This Consent to Assignment is entered into this, 6th day of December 1988 between the Town of Deer Trail, Colorado (the "Town") and Tel events Group, Inc., a Nevada corporation, d/b/a Tel events of Limon, ("Tel events").
Recitals
- Pursuant to the Consent to Assignment dated December 1, 1987, executed by the Town and Tel events, the Town consented to the assignment to Tel events of the rights of C&C Cable Company, doing business as Deer Trail Cable Co. ("C&C"), as Lessee, under the Lease, dated August 5, 1986, between C&C, as Lessee and the Town, as Lessor, concerning the real property described therein (the "Lease").
- Tel events has requested that the Town Board of Trustees of the Town approve the assignment of all of its right, title and interest in and to the Lease to Vantage Cable Associates, Inc., an Iowa corporation ("Vantage"), any subsequent assignment to Vantage Cable Associates, L.P., an Iowa limited partnership ("Vantage L.P.") and any subsequent assignment to an Affiliate, as defined below.
- Section 6 of the Lease requires the prior written consent of the Town to the proposed assignment by Tel events to Vantage and the subsequent assignment to Vantage L.P. and any subsequent assignment to an Affiliate.
Therefore, in consideration of the recitals and the mutual covenants and provisions contained herein, Tel events and Lessor agree as follows:
- Pursuant to Section 6 of the Lease, the Town hereby consents to the assignment by Tel events of all of its right, title and interest in and to the Lease to Vantage, any subsequent assignment to Vantage L.P. and any subsequent assignment to any person or entity which is affiliated therewith ("Affiliate") by virtue of direct, indirect and/or common control or ownership, without the necessity of obtaining any further consents from the Town or of paying any transfer fees to the Town and that Vantage,
Vantage L.P and each Affiliate shall have the right and authority to further assign the Lease to any Affiliate. This paragraph shall act as an amendment to said Section 6 of the Lease. - From and after the effective date of the assignment from Tel events of all of its right, title and interest in and to the Lease to Vantage, Tel events shall be forever released from all terms, covenants and conditions of and obligations under the Lease, and Vantage or its assigns as above provided shall be bound by all terms, covenants, conditions and obligations on the part of the Lessee to be performed under the Lease.
Vantage Cable Associates, Inc.
By: Mark Dille, Mayor of Deer Trail
Attest: Tam M. Intermill, Town Clerk
Tel events Group, Inc.
By: Dell R. Mathius
Title: Executive Vice President
Attest: Dorothy Gall Raymond
Title: Secretary
The undersigned, Vantage Cable Associates, Inc., hereby accepts the assignment of the Lease, dated August 5, 1986, described above, and agrees to be bound by all the terms and conditions thereof to the extent allowed by law.
Vantage Cable Associates Inc.
By: John J. Killian II
Title: Vice President
Attest: Jacquelyn Nash
Title: Notary
My Commission Expires Nov. 18, 1990, 5552 South Lansing Court Englewood, Colorado 80111
Town of Deer Trail, Colorado
Mark Dille
By: Mark Dille, Mayor of Deer Trail
Attest: Tam M. Intermill, Town Clerk
Tel events Group Inc.
Dell R. Mathius
By: Dell R Mathius
Printed Name:
Title: Executive Vice President
Attest: Dorothy Gall Raymond
Title: Secretary
The undersigned, Vantage Cable Associates, Inc., hereby accepts the assignment of the Lease, dated August 5, 1986, described above, and agrees to be bound by all the terms and conditions thereof to the extent allowed by law.
Vantage Cabel Associates Inc.
By: John J. Killian II
Title: Vice President
Attest: Jacqulyn Nash,
Title: Notary