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Home My WebLink About870042.tiff AR2085410 RESOLUTION RE: TRANSFER AND ASSIGNMENT OF CABLE T.V. FRANCHISE TO JOSHUA CABLEVISION, INC. 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, Weld County, Colorado (the "County") , approved and nt, 0 enacted Ordinance No. 94 on December 14 , 1981 , authorizing the o U grant of a cable television franchise , and on November '24 , 1980 , adopted a Resolution granting to Satellite Communications r" 8 Television , Inc. ("SCCT") , a cable television franchise , and U 0 WHEREAS , the shareholders of SCCT desire to sell all of the • capital stock of SCCT to Joshua Cablevision , Inc. , a Colorado in- 41 corporation ("Joshua") , and Joshua desires to assume all of the A duties and obligations of SCCT under the franchise, and 0 U a WHEREAS , Joshua will merge or liquidate SCCT into itself so w that Joshua will hold the franchise directly, and a WHEREAS , the Board of County Commissioners of the County of co U Weld recognizes that Joshua will be serving only a small area in N I-1 Weld County of less than 500 subscribers , and 0 WHEREAS, the applicant has presented facts sufficient to o persuade the Board of County Commissioners of the County of Weld w to invoke the WAIVER OF REQUIREMENTS of Ordinance No. 94-A, Z amending Ordinance No. 94 in a limited manner as hereinafter set OD o zz forth, and N O WHEREAS, application has been duly made by Joshua requesting approval of the transfer of the franchise. M C CO tir 'i0 NOW, THEREFORE, BE IT RESOLVED by the Board of County w Commissioners of the County of Weld , State of Colorado: 870042 Page 2 RE: TRANSFER AND ASSIGNMENT OF CABLE T.V. FRANCHISE TO JOSHUA CABLEVISION, INC. Section 1 . The County of Weld , Colorado, hereby consents to and approves the transfer of all of the captial stock of SCCT to Joshua and the subsequent merger or liquidation of SCCT into Joshua, and to the assumption by Joshua of all the duties and d o obligations under the franchise , such assignment and transfer to o U be effective upon the transfer of the stock of SCCT to Joshua. 0 No Section 2. That the County acknowledges that as of the date a hereof, the franchise is in full force and effect , the same is 0 w held by, and the rights and privileges granted thereunder, inure to the benefit of SCCT, and that, to the best knowledge of the o Wirk County, SCCT is in full compliance with the franchise. 0 0 Section 3 . That the consents and approvals hereby granted rn are given pursuant to the terms and provisions of the franchise w but do not, however, constitute and shall not be construed to constitute a disclaimer or waiver of any rights granted or any duties or obligations imposed by the franchise, except as provided herein. coo oz • H Section 4 . That the County hereby approves and consents to o the transfer and assignment of the franchise by SCCT to Joshua ' a subject to the following exception hereby granted pursuant to the o WAIVER OF REQUIREMENTS of Ordinance No. 94-A, amending Ordinance tr▪ w No. 94 : o z oz o The County recognizes that, based on the history of this franchisee, it would be unduly burdensome to require compliance with Section 9 under the heading, APPLICATION, at this in o time, provided, however, that an audited N financial statement be provided the Clerk to "10 the Board of County Commissioners on or before w w May 1 , 1987. Section 5 . That the franchise was duly and legally adopted and approved by the County and is for a term ending as stated in the aforesaid grant of franchise dated November 24, 1982, and that said franchise is hereby validated , ratified, and confirmed. 870042 Page 3 RE: TRANSFER AND ASSIGNMENT OF CABLE T.V. FRANCHISE TO JOSHUA CABLEVISION, INC. Section 6 . That Joshua shall be controlled at all times during its operation , installation , and maintenance of the system pursuant to the franchise by any provisions of the ordinance or code of the County relative to cable television franchises and any such terms of said ordinance or code are incorporated herein as if o fully restated . oU O en O Section 7. That the sections of this Resolution are hereby declared to be severable, and if any section , provision , or part 4 hereof shall be held to be unconstitutional or invalid or o O 3 unenforceable , such section , provision , or part shall be fully severable and this Resolution shall be construed and enforced as tO„.W if such section, provision , or part had never comprised a part • hereof and the remaining sections, provisions , and parts hereof o shall remain in full force and effect and shall not be affected by • any unconstitutional or invalid or enforceable section , provision, rn a or part, or by its severance herefrom. .. .. w co (-4g Section 8. That the County further consents to and approves m• v the mortgage , pledge, grant of security interest, or encumbrance of the franchise and the system in order to secure indebtedness or oz obligations owed by Joshua or which thereafter may be incurred by NH Joshua with respect to which a security interest is granted to a c y secured party (the "Secured Party” ) in all or substantially all of a the assets of Joshua, and to the exercise by the Secured Party of o its rights as a Secured Party in the franchise in the event of a d default by Joshua in the performance of its indebtedness or z obligations secured hereby, provided however, that in the event of o z a foreclosure by reason of the aforesaid indebtedness , the County o4 hereby reserves the right to approve of any purchaser (s) at a z foreclosure sale (or for a lender (s) to own and operate the same w(X X as mortgagee-in-possession) , and to the operation of the system pursuant to and in accordance with the franchise by the 01 ON purchaser (s) or any said lender (s) and then only upon application cr CO as provided for by Ordinance No. 94 , and the acceptance of the '"/ O rights and obligations of the franchise. co P4 Section 9 . This franchise shall become effective upon acceptance of the transfer of Joshua and continue and remain in effect immediately upon its passage, approval, and adoption. 870042 Page 4 RE: TRANSFER AND ASSIGNMENT OF CABLE T.'S/. FRANCHISE TO JOSHUA CABLEVISION, INC. The above and foregoing Resolution was, on motion duly made and seconded , adopted by the following vote on the 19th day of January, A.D. , 1987. -- ' 's BOARD OF COUNTY COMMISSIONERS ATTEST: ‘1111 WELD CO N LOR O aN TJ Weld Cou2tt'y O.t'k?; Recorder and Clerk04 -tines: Bo Go do acy, rman -By^ _ cr» , eputy r u p C rk C. Kir ,n Pr Tem C APPROVED/AS TO.-FORM.•` /� it t?tki . /AY.- )G� Gene R. Brantner " County Attorney L \ I� �que ,e J b sonid, o o (.3 O Frank Yamaguchi U o OW O3 a v) W 0 a 0 0 W ON P4 0 '- W r4 m U O z N H 0 E.- ocn a W 0 r-i C0 - W w z o z N y' a W en o ✓ O1 .-+ O 870042 Xi w o JCr- ..;.,1-, . ___?,,) tW v $ It { _ 0• C- S�f 4. i hAl ! . ~ . i 4r h p� la J Ii, f. r. ti a ro n ; AI < t iP0 \ , , , ... 4-) aa) 4.; 1 a H a7N ,e • R { Y•. r ri 0 al CO o � o ,0 ,'_j ' C.) 0 ,g ' 0 ago O i 1s,. ` A C) • S 3 ON a G3 H •.0 • • • N - . M • ? 0 ,rl nu a. f=, a] ! rl H O ; I O ft " a+ a► • O 0" :: - 0 r-I V] N • i U u A o = E ' �[3 V O a0 - a.' ! m az ' O O _ a v � oc� • � � .40 c0O O , . C ,D 1/40 d i ... _ ,'r ,c�,d 1-� - 217 mEmoRAnDurmm VIID€ To Board of County Commissioners Thomas O. David pate January 16 , 1987 COLORADO From Bruce T. Barker, Assistant County Attorney Transfer and Assignment of Cable T. V. Subject: Franchise from Satellite Communications to Joshua Cablevision , Inc. On Monday, January 19 , 1987 , you will be asked to approve the transfer and assignment of a cable T.V. franchise from Satellite Communications Cable Television, Inc. , to Joshua Cablevision, Inc. This transfer and assignment is pursuant to Weld County Ordinance No. 94 , as amended by Ordinances 94-A and 94-B. The franchise is currently held by Satellite Communications Cable Television , Inc. The company has held the franchise since November 24 , 1982 . The franchise serves approximately 59 homes in the Johnstown area. It is my understanding that Satellite Communications is a division of a larger corporation based in Seattle , Washington. The larger corporation desires to sell the Satellite Communications franchise because the corporation has been having problems managing the cable T. V. company from their home office in Seattle. Joshua Cablevision, Inc. , will receive all of the assets and liabilities of Satellite Communications. Joshua is a subsidiary of Fanch Communications, Inc. Fanch has its home offices in Denver. Fanch Communications is solely in the business of operating cablevision corporations. As a result, Joshua Cablevision probably will provide better management and service for its subscribers than did Satellite Communications. It appears to me that the application by Joshua Cablevision, Inc. , is complete. Mr. Dean Wandry, Vice President and General Manager of Fanch Communications , will be present at Monday' s meeting. At that time, he will submit the franchise fee of approximately $225. 00 owed by Satellite Communications for the period July, 1987, to December, 1987. Joshua Cablevision will pay a franchise fee after each quarter in the year 1987 , as required by Ordinance 94, as amended. Mr. Wandry has stated that he will provide the Board with a certificate of insurance , naming both Joshua Cablevision and Weld County as the named insureds. In addition , Mr. Wandry has assured me that he will take care of the performance bond or letter of credit as required by Ordinance No. 94 . Therefore, I recommend that the Board approve the assignment and transfer of the cable T. V. franchise from Satellite Communications , Inc. , to Joshua Cablevision, Inc. . z m / _ _ Bruce T. Barker Assistant County Attorney BTB: ss FANCH C•MMUNIC • TI•NS TNC. 360 South Monroe Strt December 17 , 1986 Suite 330 Denver, Colorado 80209 (303) 333-3707 Mr . Mike Kelly Weld County Attorney P.U. Box 1948 Greeley, CO 80632 Dear Mr . Kelly: In response to your telephone calls, I have prepared the following information regarding Joshua Cablevision , Inc. I , however , point out that in accordance with the transfer section of the contract this is far more that what is required and hope that this means that the remainder of the approval process will be expedited as a result of this extra effort on our part . Thank you for your prompt consideration of this request which has been well outlined in the letter from Satellite Communications and the suggested ordinance attached thereto . Sincerely , shua Cablevision , Inc . l� �ti, Z, tza �� Dean Wandry �'� Vice President/General Manager 0 p�Ci u1o'�o - V ' \ UW/pm \;, ©etc — 1 . Transfer ownership and control to: Joshua Cablevision, Inc. 360 South Monroe St. , #330 Denver, CO 80209 2. Joshua will retain the office in Johnstown and maintain the agents or other office requirements in the other franchises. We currently have 1 1/2 office employees and 1 1/2 technical employees. A local phone number is available to all subscribers and potential subscribers. The main office address is: 10 South Parish Ave. P.O. Box 356 Johnstown, CO 80534 Attached ar•e channel lineups for the three current headends. Weld County residents receive signals from the nearest headend. 3. Currently we have a channel available in each system capable of displaying locally produced programs. There have been several programs produced by our own staff and displayed on these channels. Our goal is to have this local access become a service for the residents to use. Our current equipment, which includes a camera, tripod, lights, battery pack, VHS and Beta recorders and playback equipment would be available for use by local subscribers for this purpose. 4. Joshua will provide the staff for training on the use and care of the access equipment. No funds are allocated for production by our- own staff. 5. Current charges and rates: Service Monthly Installation Basic $9.95 KI, $12.95 JI & EI $15.00 K, $20.00 J & E 1st Premium $9.00 K, $ 9.50 J & E 2nd Premium $7.00 K, $ 7.50 J & E 3rd Premium --- $ 6.50 J & E 4th Premium --- $ 5.50 J & E Disney --- $ 8.00 J & E Extra Outlets $3.00 K, $ 3.50 J & E Reconnect $10.00 K, J & E Adds of Service $10.00 K, J & E I K = Kersey, J = Johnstown, E = Eaton headends- 6. The owners of Joshua Cablevision, Inc. , are: Shares Robert C. Fanch 2154 Louis E. Edmondson 700 John A. Barber 538 , 4 Terry Hulseburg 107 . 6 A. Dean Wandry 300 Joshua was incorporated November, 1986 in the State of Colorado. Financial statements are not available since there have been no operations as yet. 7. Although Joshua is not related to any parent company and is not a parent to any other company, the owners of Joshua are currently related through the ownership of numerous other cable systems listed on the attached sheet. Also, Mr. Robert C. Fanch is the owner of Fanch Communications, Inc. , which will manage Joshua and which already manages the other entities listed on the attached sheet. 8. No agreements, verbal or written, exist, other than the management contract with Fanch Communications, Inc. , previously mentioned and the agreements with leaseholders of Satellite to assume those leases. 9. No financials exist due to the recent formation of the company. 10. The system is already existing which is capable of 35 channels forward and 4 channels reverse. (Reverse electronics are not in place. ) 11 . Board of County Commissioners Weld County, Colorado Dear Board Members: I have read ordinance 94 and believe all requirements for the system have been met by the existing system. Sincerely, Joshua h j � Cablevision, Inc. Dean Wandry Vice President/General Manager 12. The only other franchise held by Joshua Cablevision, Inc. , is for the Town of Joshua, Texas. It was transferred to Joshua Cablevision, Inc. , on December 9, 1986, and the purchase contract was closed on December 18, 1986. , The towns of Johnstown and Kersey, Colorado, have agreed to transfer their cable franchise to Joshua, however, the purchases can not be consummated until all six towns and Weld County give their approval. The other four towns have scheduled dates to consider the transfer from Satellite to ' Joshua. 13; No officer, director or owner of Joshua Cablevison, Inc, , has ever been convicted of any felony. 14, Experience statement - see attached biographies on Fanch Communications, Inc, , employees. 15. Not applicable. 16. Description of the boundaries of the proposed areas of service: Johnstown and Milliken System - Area south of Johnstown known as Mexican Colony. Area north of Johnstown known as Little Johnstown. Approximately six homes adjacent to Milliken Town line. Kersey System - Areas south of Kersey known as Sandy Knolls Boulevard, Eaton, Ault and Pierce System - Approximately five homes adjacent to Town lines. Also, as home growth occurs, we desire to continue to extend our service to homes that are within a reasonable distance from homes already being served. SATELLITE COMMUNICATIONS CABLE TELEVISION 25 Oak Eaton , Colorado Serving: Eaton-Ault-Pierce 454-3250 CHANNEL AFFILIATION 2 KWGN-Denver 3 Local 24 Hour weather and info 4 KCNC-Denver 5 KYCU-Cheyenne ' 6 KRMA-Denver 7 KMGH-Denver . 8 CNN-24 Hour News 9 KUSA-Denver 10 WON-Chicago 11 ESPN-Sports 12 KBDI-Broomfield 13 WTBS-Atlanta * 15 ( B ) 48 HBO * 17 ( D ) 50 CINEMAX 18( E) 51 NICKELODEON 19( F ) 52 CBN-Religious , Specialty 20(G) 53 USA NETWORK 21 ( 11 ) 54 SIN-Spanish 22 ( I ) 55 KUVR-31-Denver *'23 ( J ) 63 The Disney Channel. 24 ( K ) 64 ' The Nashville Network *Premium Channels OFFICE HOURS MONDAY TIIRU FRIDAY 1-5 AFTER HOURS FOR EMERGENCYS PLEASE CALL • 587-4649 AND LEAVE YOUR NAME, ADDRESS , PHONE NUMBER AND MESSAGE . PLEASE CHECK • YOUR LOCAL CHANNEL 3 FOR ANY CHANGES ! ! SATELLITE COMMUNICATIONS CABLE TELEVISION 10 So. Parish Johnstown , Colorado SERVING-KERSEY 587-4649 CHANNEL AFFILIATE 2 WGN-Denver 3 CNN-24 hour news channel 4 KCNC-Denver-NBC 5 KYCU-Cheyenne-CBS 6 KRMA-Denver-PBS 7 KMGH-Denver-CBS 8 ESPN-Sports 9 KUSA-Denver-ABC 10 WGN-Chicago 12 KBDI-Broomfield 13 WTBS-Atlanta * 15( B ) 48 HBO * 17 ( D) 50 CINEMAX 18( E) 51 NICKELODEON-Childrens 20 (G ) 53 CBN-Religious , specialty 22( I ) 55 LOCAL ORIGINATION *PREMIUM CHANNELS AFTER HOURS FOR EMERGENCYS , PLEASE CALL 587-4649 AND LEAVE YOUR NAME, NUMBER , ADDRESS AND MESSAGE ON OUR RECORDER . ; 11TLI,LI 'fl: CUIlIJUNICA'! DNS CABLE TEIEVISION 10 So. Parish Johnstown , Colorado Serving Johnstown-Milliken 587-4649 CHANNEL AFFILIATION 2 WGN-DENVER 3 "24 Hour" LOCAL WEATHER , TIME AND INFO. 4 KCNC-DENVER-NBC 5 KYCU-CHEYENNE-CBS 6 KRMA-DENVER-PBS 7 KMG11-DENVER-CBS 8 ESPN-SPORTS 9 KUSA-DENVER-ABC 10 WON-CHICAGO 11 USA NETWORK 12 KBDI-BROOMFIELD 13 NICKELODEON-CHILDREN ' S *14 ( A ) IIBO *15 (B ) CINEMAX *16 ( C) SHOWTIME *17 ( D ) DISNEY 18 ( E ) WTBS-ATLANTA * 19 ( F ) KDVR-31 -DENVER PREMIUM CHANNEL *20( 0 ) GALAVISION 21 ( 11 ) SIN-SPANISH 22 ( I ) LOCAL ORIGINATION 25 ( L ) CNN"24 HOUR NEWS" 26 (M ) THE NASHVILLE NETWORK 27 ( N ) C13N-RELIGIOUS/FAMILY FOR EMERGENCY SERVICE AFTER HOURS , PLEASE CALL 587-4649 , AND LEAVE YOUR NAME , ADDRESS , PHONE NUMBER , AND MESSAGE ON OUR RECORDER . FARCE COMMUNICATIONS, INC. AND ROBERT C. FARCH December, 1986 FANCH COMMUNICATIONS, INC. Currently operating the following systems: Location Basic Subscribers Micanaopy, FL 5,100 Oxford, MI 3,100 Jefferson County, CO 1 ,100 South Sioux City/Wayne, BE 3,600 Azle/Hood County, TX 2,300 Forest Lake, MN 2,000 Cambridge, MA 3,000 Platteville/Gilcrest, CO 450 Columbine Valley, CO 550 Hurricane/LaVerkin, UT 750 Green River, UT 200 22,150 To add in December, 1986: Satellite Communications, CO 1,230 Joshua, TX 350 FANCH COMMUNICATIONS, INC. Fanch Communications, Inc. , was founded in 1985 by Robert C. Fanch. It is a totally self-sufficient cable television management organization which provides general management direction, financial administration, tax preparation, legal support and technical advice for the Cable T.V. properties owned or managed by Robert C. Punch and his associates. These services are provided on a daily basis using the knowledge gained by employees in over forty (40) years of cable television experience. In addition, several system managers have over twenty (20) years experience at the local level and serve as resources for the organization. ROBERT C. (BOB) PARCH, PRESIDENT Mr. Fanch is experienced in all phases of cable television operations. His initial involvement in the industry began in 1969 while employed by Coopers and Lybrand, a Big Eight accounting firm. In 1972, Mr. Fanch was employed by American Television and Communications Corp. as Manager of Financial Analysis and other positions which gave him operational experience. In 1975, he formed Coaxial Analysts Inc. and served as the President of the Financial Services Division for ten (10) years. Coaxial Analysts is one of the largest cable television consulting firms with offices in Denver and London. The Coaxial group of companies included a construction company, brokerage firm, satellite services, converter repair company, and a computer graphics software firm. Mr. Fanch played a significant role in the development and operation of all these firms. In 1985, Mr. Fanch formed Fanch Communications, Inc. , for the purpose of acquiring and operating cable television properties. Mr. Fanch is a certified public accountant with a Bachelor of Science degree from Clarkson University and a Master of Science degree in Finance from the University of Denver. He is a former member of the National Association of Securities Dealers. A. DEAN VANDRY, VICE-PRESIDENT/GENERAL MANAGER A. Dean Wandry is a graduate of the University of Colorado with a degree in Economics. He also received four (4) years of communications electronics training and experience in the U.S. Navy. Mr. Wandry was employed by Bayly Corp. a multinational apparel manufacturer for fourteen (14) years. Upon his departure in 1981, he held the position of President of the Sales and Marketing Division with sales of over $100,000,000 annually. Mr, Wandry then served as Vice-President of Sales and Marketing for Conquest Cable, a Cable T.V. construction firm and in 1982 formed Citation Cable Systems, Ltd. , to franchise, build and operate cable systems. Citation operates six (6) systems in three (3) states and is now part of the Fanch organization. LOUIS E. EDMONDSON, VICE-PRESIDENT ENGINEERING Mr. Edmondson has over twenty (20) years in the cable industry with strong experience in Cable T.V. design, system management, franchising and the technical aspects of system maintenance. Mr. Edmondson has been employed by Daniels and Associates and American Television and Communication (ATC) where he received extensive experience, training and cable television knowledge. In 1980, Mr. Edmondson formed R. F. Analysts which is the second largest converter repair firm in the U.S. , repairing over 200,000 converters annually. Currently, Mr. Edmondson is responsible for the technical operation of all Cable T.V. properties managed by Fanch Communication. LINDA SJORKLUND CONTROLLER Ms, B,jorklund holds a Bachelor of Science degree in Accounting and is a Certified Public Accountant. She serves as controller for Fanch Communications, Inc:, , and her responsibilities include implementing accounting systems, tax preparation, payroll and banking at the local system level . All Fanch Communication personnel visit the local systems to provide specific assistance, review budgets, set goals and plan activities. This provides the local operation with access to experience and knowledge not ordinarily available to a smaller system and it gives backup in times of problems. Legal assistance for Fanch Communication is provided by: Cameron and Mittleman 30 Exchange Terrace Providence, RI 02903 (401) 331-5700 David Mayer, Esq. Audits and professional tax counseling is provided by: Harding and Hittesdorf Certified Public Accountants 600 Grant Street, Suite 504 Denver, CO 80203 (303) 832-5700 Stephen M. Hittesdorf, CPA Satellz_e o.. :.::.ice'-_on .. Cable Television P.O. BOX 3029 Kirkland, WA 98083 ��/// (206) 827-4884 FPANCHISE FEE SCHEDULE - r7 ` 'i° AUG 1,1986 lUe� Location . +� /9 ,��,, e 128k Period Ja h�• Gross Revenue Less: —, Licenses & Royalty Installation Net 4505 . �j/C� Franchise fee rate_x_________ FPANCHISE FEE 'Z ^' . 3 O IN IF.-:E.3^ l'l ' _ _ i ..``e The Hanover Insurance Companies n ® The Hanover Insurance Company O Massachusetts Bay Insurance Company FRANCHISE BOND Bond No. BLZ1553503 Know all men by these presents, That Joshua Cablevision as Principal, and IAYcTHE HANOVER INSURANCE COMPANY, a corporation of the State of New Hampshire, 0 MASSACHUSETTS BAY INSURANCE COMPANY, a corporation of the Commonwealth of Massachusetts, having its executive office in Worcester, Massachusetts as Surety, are held and firmly bound unto Weld County, P n nnx 758, Greeley, Colorado 80632 hereinafter referred to as Obligee in the penal sum of Two Thoti qand and op two_ ($ 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 the Municipality to transmit and distribute electrical impulses through an open line-coaxial antenna system for television receivers located within said Weld County NOW THEREFORE, the condition of this obligation is such, that if the above bound principal shall faithfully perform, well and truly observe and fulfill the terms and conditions of the franchise, then this obligation shall be null and void; otherwise, it shall remain in full force and effect until terminated or cancelled. 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 showing the date and nature of such default shall be immediately delivered to the Surety by certified mail at 440 Lincoln Street, Worcester, Massachusetts 01605. AND PROVIDED FURTHER that no action, suit or proceeding shall be had or maintained against the Surety on this instrument unless the same be brought or instituted and process served upon the Surety within twelve 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 cancelled by Surety by giving thirty (30) days prior notice in writing 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. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 17th day of July 19 87 . WITNESS: Joshua Cablevision (Seal) Inn; p�pp (Principal) - �aica / I) B, r Approved and Accepted by: ( tie) Obligee ® THE HANOVER INSURANCE COMPANY O MASSACHUSETTS BAY INSURANCE COMPANY Title Attorney-in-Fact , aerp' \ v. �ti9y Shirley A. Harkins ti 4 . Date dry \, a k _I 870042 , Form 181-1079 (8/81) O. 7,;# No7,;# The Hanover Insurance Company POWER OF ATTORNEY • CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS:That THE HANOVER INSURANCE COMPANY,a corporation organized and existing under the laws of the State of New Hampshire, does hereby constitute and appoint - James J. Nevins, William G. Franey, Brenda L. Davis, John R. Muha, II, and/or Shirley A. Harkins — of Capitol Heights, Maryland and each is its 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,at any place within the United State's,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, in any amount — And said Company hereby ratifies and confirms all and whatsoever said.Attomey(s)-in-fact may lawfully do in the premises by virtue of these presents. This appointment is made under and by authority of the following Resolution passed by the Board of Directors of said Compare at a meeting held on the seventh day of October, 1981. a quorum being present and voting, which resolution is still in effect: "RESOLVED.That the President or any Vice President.in conjunction with any Assistant Vice President,be and the. are herein authorized and empowered to appoint Attorneys in-fact of the Company,in its name and as its acts,to execute and acknow ledge for and on its behalf as Surety am and all bonds,recopizanres,contracts of indemnity,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 Attomeysin-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. IN WITNESS WHEREOF.THE HANOVER INSURANCE COMPANY has caused these presents to be sealed with its corporate seal duly attested by its Vice President and its Assistant Vice President, this 4th day of March 19 86 THE HANOVER INSURANCE COMPANY Vice President 1 C,(C� (Seal) Assistant Vice President O C�i o�o DlWc 'q .s z THE COMMONWEALTH OF MASSACHUSET act', * AC ES% COUNTY OF WORCESTER :ca On this 4th day of Mat'2,h * l986 , before me came the ahoye named Vice President and Assistant Vice President of Theelantryebinsurancee.Y;ompa iiy,to me personally known to he the individuals and officers described herein,and acknowledged that the seal affix'ydZo bellttece4ipigindlntmentisthecorporatesealofTheHanoverInsuranceCompany and that the said corporate seal and their signatures li.T1i'crrn,weLe 9iilijafixed and s bed to s• d in intent 1, the r uthority and direction of said Corporation. oou 4r ax„✓yy (Seal) Notary Public My Commission Expires May 29, 1992 I,the undersigned Assistant Vice President of The Hanover Insurance Company,hereby certify that the above and foregoing is a full. true and correct copy of the Original Power of Attorney issued by said Company'.and do hereby further certify that the said Power of.Attorney is still in force and effect. This Certificate may be signed by fascimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company at a meeting held on the 7th day of October, 1981 "RESOLVED.That any and all Powers of Attune:,and Certified Copies of such Powers of\ttomet and certification in respect thereto.granted and executed by the President or any Vice President in conjunction with any Assistant Vire President at the '.pant shall he binding on the l.''.pan'to the same extent as if all signatures thereon were manually affixed even though one or more of any such signatures thereon may be facsunib'. GIVEN under my hand and the seal of said Company, at Worcester. Massachusetts. this 17th day of July 19 87 aT FORM 111-0402 15/851 Assistant Vice a President 870042 PEtitORMANCE BOND bond NoSC-R__38627-7 The premium for this bond is $ payable in advance and subject to adjust- FIREMAN'S FUND INSURANCE COMPANY ment at current manual rates. `ELM! THE AMERICAN INSURANCE COMPANY • NATIONAL SURETY CORPORATION C��-J ASSOCIATED INDEMNITY CORPORATION F' NS Fula AMERICAN AUTOMOBILE INSURANCE COMPANY INSURANCE COMPANIES KNOW ALL MEN BY THESE PRESENTS: That we, SATELLITE COMMON ATIONS CABLE TELEVISION, INC. as Principal, and Fireman's Fund Insurance Co. a corporation organized under the laws of the State of California and duly authorized under the laws of the State of Co rado to become sole surety on bonds and under- taking, as Surety, are held and firmly bound unto WELDC TY Weld o my A orney as Obligee IC T.? in the full and just sum of Two Thousand- I Dollars, ($---2,000.00--), lawful money of the d S tes of e c to be paid to the said Obligee, successors or assigns; Eti !or which payment, well and truly to be ade, w', -. ou elves, irs, ecutors, successors, administrators and assigns, jointly O Lie End severally, firmly by these presents. Lhe Condition of the above Obli ti i u hat her s e sa Pa cipal has entered into a contract of even date herewith with Ci he said Obligee to do and perfor t e f ing ark, to-OD .z INSTALLATIO OF TV SYSIl'EM► rs is more specifically set forth in aid contract, to which contract reference is hereby made; Vow therefore, if the said Prin I shall well and truly do the said work, and fulfill each and every of the covenants, conditions and • requirements of the said cont ct in accordance with the plans and specifications, then the above obligation to be void, otherwise to emain in full force and virt - - Vo right of action shall true under this bond to or for the use of any person other than the Obligee named herein. - - 'Sealed with our seals and dated this 10th day of December 19 82 op SATELL COMMUNICATIONS CABLE TELEVISION, INC. Ry• Fireman' s Fund Insurance Company Surety By 14 d&; BettyH. rona Attorney-in-Fact 360039-5-65 GFNER AI. POW EP OF • ATTORNEY - Fl MAN'S FUND INSURANCE COM .NY KNOW ALL MEN BY THESE.PRESENTS:Thai FIREMAN'S FUND INSURANCE COMPANY.a Corporation duly organized and existing under the laws of the State of California,and having its principal office in the City and County of San Francisco,in said State.has made,constituted and appointed. and does by these presents make.constitute and appoint • BETTY H. ORONA • PORTLAND, OR _- its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,seal,acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VIII.Section 30 and 31 of Bylaws of FIREMAN'S FUND INSURANCE COMPANY now in full force and effect. _ "Article VOL Appointment and Aut bony if Resident Assistant Set reradn.end Auarnrpin-Farr and Agents to atop Legal Process and Make Appearances, - Section HI.Appointment.The Chairman of the Board of Directors,the President.any Vice-president or any other person authorized by the Board of Directors.the Chairman of the Board of Direcio,n the Resident or any Vice-Resident.may.from time to time,appoint Resident Assistant Secretaries and Auorneys.in-Fact to represent and act for and on behalf of the Corporation and Agents to accept tent process and make appearances for and on behalf of the Corporation. • Section It Aurbmii,.The Authority of such Resident Assistant Secretaries.Attorneys-in-Fact.and Agents shall he as prescribed in the mum ment evidencing their appointment,and any such appointment and all authority granted thereby may be revoked al any lime by the Board of Directors or by any person empowered to make such appointment.' This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S .. FUND INSURANCE COMPANY at a meeting duly called and held on the 15th day of July. 1966, and said Resolution has not been amended or repealed: "RESOLVED,that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of this Corporation,and the seal of this __ Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney,or on any certificate relating thereto, by facsimile,and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation. ;Y 3 IN WITNESS WHEREOF. FIREMAN'S FUND INSURANCE COMPANY has caused these presents to be signed by its Vice-President, • and its corporate seal to be hereunto affixed this 3rd day of April 19 •]9 _ r., ��f/'''��FIREMAN'S FUND INSURANCECOMPANY 6 By Vice-President in STATE OE CALIFORNIA, • - CITY AND COUNTY OFSAN FRANCISCO } • •On this 3rd day of April 19 ]9 ,before me personally came William W. Lauber to me known, who, being by me duly sworn, did depose and say: that he is Vice-President of FIREMAN'S FUND INSURANCE COMPANY. the Corporation described in and which executed the above instrument:that he knows the seal of said Corporation:that the seal affixed to the said instrument is such corporate seal:that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written. • OFFICIAL SEAL 7 - a � 4 • _ .--j � SUSIE K. GILBERT a —<< _ E + "' , HOTARY PU2LIC- CAUFCRHIA 7 - Notary Public C ;;*•:-/ OTT a COUNTY OF Slat FRANCISCO R. _ p My Commotion Fapir,i Nov. I7, 1980 hi CERTIFICATE 1141114.140618.8111.1.101411121.011 U = STATE OF CALIFORNIA. . CITY AND COLNTY OF SAN FRANCISCO PI I. the undersigned. Assistant Secretary of FIREMAN'S FUND INSURANCE COMPANY, a CALIFORNIA Corporation. DO HEREBY CERTIFY that the foregoing and attached WWER OF ATTORNEY remains in full force and has not been revoked: and furthermore that Article VIII, ._ Sections )0 and 11 of the Hy-laws of the Corporation, and the Resolution of the Hoard of Directors, set forth in the Power of Attorney, are now in force. Signed and sealed at the City and County of San Francisco.Dated the l Cl day of December . 19_82 . 4. �As a tat Secretary �e�'�./ • 36071! tHOI—FF-3.78 v Hello