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Home My WebLink About20120549.tiff RESOLUTION RE: APPROVE REPLACEMENT COLLATERAL FOR FRANCHISE AGREEMENT - BAJA BROADBAND, LLC 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, by Resolution dated January 18, 1999, the Board approved the Transfer and Assignment of Franchise Agreement from Fanch Cablevision of Colorado, L.P., dba Intermountain Cable Comm, a Colorado Corporation to US Cable of Coastal-Texas, L.P., on May 26, 1999, accepted Franchise Bond No. 134456, drawn on Frontier Insurance Company for $2,000.00, and on October 4, 2004, accepted replacemeht Bond No. 5013206 issued by Bond Safeguard Insurance Company for $2,000.00. WHEREAS, on September 19, 2011, the Board of County Commissioners of Weld County, Colorado, approved a Transfer and Assignment of Franchise Agreement from US Cable of Coastal-Texas, L.P., to Baja Broadband, LLC, with terms and conditions being as stated in said agreement, and on February 27, 2012, accepted replacement Franchise Bond No. 1942695, issued by The Hanover Insurance Company in the amount of $2,000.00. WHEREAS, upon recommendation of staff, the Board deems it advisable to release the collateral now being held for US Cable of Coastal-Texas, L.P., and to accept replacement collateral from Baja Broadband, LLC. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Franchise Bond No.5013206, on behalf of US Cable of Coastal Texas, L.P., issued by Bond Safeguard Insurance Company, in the amount of $2,000.00 be, and hereby is, canceled and released, and that replacement Franchise Bond No. 1942695, on behalf of Baja Broadband, LLC, issued by The Hanover Insurance Company, be accepted. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to return said collateral to the appropriate issuing party. 3828437 Pages: 1 of 2 03/01/2012 11:03 AM R Fee:$0.00 Steve Moreno. Clerk and Recorder. Weld County, CO HBO K VINVIONIM 111111 C.e- 61, 2012-0549 3 - $"l a ORD94 REPLACEMENT COLLATERAL— BAJA BROADBAND, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of February, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO P Sean P. C611way, Chair Weld County Clerk to the Board 1 l illiam F. Garcia, Pro-Te BY: Deputy C rk to the Boa leCP Kirkmeye r er ' C Jy AP V A ORM: � David E. Long y orney Dougl s adema her Date of signature: d •/a 3820142012 1Cl1 03837 geMes: R 2 Fee:$.00 03ev 0te Moreno, erk and Recorder, Weld County CO NICI1%I Ii'4 2012-0549 ORD94 Cable® Corporation 28 West Grand Avenue • Suite 10 • Montvale, NJ 07645-2100 • (201)930-9000 • Fax(201)930-9232 • www.uscable.com VIA: Federal Express February 9, 2012 County of Weld, Colorado 1150 O Street P.O. Box 758 Greeley, CO 80632 Attn: Esther E. Gesick, Deputy Clerk to the Board/Office Manager Re: Franchise Bond No. 5013206 Dear Ms. Gesick: On December 20, 2011, US Cable of Coastal-Texas, L.P. sold its cable system to Baja Broadband. It is my understanding that Baja Broadband has provided a franchise bond to the County of Weld. Accordingly, please return our Franchise Bond No. 5013206. Thank you. Very truly yours, Connie R. Gorga Contracts Manager Cc: J. Appio, (pdf) Stephen Fisch, Baja(pdf) 2012-0549 Baja Broadband 1061 521 Corporate Center DriveBA4/41 Fort Mil00 1,, SC 29707 WELD COUNTY Broadband P: 980.235.7641 COMMISSIONERS F: 980.235.7602 10Ia FEB — I AI& 25 RECEIVED January 26, 2012 Weld County Attn: County Commissioner P.O. Box 758 Greeley Colorado 80632 Dear County Commissioner: Attached is our franchise bond number 1942695 as required for the franchise agreement by and between Baja Broadband and Weld County. This bond replaces bond number 5013206 with US Cable. Please send notice out to previous surety (Safeguard) that this particular bond has been replaced. I have also attached the required certificate of insurance. Please contact me regarding any bond or insurance question you may have. Re rds, tephen Fisch Controller rnr�Ury Ck i CY-3 u -la frkt- FRANCHISE BOND ,eGgf‘k../ Bond No. 1942695 KNOW ALL MEN BY THESE PRESENTS, THAT Baja Broadband,LLC as Principal,and The Hanover Insurance Company ,having its executive office 440 Lincoln Street,Worcester,MA 01653 ,as Surety,are held and firmly bound unto Weld County,CO ,hereinafter referred to as Obligee,in the penal sum of Two Thousand Dollars and 00/100 ($2,000.00 )for the payment of which,well and truly to be made,we bind ourselves,our heirs,executors,administrators, successors and assigns,jointly and severally,firmly by these presents,the liability of the Surety being limited to said penal sum regardless of the number of years this bond remains in force or is renewed,of the number of premiums that shall be payable or paid,the number of Subscribers to the system and/or legal fees which may be required and incurred. WHEREAS,the Obligee has granted a franchise to Principal to use the public streets and places within its Municipality to transmit and distribute electrical impulses through an open line-coaxial antenna system for television receivers located within said Weld County,CO NOW THEREFORE,the condition of this obligation is such,that if the above bound Principal shall faithfully perform,well and truly observe and fulfill their terms and conditions of the franchise,then this obligation shall be null and void; otherwise it shall remain in full force and effect until cancelled. PROVIDED,HOWEVER, it shall be a condition precedent to any right of recovery hereunder,that in the event of any default on the part of the Principal,a written statement of the particular facts showing the date and nature of such default shall be immediately delivered to the Surety by registered mail at its Home Office at 440 Lincoln Street,Worcester,MA 01653 AND PROVIDED FURTHER that no action,suit or proceeding shall be had or maintained against the Surety on this instrument unless same be brought or instituted and process served upon the surety within twelve(12)months after an act of breach or cancellation of this bond or termination of said franchise,whichever occurs first. This Bond may be terminated or canceled by Surety by giving thirty(30)days prior notice in writing from Surety to Principal and said Obligee,such notice to be given by certified mail. Such termination shall not affect any liability incurred or accrued under this Bond prior to the effective date of such termination or cancellation. IN WI ESS WHEREOF,the said Principal and Surety have signed and sealed this instrument this 20th day of December , 2011 . WI S: Baja Broadband,LLC �/ ( / PRINCIPAL (_ • r q ht- 4,5( BY: -re 4 re 1C,r: o. TITLE The Hanover Insurance Company SURETY Yy ^ � �(�'/p APPROVED AND ACCEPTED BY: BY: i.L�IkC e ^^�✓ Obligee Jennifer Hoehhn T/ Attorney-in-Fact Title :ow t{JWIl,tih, rT Date q`o C): 1972 ;>„_ F YT n-a THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY Of AMERICA, a corporation organized and existing under the laws of the State of Michigan,do hereby constitute and appoint G.Timothy Wilkerson,Angela D.Ramsey,John D.Leak III, Donna K.Ashley,Jennifer C.Hoehn, Wendy E. Lahm,John F.Thomas and/or William J.Quinn of Charlotte, NC and each is a true and lawful Attorney(s)-in-fact to sign, execute,seal, acknowledge and deliver for,and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances,undertakings,contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Twenty Million and No/100 ($20,000,000)in any single instance and said companies hereby ratify and confine all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED,'That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and empowered to appoint Attorneys-in-fact of the Company,in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds,recognizances,contracts ofindemnity,waivers of citation and all other writings obligatory in the nature thereof,with power to attach thereto the seal of the Company.Any such writings so executed by such Attorneys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7, 1981 -The Hanover Insurance Company:Adopted April 14,1982—Massachusetts Bay Insurance Company;Adopted September7,2001-Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President, this 5th day of January 2008. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY ...........m„ ,,o io'�r[, ,� CITIZEN INSURANCE COMPjkY Y OF AMERICA 1972 8� 1::. 1994 q tty • 4� 8 5 1 G71 S -'�.'n�CL = C]7 c Mary Jeanne nderson, rie Preside t Y etsY (20• /Caul �Y�• Robert K.Greene,Assistant Ice President THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER )ss. On this 5th day of January 2008, before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. Nofmy Public My commission expires on November 3, 2011 I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies,and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company,shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted October 7, 1981 -The Hanover Insurance Company; Adopted April 14, 1982 Massachusetts Bay Insurance Company;Adopted September 7, 2001 - Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 20th day of December ,2D 11. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSU ANCE COM ANY OF ERICA r;/ / Slepp3n C&pa,As'sistan't Vice Pres ant ----1 FA..APFC ,t< '01:!) CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD,YYYY) �� 1126/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES ' BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONT PRODUCER NAMEACT Heather Eichelberger Commercial Lines-800-366-8834 PHONE 704.557.7274 FAX 866.332.3051 (A/C,No,Ext): (AEC,No). Wells Fargo Insurance Services USA. Inc E-MAIL heather.eichelber er wellsfar o.com ADDRESS: 9 9 6100 Fairview Road. Suite 800 INSURER(S)AFFORDING COVERAGE NAIL# Charlotte, NC 28210 INSURERA: Hartford Fire Insurance Co. 19682 INSURED INSURER e: Hartford Casualty Insurance Company 29424 Baja Broadband LLC INSURER C, Twin City Fire Insurance Company 29459 1061 521 Corporate Center Drive INSURER 0: Suite 100 INSURER E Fort Mill. SC 29707 INSURER F: COVERAGES CERTIFICATE NUMBER: 3858984 REVISION NUMBER: See below THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO lA/HICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE 'ADDL BURR POLICY EFF POLICY EXP LTR INSR'WVD POLICY NUMBER (11/IM/DD/YYYY) IMM/DDIYYYY) LIMITS A GENERAL LIABILITY EACH OCCURRENCE S I OWE 22UENTB7745 9/1/2011 9/1/2012 X DAMAGE TO RENTED COMMFoni AL GENERAL LIABILITY PREMISES(Ea occurrence) S 300,0 CLAIMS-MADE X OCCUR MED EXP(Any om!person, Ifp PERSONAI &ADV INJURY 1.0000 GENERA: AGGREGATE S '_.0000 OF N'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMPIOP AGO S `0000- POLICY JFCT X LOG BIIPD DED 5 S.D. A AUTOMOBILE LIABILITY 22UENAC4738 09/01/11 09/01/12 COMBINEDSINGLE-LIMIT I000U I (Ca a.E.,,, ANY AU I BODILY INJURY EFED person) S x ALL OWNED SCHEDULED BODILY INJURY(Per accident) 3 AUTOS AUTOS NON-OWNED PROPERTY DAMAGE S ^ HIRED AUTOS AUTOS (Per accident; • Comp Ded. 5 X Coll Ded. $1,0 s coil Ded.SIAM UMBRELLA LIAB X OCCUREACH OCCURRENCE 10000' I B22XHUAC4628 09/01/11 09/01/12 I EXCESS LIAR CLAIMS-MADE: AGGREGATE 1.000.(; DED X RETEM ION5 10.000 0 WORKERS COMPENSATION WC STATU- OTH- C AND EMPLOYERS'LIABILITY YIN ' 22WBRI0831 09/01/11 09/01/12 TORY LIMITS ER ANY ROPRIF TORIPARTNERIEXECUTIV E F NIA EL.EACH ACCIDENT S 0)0 OF ER:MEMBER EXCLUDED? (Mandatory in NH) E L DISEASE EA EMPLOYEE.. S I Too.0 it vr, d lUe under • DESCRIPTION OF OPERATIONS below E.I.DISEASE-POLICY LIMIT S 11'.Irv'a • • DESCRIPTION OF OPERATIONS E LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Certificate Holder is included as Additional Insured as respects General Liability to the extent required by contract. CERTIFICATE HOLDER CANCELLATION Weld County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN: County Commissioner THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 758 Greeley. CO 80632 AUTHORIZED REPRESENTATIVE 90f sm4riailetty.. • The ACORD name and logo are registered marks of ACORD ©1988-2010 ACORD CORPORATION. All rights reserve' ACORD 25(2010/05) e WELD COUNTY ATTORNEY'S OFFICE 1861 1150 O STREET P.O. BOX 758 GREELEY, CO 80632-0758 1 ' �1 WEBSITE: www.co.weld.co.us 1 PHONE: (970) 336-7235 COUNTY f FAX: (970) 352-0242 January 27, 2012 Baja Broadband, LLC Peter Kahelin 1061 521 Corporate Center Drive (Suite 100) Fort Mill, South Carolina 29707 RE: Requirement to Obtain Bond Dear Mr. Kahelin: As you are aware, The Board of County Commissioners of Weld County, Colorado approved the transfer of the Weld County cable franchise from US Cable of Coastal Texas, L.P. to Baja Broadband, LLC on September 19, 2011. A review of your Agreement noted that you agreed to assume the responsibilities of U.S. Cable of Coastal-Texas, L.P., and further indicated that Baja Broadband, LLC was aware of the bonding requirements for the US Cable franchises. As of the date of this letter, you have not provided the bond which Weld County requires of its franchise holders, despite requests that you do so. I have enclosed a copy of the Code Ordinance governing the responsibilities of franchise holders in Weld County to assist you in the operation of the franchise in this County. The requirement concerning the bond reads as follows: Sec. 11-1-160. Letter of credit or cash deposit. A. Within ten (10) days after the award of any franchise for a cable television operation granted pursuant to this Article, the Company shall deposit with the County cash, an irrevocable letter of credit or an irrevocable performance bond, in the amount of two thousand dollars ($2,000.00), the form and content of which shall be approved by the County Attorney. The letter of credit shall be used to insure: the faithful performance by the Company of all provisions of the franchise, this Article and the Company's proposal; compliance with all orders, permits and directions of any agency, commission, board, department, division or office of the County having jurisdiction over this Article; and the payment by the Company of any claims, liens and taxes due the County which arise by reasons of the construction, operation or maintenance of the system. B. The deposit shall be maintained at two thousand dollars ($2,000.00) during the entire term of the franchise, even if amounts have to he withdrawn pursuant to Subsection A or C of this Section. e Page 2 1-27-12 C. If the Company.- fails to pay to the County any compensation within the time fixed herein;fails after ten (10) days'notice to pay to the County any taxes due and unpaid;fails to repay to the County within ten (10) days any Damages, costs or expenses which the County is compelled to pay by reason of any act or default of the Company in connection with this franchise; or fails, after three (3) days' notice by the County of such failure to comply with any provision of this franchise which the County reasonably determines can be remedied by demand on the letter of credit or cash deposit, the County may immediately request payment of the amount thereof interest penalties and interest at the then-prevailing legal rate from said letter of credit or deduct said amounts from the cash deposit. Upon such request for payment or deduction, the County shall notify the Company of the amount and date thereof D. The rights reserved to the County with respect to the letter of credit or cash deposit are in addition to all of the other rights of the County, whether reserved by this Article or authorized by law, and no action,proceeding or exercise of a right with respect to such cash deposit or letter of credit shall affect any other right the County may have. (Weld County Codification Ordinance 2000-I) You must contact Esther Gesick in the Clerk to the Board's office to arrange for the submission of the bond, letter of credit of case deposit of$2000.00. This must be accomplished on or before February 13, 2012. ((970)-356-4000 ext. 4226) Yours truly, , Ste ame L. Antes Assistant Weld County Attorney pc: E. Gesick Enclosures Donna Bechler From: Esther Gesick Sent: Wednesday, February 08, 2012 9:25 AM To: sfisch@bajabb.ty Cc: Stephanie Arries; Donna Bechler; Esther Gesick Subject: Franchise Bond Hello Stephen, I am writing to confirm Franchise Bond #1942695 for Baja Broadband has been received by our office. In speaking with Assistant County Attorney, Stephanie Arries, she indicated if US Cable will submit their request for release of their bond, we can list the release and replacement acceptance at the same time. The staff member who typically processes these items is out on vacation until 2/21; however, upon her return and receipt of the request for release, we will list this as an item of business for approval by the Commissioners to accept it into our records. Thank you, Esther E. Gesick Deputy Clerk to the Board/Office Manager 1150 0 Street/P.O. Box 758/Greeley, CO 80632 tel: (970)336-7215 X4226 Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 From: Dave Kavanagh [dkavanagh@co.uscable.com] Sent: Wednesday, September 14, 2011 3 :10 PM To: Stephanie Arries Cc: 'Appio, Joe' ; 'Gorga, Connie' Subject: RE: Weld County Consent to transfer Attachments: Weld_County_CO_CATV_Homes_Passed_09142011 .pdf Dear Ms. Arris : Attached is a map with 2 small areas circled that lie within our Weld County service area, adjacent to the Johnstown city limits . Addresses for homes passed within the circled areas is included should you require a more detailed description. Thank you, Dave Kavanagh, State Manager 266 Basher Drive #4 Berthoud, CO 80513 (970) 587-2243 ext. 5104 ? : (970) 587-4208 From: Gorga, Connie [mailto:cgorga@uscable.com] Sent: Tuesday, September 13, 2011 11 :31 AM To: Kavanagh, Dave Cc: Frider, Yonatan (YFrider@seyfarth.com) ; Pearson, Jim; Appio, Joe Subject: Weld County Consent to transfer Dave, I spoke with the Weld County Assistant County Attorney, Stephanie Arris. She has received our Consent to Transfer and would like to present it to the Board for approval . She asked me for the areas it covered. I told her per our correspondence a few dozen outside Johnstown and Milliken. She asked that we provide it on a map. Her email is sarries@co.weld.co.us. Would you kindly provide and copy me. Thanks for your assistance. Connie Contracts Manager US Cable of Coastal-Texas, L.P. 28 West Grand Ave. Suite 10 Montvale, NJ 07465 201-930-9000 ext. 320 1861 - 2011 CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4227 FAX: (970) 352-0242 . P. O. BOX 758 W E L DEC O U N T Y GREELEY, COLORADO 80632 March 6, 2012 Attn: Connie Gorga US Cable Corporation 28 West Grand Avenue Suite 10 Montvale, New Jersey 07645-2100 RE: Cancellation and release of Collateral — US Cable of Coastal-Texas, L.P. Ms. Gorga: Attached hereto, please find the Board of County Commissioners Resolution releasing the Collateral for US Cable of Coastal-Texas, L.P., in the amount of $2,000.00. If you would like a recorded copy of the resolution, please contract our Clerk and Recorders Office at 970-304- 6530. I am enclosing the original Subdivision Bond#134456 from Frontier Insurance Company, in the amount of $2,000.00 as well as Replacement Bond #5013206 from Bond Safeguard Insurance Company, in the amount of $2,000.00. Since there is no address listed for Bond Safeguard Insurance Company, I am returning both of the Bonds to your office. Could you please return them to the companies who issued them to you, and notify Bond Safeguard that their Bond has been replaced with one from Baja Broadband. If you have questions or need additional information, please do not hesitate to contact me at (970) 336-7215, Extension 4227. Very truly yours, BOARD OF COUNTY COMMISSIONERS 1 7 Donna J. Bechler, Deputy Clerk to the Board Cc: Baja Broadband y oa�e 4ee y0i• �o e ' ,O CDy • 1 y a5y5Zro v ti3 acoo4-ayGob dro a' e4toa Go•eb' 0 op oaf ti� BOND NO. 5013206 • y.S ati 4e4 4ti o eon cb 0 a i'� e4 0 \v ,,)4N- • Jc9 V yogi g .e4 VS t FRANCHISE BOND KNOW ALL MEN BY THESE PRESENTS: That U S Cable of Coastal-Texas, L.P. as Principal and BOND SAFEGUARD INSURANCE COMPANY as Surety, are held and firmly hound unto Weld County, P.O. Box 758. Greelv. CO 80632 as Obligee,in the sum of 52,000.00 Dollars,lawful money of the United States,for which payment, well and truly to be made,we bind ourselves,jointly and severally,firmly by these presents. This Bond is executed to comply with the terms of the ordinance dated 19 of the of granting a Franchise to U S Cable of Coastal-Texas, L.P. to use the public streets and places within its jurisdiction to transmit and distribute electrical impulses through an open line-coaxial antenna system for television receivers located within said Weld County hereinafter called"grantee"by this Bond guarantees to faithfully perform well,and truly observe and fulfill each term and condition of the Franchise granted by the above mentioned ordinance,and in case of any breach of condition of the Bond, the amount thereof shall be recoverable from the Principal and Surety by said Municipality for all damages proximately resulting from the failure of Grantee to well and faithfully observe and perform any provision of said Franchise or any provisions of said ordinance. This bond may be terminated or cancelled by Surety by thirty (30) days prior notice in writing from Surety to Principal and said Obligee,such notice to be given by certified mail Such termination or cancellation shall not affect any liability incurred or accrued under this Bond prior to the effective date of such termination or cancellation. Signed.sealed and dated this 21ST day of SEPTEMRRR/ BY: /AN 7004. U S Ca ¢f Cnactal—Texac i P _ — BOND SAFEGUARD, SURANCE COMPANY BY: niLCULt, . (SL-e--444,----) MARY PIERS* ATTORNEY-IN-FACT POWER OF ATTORNEY AO 2 4 5 3 4 Bond Safeguard INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY,an Illinois Corporation with its principal office in Lombard,Illinois,does hereby constitute and appoint: Allen Gelwick, Timothy F. Kelly,Angela P. Hyle, Joan Bagnall, Robert F. Bobo, Mary Pierson, Individually its true and lawful Attorney(s)-In-Fact to make,execute,seal and deliverfor,and on its behalf as surety,any and all bonds,undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November,2001 as follows: Resolved,that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds,undertakings,policies,contracts of indemnity or other writings obligatory in nature of a bond not to exceed $500,000.00, Five Hundred Thousand Dollars,which the Company might execute through its duly elected officers,and affix the seal of the Company thereto. Any said execution of such documents by an Attorney- In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-In-Fact,so appointed,may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved,that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted,and the signature of the Vice President,and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President,and its Corporate Seal to be affixed this 7th day of November,2001. Pa01NSUpt% NNFoo BOND SAFEGUARD INSURANCE COMPANY AN 2 ILLINOIS a re INSURANCE COMPANY...9 /�/ // BY David E: Campbell President ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally came David E. Campbell to me known,who being duly sworn, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY,the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. "OFFICIAL SEAL" JANET L. COPPOCK /-#;61� 21-61-2 NOTARY PUBLIC,STATE OF ILLINOIS Janet L. C ppock MY COMMISSION EXPIRES 8114105 Notary Public CERTIFICATE I, the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY,An Illinois Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this 21st Day of September ,20 04 P�OJPPO INSUNiv_ O Ir�1.I 1/AN co OZ ILLINOIS i Donald D. Buchanan m INSURANCE .� , � COMPANY Secretary • a 7-; Cabie® Corporation 28 West Grand Avenue • Montvale, NJ 07645-2100 • (201) 930-9000 • Fax (201) 930-9232 September 27, 2004 Weld County P.O. Box 758 Greeley, CO 80632 Re: Replacement Bond Dear Sir/Madam: Enclosed please find original Bond No. 5013206 issued by Bond Safeguard Insurance Company to Weld County in the amount of$2,000. This Bond replaces Bond No. 134456 issued by Frontier. Should you have any questions, please contact me. Very truly yours, Conni R. Gorga Legal Administrator CRG:lc Ends. cc: J. Appio K. Linder, w/att. D. Kavanagh, w/att. Bond File, w/att. Franchise File, w/att. '�'"7OA:, e iaar'A.' j 2004-2953 /1Z/ 4 ce 00 V° °4 0`t �o y ob BOND NO. 134456 tiob. cac �t° ro G°ti b o5c t <' acz a'Yo4 ' eti� Lntiar INSURANCE COMPANY ROCK HILL NEW YORK 12775-8000 r vP yb 4y4 IA$lock Company) ti* FRANCHISE BOND KNOW ALL MEN BY THESE PRESENTS: That U S Cable of Coastal-Texas, L.P. as Principal and FRONTIER INSURANCE COMPANY, Rock Hill, New York as Surety, are held and firmly bound unto Weld County, P.O. Box 758, Greely. CO 80612 as Obligee, in the sum of $2,000.00 Dollars,lawful money of the United States,for which payment, well and truly to be made,we bind ourselves,jointly and severally,firmly by these presents. This Bond is executed to comply with the terms of the ordinance dated , 19 of the of granting a Franchise to U S Cable of Coastal-Texas, L.P. to use the public streets and places within its jurisdiction to transmit and distribute electrical impulses through an open line-coaxial antenna system for television receivers located within said Weld County hereinafter called"grantee"by this Bond guarantees to faithfully perform well,and truly observe and fulfill each term and condition of the Franchise granted by the above mentioned ordinance,and in case of any breach of condition of the Bond, the amount thereof shall be recoverable from the Principal and Surety by said Municipality for all damages proximately resulting from the failure of Grantee to well and faithfully observe and perform any provision of said Franchise or any provisions of said ordinance. This bond may be terminated or cancelled by Surety by thirty (30) days prior notice in writing from Surety to Principal and said Obligee.such notice to be given by certified mail. Such termination or cancellation shall not affect any liability incurred or accrued under this Bond prior to the effective date of such termination or cancellation. Signed,sealed and dated this 21st day of April 19 99 . U S C• . BYAP ONTIER t C C 1 NY BY: 1- Michael S. Olive, •ttorney-in-Fact lantier • INSURANCE COMPANY Rock Hill.New York 12775 • (A Stock Company) POWER OF ATTORNEY • Liuofu All 311 eu LItJ Liver l']reswtfs: That FRONTIER INSURANCE COMPANY,a New York Corporation having its principal office !n Rock Hill,New York, pursuant to the following resolution,adopted by the Board of Directors of the Corporation on the 4th day of November, 1985: "RESOLVED,that the Chairman of the Board,the President,or any Vice President be,and hereby is,authorized to appoint Attorneys-in- Fact to represent and act for and on behalf of the Company to execute bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,and to attach thereto the corporate seal of the Company,in the transaction of its surety business; "RESOLVED,that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond,undertaking,recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED,that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof,said date to be not later than the date of delivery thereof by such Attorney-in-Fact." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE,CONSTITUTE AND APPOINT: William G. Franey Kenneth W. Roberts John R. Muha, II Brenda L. Patterson Shirley A. Harkins Douglas R. Sauer Michael S. Olive of Lanham ,in the State of Maryland its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name,place and stead to sign,execute,acknowledge and deliver in its behalf,and as its act and deed,without power of redelegation,as follows: Bonds guaranteeing the fidelity of persons holding places of public or private trust;guaranteeing the performance of contracts other than insurance policies;and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed;IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND($3,500,000.00)DOLLARS;and to bind FRONTIER INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER INSURANCE COMPANY,and all the acts of said Attorney(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. 2inWitness Gil hereof,FRONTIER INSURANCE COMPANY of Rock Hill,New York,has caused this Power of Attorney to be signed by its President ' and its Corporate seal to be affixed this 29th day of April '19 97 FRONTIER INSURANCE COMPANY -Z �. ig SEAL State of New York ea," BY: ss.: • HARRY W. RHULEN,President County of Sullivan On this 29th day of April ,19 97 ,before the subscriber,a Notary Public of the State of New York in and for the County of Sullivan,duly commissioned and qualified,came HARRY W.RHULEN of FRONTIER INSURANCE COMPANY to me personally known to be the individual and officer described herein,and who executed the preceding instrument,and acknowledged the execution of the same,and being by me duly sworn,deposed and said,that he is the officer of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of the Company,and the Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the Corporation,and that the resolution of the Company,referred to in the preceding instrument, is now in force, 2in'(aiesfimuttp Id hereof, I have hereunto set my hand,and affixed my official seal at Rock Hill,New York, the day and year above written. NOTARY -"=.a PUeL1G pr= NANCY V.PIERRO A° Notary Public State of New York Sullivan County Clerk's No.2395 Commission Expires July 8,2000 CERTIFICATION • I,JOSEPH P.LOUGHLIN,Secretary of FRONTIER INSURANCE COMPANY of Rock Hill,New York,do hereby certify that the foregoing Resolution adopted by the Board of Directors of this Corporation and the Powers of Attorney issued pursuant thereto,are true and correct,and that both the Resolution^� and the Powers of Attorney are in full force and effect. 2i11 till Hares lif:hereof, I have hereunto set my hand and affixed the facsimile seal of the corporation this 21st day of April , 19 99 `.... SEAL raP` `^ " JOSEPH P.LOUGHLIN,Secretary ° rr' US Cable • I it l 14700 West 66th Place g5 Arvada, CO 80004 C t 303-432-7013 May 11, 1999 Weld County Planning Dept. Planning and Zoning Weld County �'PO Box 758 Greeley, CO 80632 R E C Z � V`� E D To Whom It May Concern: In accordance with the terms of the license agreement between US Cable and Weld County enclosed herewith is the bond outlined in the agreement. As always, should you have any questions or concerns please do not hesitate to contact me. Sincerely, Mike District Manager US Cable 991303 ei aria_ ,,�99 G�6, �ai (IP CR P9kngti U.S. Postal Service.. ' CERTIFIED MAIL,. RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) F r delivery inf rmatlon visit ur we•site at www.us•s.c , D O N U-1 Postage $C O Certified Fee - ev O O em ntReceiptquire) Postmark (Endorsement Required) Here Restricted Delivery Fee (Endorsement Required) ru ru Total Postage&Fees ,$V O S��ent�T99 r .t1Yd1: 4e11!ZiY_�or9<G. d��/l/1�i'_�Oreq �11 Stmeq Apt.No.; �//` /r� ,[��) or POBox.o R"'" I.R-aid 5./e.../z) n�ZI +4, Ac 07�f.5-owe) SENeE': Ca M�rETE THIS SECTNN COMPLETE mars sec rleN eN DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent • Print your name and address on the reverse X so that we can return the card to you. w 'dry • Attach this card to the back of the mailpiece, B. Received by(Panted Name) Date of r:livery or on the front if space permits. 1. Article Addressed to: D. Is delivery address differentfrom item 1? • Yes If YES,enter delivery address below: O No /9/f4%Ceanr'e C�r�cc /r5 gage Core/lc// ag 4). &rand/eve Site /Z ,' nfva/e NS 07695-aiee 3 ceType ,p Certified Mail O Express Mail O Registered O Return Receipt for Merchandise ❑Insured Mall O C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number tnansfer from service label) 7004 2890 0003 5709 8471 PS Form 3811,February 2004 Domestic Return Receipt lozsssm-M-/sao Hello