent of the City Council in adopting this Resolution, to consent to the change of ownership affecting control of NextG Networks of California, Inc., as described in Recitals, above. (vi) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby finds and resolves as follows: 1. Based upon the representations of legal counsel for NextG Networks of California, Inc., made on behalf of NextG Networks of California, Inc. and Crown Castle Solutions Corporation, the facts set forth in the Recitals, Part A, above, are true and correct and are made a part of this Resolution. 2. The City Council consents to the change in ownership and control described in the Recitals, Part A, above. 3. The City Clerk shall certify to the adoption of this Resolution. Please see the following page for formal adoption,certification and signatures PASSED, APPROVED, AND ADOPTED this 18'" day of April 2012. AYES: Alexander, Buquet, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None L. Dennis—Michael, May ATTEST: .Ofiice C. Reynolds, CiVy Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 18'" day of April 2012. Executed this 19'h day of April 2012, at Rancho Cucamonga, California. ice C. Reynolds, Ci y Clerk Resolution No. 12-056 - Page 2 of 2