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HomeMy WebLinkAbout20010769.tiff -warAra AT&T Broadband 8000 East Iliff Avenue Denver,Colorado 80231 February 1, 2001 ril7F7STW-1, VIA CERTIFIED MAIL RRR 7099 3220 0002 7200 1954 Cyndy Giauque ¢ L I _ 2001 I;I I Assistant County Attorney Weld County 1:CUNTY 915 10th Street, 3rd Floor ATM?: 7'?OFFICE Greeley, Colorado 80631 Dear Cyndy: To start I would like to introduce myself; my name is Natalie Mihalek and I am the Franchise Compliance Coordinator for the Front Range Region of AT&T Broadband, which includes Weld County. Enclosed please find the originally executed Franchise Bond in the amount of twenty-five thousand dollars ($25,000.00)as required by Section 25. of the Franchise Agreement by and between the County of Weld, Colorado, and Comcast Cablevision of Colorado I, LLC I/k/a AT&T Broadband. I do hope that we are able to meet sometime in the near future. If you have any questions or concerns, please do not hesitate to contact me at 303-603-5012. Sincerely, Comcast Cablevision of Colorado I, LLC I/k/a AT&T Broadband Natalie Mihalek Franchise Compliance Coordinator cc: Wendy Farley d 2001-0769 03 21-,200/ +�Ca aeb gee Cp Recycled Paper THIS BOND REPLACES AND SUPERSEDES BOND NO. 10088717096150 ISSUED BY AETNA CASUALTY AND SURETY COMPANY OF AMERICA ON NOVEMBER 13, 1996 FRANCHISE BOND Bond No. SE2815 KNOW ALL MEN BY THESE PRESENTS,That we, Comcast Cablevision of Colorado I, LLC, a subsidiary of AT&T Corp. as Principal, and St. Paul Fire and Marine Insurance Company, a corporation of the State of Minnesota, as Surety, are held and firmly bound unto The County of Weld, , Board of County Commissioners, P.O. Box 758, Greeley, CO 80632 as Obligee, in the sum of Twenty Five Thousand and 00/100 Dollars ($25,000.00), lawful money of the United States of America, to be paid unto said Obligee, its successors and assigns,jointly and severally,firmly by these presents. WHEREAS, the above bound Principal has entered into a written agreement with the Obligee which grants a Franchise to the Principal to use its public streets and places to transmit and distribute electrical impulses through as open line-coaxial antenna system located therein. Principal has agreed to faithfully perform and observe and fulfill all terms and conditions of said Franchise agreement referred to above and said agreement is hereby made part of this bond with like force and effect as if herein set forth in length. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall well fully indemnify and reimburse the obligee for any loss that they may suffer through the failure of the Principal to faithfully observe and perform all obligations and duties imposed upon the Principal by said Franchise agreement, for which a bond must be posted,then the above obligation to be void;otherwise to remain in full force and effect. PROVIDED,HOWEVER,it shall be a condition precedent to any right of recovery hereunder,that in event of any default on the part of the Principal, a written statement of the particular facts of such default shall be within thirty (30)days,delivered to Surety at 160 Water Street,New York,New York 10038 by registered mail. PROVIDED, HOWEVER, That no claim, suit or action under this bond by reason of any such default shall be brought against Surety unless asserted or commenced within twelve (12) months after the effective date of any termination or cancellation of this bond. PROVIDED,HOWEVER,that no right of action shall accrue under this bond to or for the use of any person other than the Obligee,and its successors and assigns. PROVIDED,HOWEVER,that this bond may be terminated or cancelled by Surety by thirty(30) days prior notice in writing from Surety to Principal and to 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. The liability of the Surety shall be limited to the amount set forth above and is not cumulative. IN WITNESS WHEREOF, the Principal and Surety have signed and sealed this instrument this 13th day of November, 2000. Comcast Cablevision of Colorado I, a subsidiary of AT& or . By: Paul Riley,Assistant Secret y St.Paul Fire and Marine Insurance mpany GU/ 112010 By: �act Terry Ann onzales-Selman, Attorney-in- act STATE OF NEW JERSEY COUNTY OF SOMERSET On this 13th day of November , 2000 , before me,the undersigned notary public, personally came: Paul Rilev to me known and who, being duly sworn by me, did depose and say that he works in Basking Ridge,New Jersey and that he is the Assistant Secretary of the corporation described within and that he executed the foregoing instrument. Brian. E. Stuhr My Ccrrurnission Expires (Notary Public) 04-01-2001 6m- HeSIMUI POWER OF ATTORNEY RI Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company Power of Attorney No. 21637 Certificate No. 5 7 5 5 4 9 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,and that St. Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland.and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the "Companies"), and that the Companies do hereby make,constitute and appoint Migdalia Otero,Paula Yip-Ying,J.Holland, Shirley Dewely,Vincent Moy,Theresa Giraldo,Ana W. Oliveras, Tracey D.Watson, Sheilah McGuckin,Terry Ann Gonzales-Selman,Kimberly A.Bruno,Robyn Walsh, Beverly Woolford,Christopher J.McCarty and Debra L.Teplitzky New York New York of the City of ,State ,their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons. guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and sealed this 6th day of March , 2000. Seaboard Surety Company ' " " ..United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance CogrpBoy 1��Vt�ism" tolitit S'-'1•22 ,;.;\ Et'''.li-":"No‘ 1927it tam ]OHN E pHINNEY,Vice President Sf.AL;o �ssxa•� z 19 1951. figitt''carca'�r ra r:.w / `M.IMF' '"et> l' rTiOtae-,ni �(� / Y.C State of Maryland UUU City of Baltimore THOMAS E.HUIBREGTSE,Assistant Secretary On this 6th day of March , 7000 , hefore me. the undersigned officer, personally appeared John F. Phinney and Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St. Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument are the corporate seals of said Companies;and that they,as such, being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. cpnEndisfr (,R/�tta n--el /�'�y 1'/, �� 'YOr In Witness Whereof,I hereunto set my hand and official seal p0�� r My Commission expires the 13th day of July,2002. Ab NO REBECCA F.ASLEY-ONOKALA,Notary public CO 86203 Rev.7-2000 Printed in U.S.A. / 1' This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters.Inc.on September 2, 1998,which resolutions are now in full force and effect,reading as follows: RESOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating to said business may be signed,executed,and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s)of Attorney for and on behalf of the Company may and shall he executed in the name and on behalf of the Company,either by the Chairman,or the President,or any Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company,and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached;and RESOLVED FURTHER,that Attorney(s)-in-Fact shall have the power and authority,and, in any case, subject to the terms and limitations of the Power of Attorney issued them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other writings obligatory in the nature thereof,and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I,Thomas E. Huibregtse,Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St.Paul Guardian Insurance Company, St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I hereunto set my hand this 13th day of November 2000 sm O p M.ISGF .c�ItYA'b key, VT °® toN E 7927 � � CY 4,4 / SE 11%Pi iSBAL�s aAO F S AM.id�/ n $ {' `fit.IMI Thomas E. Huibregtse,Assistant Secretary To verify the authenticity of this Power of Attorney,call 1-800-421.3886 and ask for the Power of Attorney clerk. Please refer to the Power of Attorney number, the above-named individuals and the details of the bond to which the power is attached. • • 5 ' e ' ,.. a.� t n.0 2 SURETY ACKNOWLEDGEMENT - NY STATE OF NEW YORK COUNTY OF NEW YORK On the 13th day of November in the year moo , before me personally came Terry Ann Gonzales-Selman to me known, who, being by me duly sworn did depose and say that he/she resides in New York , NY, that he/she is the Attorney-in-Fact of the ST. PAUL FIRE AND MARINE INSURANCE COMPANY , the corporation described in and which executed the above instrument that he/she knows the seal of said corporation that the seal affixed to said instrument is such corporate seal that it was so affixed by order and the affiant did further depose and say that the Superintendent of Insurance of the State of New York has pursuant to Section 327 of the Insurance Law of the State of New York issued to ST. PAUL FIRE AND MARINE INSURANCE COMPANY his/her certificate of qualification of said Company and its sufficiency under any law of the State of New York as surety and guarantor and the propriety of accepting and approving it as such and that such certificate has not been revoked. PAULA YIP-YING Notary Public,State of New YYolkNo.24-24.0iV14894487 Qualified in Kings County CA^NWte riled in New York County Commisio, titav 28, a,00 I otary Public Financial Statement — December 31. 1999 St. Paul Fire and Marine Insurance Company Assets Liabilities. Surplus & Other Funds Bonds S 7,360908_209 Losses S 6.385.471.184 Stocks 4,558,379,126 Reins. Payable on Paid Losses 27.670.770 Mortgage Loans L000.000 Loss Adjustment Expenses 1.463.856.071 Real Estate 698.641.13: Contingent Commissions 2_7.741.641 Cash on Hand/Deposit 22.860,772 Other Expenses 149,951.089 Short Term Investments 447.292_.427 Taxes. Licenses and Fees 40.343.096 Other Invested Assets 934.058.820 Federal & Foreign Income Taxes 268.546.766 Receivable for Securities 35,349 217 Unearned Premiums 1.485.861.391 Agents' Balances 937,767.434 Dividends Unpaid - Policyholders 41.780.039 Funds held dep with Reins Co 70,860,431 Fund Held - Reins. Treaties 50.25.5.311 Reinsurance Recoverable 67.589.140 Funds Withheld 88.289.579 Guaranty Funds Receivable 5,490.800 Remittances and items not allocated 42.155,768 EDP Equipment 28.595.201 Provision for Reinsurance 78.176.068 Accrued Interest & Dividends 135.892_,908 Adjustment for Foreign Exchange 59.916,030 Equity/Deposits/Pools & Assoc. 47.919.540 Drafts Outstanding 92.875.598 Other Assets 138,370,316 Payable to Affiliates 41,551,585 Payable for Securities 7.905.189 Other Liabilities 305,469,450 Special Reserve-Guaranty Fund 1,000,000 TOTAL LIABILMES 10.658.805.625 Guaranty Surplus Fund 1.000.000 Capital Paid Up 20,000.000 Surplus 4,818,178,848 Surplus as Regards Policyholders 4,839.178,848 TOTAL ASSETS $15 497 084 473 TOTAL LIABILITIES & SURPLUS Sp 497 984 473 Securities earned at 5676,702.264 in the foregoing scat--'nt, are deposited as required by law STATE OF MINNESOTA ) ) SS COUNTY OF RAMSEY ) John C Treace. Vice President and Controller of the St Paul Fire and Marine Insurance Company, being duly sworn. deposes and sa's that he is the above descnbed officer of said compam. that said company is a corporation duly organized. exrsung and engaging in business as a surety company under and bt nrtue of the laws of the State of Minnesota and has duly complied with all requirements of the laws of said sate applicable w said compam and is duly qualified to act as surety under such laws. that the above is a true statement of the assets and liabilities of said company of the 31" day of December, 1999. Subscribed and sworn to before me this 228'"day of February 2000 M U U8O15 Nice Pre dent Controller r John C Trea;ti. _ ••. _ r.�t:v'iv W:BIfC.LrMv=.iC i:. i --f ' .....1.g.:-..; 1 y NY CAMMIS$IQN I g-14 u'sta[depvomrn paur.4 . -'• EXPIRES JAN.31,2035 I Hello