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Home My WebLink About901385.tiff Chartwell 5299 DTC Boulevord Suwte 260 Englewood. CO 80111 303/694-1700 FAX 694-0070 June 4, 1990 D E5,57 Bruce T. Barker , � r .� Assistant Weld County Attorney P.O. Box 1948 S J - j Greeley, CO 80632 —� t, 'TV RE: Chartwell Cable of Colorado, Inc. / p7T � ._,_ ' Cable Television Franchise Dear Mr. Barker: This letter is written in response to your letters dated May 25 and May 31, 1990, regarding some outstanding matters related to Chartwell Cable of Colorado, Inc. 's ("Chartwell") franchise in Weld County. Performance Bond. At your request, I contacted the agent for the Hanover Insurance Company regarding your requested amendment to Bond No. BCZ1773949 . The Bond was issued in December 1988 and will not expire until December 1991. I have enclosed a copy of my letter to Franey & Parr, the agents for Hanover, requesting that the Bond be amended via a letter to Weld County. Certificate of Insurance. Enclosed is a Certificate of Insurance issued by National Farmers Union Insurance. The policy has been in continuous effect since issuance of the franchise. A new certificate will be issued to Weld County on or before 8/5/90, the current policy expiration date. Franchise Fees. No franchise fees were paid or became due for the year 1989 or for the first Fiscal Quarter of 1990, simply because we had no "subscriber revenues" subject to the franchise fee for those periods. Chartwell "fired up" its cable system in April and therefor it is now generating revenues upon which fees will be paid. 90138L4 Page Two Service & Rates. Enclosed is Chartwell's Channel Guide and Rate Card together with a General Information Card and a Description of Programming. Area Served. Chartwell now serves the areas of Del Camino (I-25 Exit) , Casa Grande Estates and Enchanted Hills Subdivision and the following connecting routes: CR24 from I-25 to CR17; CR13 from CR24 to CR20; CR20 from CR13 to Del Camino Lane; and, CR22 from 1/2 mile east of CR11 to CR17 . Subscriber Count. Total subscribers as of April 30, 1990, with the franchise territory, was 78. We expect the total subscribers to grow dramatically as we market the areas we can now serve. Business and Service Office. Chartwell maintains two offices in Colorado, one at 187 S.E. 14th, Unit One, Loveland, Colorado 80537, and the other at 5299 DTC Boulevard, Suite 260, Englewood, Colorado 80111. All service and billing calls are automatically forwarded to the Denver office for answering. All service orders and service problems are then faxed back to the Loveland office where service technicians complete the order and advise the central office. All service calls are handled promptly and all technicians maintain pagers to insure access immediately in case of an emergency. Acceptance of Franchise. While I believe prior acceptance was forwarded, I have enclosed herewith your Acceptance of Franchise fully executed and notarized. I believe this letter addresses all of the items raised by your two letters. Page Three Your cooperation has been greatly appreciated. Please advise if any additional information is needed. Very truly yours, • L. MCDouga , Pre t CHARTWELL CABLE OF COLO D , INC. BLM/smg Enclosures: 1. Letter to Franey & Parr 2 . Certificate of Insurance/National Farmers Union 3 . Channel Guide & Rate Card/General Information Card/ Description of Programming 4 . Executed Acceptance of Franchise cc: (w/encl) Clerk to the Board of the County Commissioners of Weld County, Colorado P.O. Box 758 Greeley, Colorado 80632 THE HANOVER INSURANCE COMPANY To be attached to and form part of Bond No. BCZ-1773949 on behalf of Chartwell Cable Fund, Inc. in favor of Weld County dated the 19th day of December , 19 88 • It is agreed that: Effective December 19 19 90 , the following is added to this bond and made a part thereof: 1. "The faithful performance by the company of all provisions of the franchise, Ordinance 94, as amended, 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 of Ordinance 94, as amended; and the payment by the company of any claims, liens, and taxes due the county which arise by reason of the construction, operation, or maintenance of the system. " 2. The name of the Principal is hereby amended to the name of the Franchisee: Chartwell Cable of Colorado, Inc. Provided, however, that the liability of the Surety under the attached bond and under the attached bond as changed by this rider shall not be cumulative. All other conditions, agreements and limitations remain unchanged. Signed, sealed and dated this 12 day of June ,19 90 • THE HANOVER INSURANCE COMPANY By9 • (IL J me J. evins ACCEPTED: C Attorney-In-Fact By 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 Lanham, 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 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, in any amount — And said Company hereby ratifies and confirms all and whatsoever said Attorney(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 Company at a meeting held on the seventh day of October, 1981, a quorum being present and voting, which resolution is still in effect: "RESOLVE D,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 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 Attorneys-in-fact shall be as binding upon the Company as if bad 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 ..inv Vice President 9(�Assistant Vice President THE COMMONWEALTH OF MASSACHUSETTS � ss- COUNTY OF WORCESTER On this 4th day of March 1986 , before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company,to me personally known to be the individuals and officers desuarmlilikein,and acknowledged that the seal affixed to the preceding instrument is the corporate seal of The Hanover Insurance Company 004 dig tin/Atorporate seal and their signatures as officers were duly affixed ands bed to s. 'd i ment by the uthority and Oxlwna5fd,-�rtwralion. �� /f � P V:c., # �lA (,4 io, �Sal)A, �ti My Commission Expires Notary Public 1992 :�'.7.7 Lihe u�Qrsig nod Assistant Vice President of The Hanover Insurance Company,hereby certify that the above and foregoing is a full, 'mtll-ioug e1,topp,I.of the Original Power of Attorney issued by said Company,and do hereby further certify that the said Power of Attorney ,15 Itfft Tkitiseffeet. fIrtritiictiriiiik `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 Attorney,and Certified Copies of such Powers of Attorney and certifiealion in respect thereto,granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company shall he binding on the Company to the same extent as if all signatures thereon were manually affixed even though one or more of any such signatures thereon may be facsimile." GIVEN under my hand and the seal of said Company, at Worcester, Massachusetts, this 12th day of June 19 90 FORM 111-0402 (5/85) Assistant Vice President r . s June 12, 1990 Mr. Bryan L. McDougal Chartwell Cable Fluid, Inc. 5299 DTC Blvd. Suite 260 Englewood, CO 80111 Re: Bond #BCZ-1773949 Dear Mr. McDougal: With regard to your letter of June 4, 1990, we have issued a Rider to this bond which is enclosed. Said Rider includes all of the language that the Weld County Attorney wished to see quoted in the bond. On the same Rider we have also amended the bond as to the correct name of the Franchise. I trust this will be found satisfactory to all parties concerned. There is no fee for this Rider. Sincerely, Stn, J J. Nevins cg Enclosure FRANEY&PARR Insurance and Bonding 9901 Business Parkway Lanham,Maryland 20706 PO.Box 4310 Capitol Heights,MO 207914310 (301)4590055 (800)6382028 FAX (30N 459-5405 Chartwell 5299 DTC Boulevard Sude 260 E,ngiewood, CO 80111 303/694-1700 P\ 694 0070 June 4 , 1990 Ms. Donna Groh Franey & Parr Insurance Ltd. 9901 Business Parkway, Suite B Lanham, Maryland 20706 RE: Chartwell Cable Fund, Inc. / Hanover Insurance Company Bond No. BCZ1773949 Dear Ms. Groh: In December of 1988 Franey & Parr acquired a bond for Chartwell Cable Fund, Inc. ("Chartwell") , the parent company of Chartwell Cable of Colorado, Inc. , from Hanover Insurance Company (a copy is enclosed) . I recently received a letter from Weld County (copy enclosed) requesting a clarification of the bond language. The requested change does not materially change the bond. Mr. Barker, Weld County Assistant Attorney, has indicated he would accept a letter reflecting the clarification until the bond is renewed in 1991. Additionally, the principal on the bond should include the actual name of the franchisee, Chartwell Cable of Colorado, Inc. , the 100% owned subsidiary of Chartwell Cable Fund, Inc. Please advise me how we can best handle this matter and what fee, if any, will be charged. Very truly yours, L. McDouga Vice President CHARTWELL CABLE FUND, INC. Enclosures: 1. Bond/Hanover Insurance Company 2 . Weld County Letter cc: Bruce T. Barker/Assistant Weld County Attorney WP/10-90/FRANEY _ taon aao.o9oa z �tf a r . " � _ s+•» rt •+ • :dE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CONTRACT BOND Bond No. BCZ1773949 KNOW ALL MEN BY THESE PRESENTS, That Chartwell Cable Fund, Inc. as Principal, and X THE HANOVER INSURANCE COMPANY, a corporation of the State of New Hampshire, 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, 915 10th Street, Greeley, Colorado 80631 c/o Mr. B. Barker hereinafter referred to as Obligee in the penal sum of Two Thousand 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. WHEREAS, the Principal has entered into a certain written contract with the'Obligee dated the 19th day of December ,19 88 , to Construct and Install a Cable TV System - Weld County which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall fully indemnify and reimburse the Obligee for any loss he (they, it) may suffer through the failure of the Principal faithfully to observe and perform each and every obligation and duty imposed upon the Principal by the said contract, at the time and in the manner therein specified, then this obligation to be void; otherwise to remain in full force and virtue in law. PROVIDED, HOWEVER, it shall be a condition precedent to any right of recovery here- under, 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 immedi- ately delivered to the Surety by registered mail at its Home Office in Worcester, Massachusetts. 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 completion of the work mentioned in said contract, whether such work be completed by the Principal, Surety or Obligee; but if there is any maintenance period provided in the contract for which said Surety is liable, an action for maintenanctt may be brought within three months from the expiration of the maintenance period, lout not afterwards. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 19th day of December ,19 88 • WITNESS: Chartwell'able Fund, .I c. (SEAL) Princ p X APPROVED AND ACCEPTED BY: n,,/ 1, Obligee `// 7� G iLru n Title Title X THE HANOVER INSURANCE COMPANY Date _MASSACHUUS'EPTSSS BAY INSURANCE COMPANY �Z�%' ' - By: 1 All/tt,At/ t,d) s P°"'° °""mow Shirley A. Harkins �OVFR�.� eel), �/-Jr `•Z,:�.tRcoyq yd,s Attorney-In-Fact zz:z, 6 1ID� \ °,O=AS} vll 'fN-dW0 „to, 891093 /qv' ,r POWER OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS:That THE H.ANOVER INSURANCE CO\1PANY, a corporation organized and existing under the laws of the State of New Hampshire, dues 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 Atturney(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 Slates. or. if the following line he filled in. only within the area therein designated any and all bonds- recognizances, undertakings- contracts of indemnity or other writings obligator' in the nature thereoL as follows: — Any such obligations in the United States, in any amount — And said Company hereby ratifies and confirms all and whatsoever said:Utomel(sHiefart mac law fully do in the premises by virtue of those presents. This appointment is made under and by authority of the following Resolution passed by the Board of Directors of said Company at a meeting held on the se%milli dal of October. 1981. a quorum being present and %ming, which resolution is still in effect: "ftEst 11.x'1:11.That the President or am lire President. in eonjouriion with am Assistant Vice President.be awl the, are hereto authorized and eittowrred in appoint \❑onir,.•imfact of the Company.in its name and as its acts.to execute and arkmow ledge for and on it:behalf as Sur t>any and all Iw nil..rrrognizatwes.enntraria of inelenmity,%Viers of citation and all other%rilin s obligatory in the nature theretL with power to attach du:rel.the -relit(the Company. 1n, such wciting. so executed by such Attorneys—in—fart shall he as binding ill he Cumpam as if they had been doh executed VIII acknowledged I,o the regularly elected officers of the Company in their own proper persons.- 'NESS WHEREOF.TILE HANOVERINSCHANCE COMP 1NY has caused these presents tobescaled with its corporate seal. duly attested by its Tice President and its Assi rant Nice President. this 4th day(if March 19 86 0VFR THE HANOVER INSURANCE COMP 1N1 ;41 ['ire President ' tore Acs-o - *anion y (Seal) xyy,aaarn,a,a,� :Issi.stnnt Vice President THE CtONIMONWE LTII OF \I ASSACHUSE �ptr7.(.7* COUNTY OF WORCESTER 9 (ht this 4th day { Q eels �'% 1986 . before me came the ahoy named Vice President and Assistant Tice President ofIft.tz'� o rr gts(kanmCCotltanc. to me personally known to be the individuals and officers described herein.and acknow'edged that the scalaffipd(oilsiv-ereat insftumentis the corporate seal of The Hanover Insurance Company and that the said corporate seal and their signekres T-firfucere w�"PII.Vy affixed and s 'bed to s 'd in anent by the .uthurity and %�� direction of said Corporation. %y 2 �'•.9SSAGy;r• �.��• Off. J0 '0.e Ft y....aaAa 'Qxy...•` .11 1 11 (Seal) :Yotan- Public my Commission Expires May 29, 1992 I. the undersigned Assistant Tice President of The Hanover Insurance Company,hereby certify that the above and foregoing is a full. true and correct culrr 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 am and all Powers of\runes',and Certified Copies of such Powers of Attorney and certification in respect thereto.granted and executed by the Prc,idcudor any fire President in nmjunrtion will any assistant lice President oflhr Company shall be binding on the Conq.am to the . same extent as if all signature;thereon%err manually affixed even though one or more of any sorb signatures thereon ma) be facsimile. GIVEN under my hand and the seal of said Company, at Worcester, Massachusetts, this 19th day of December 19 88 ne—Lars"ams FORM 111.0407 (5/851 Asaislont Vire President • .. 1. CERTIFICATE-OF INSURANCE ISSUE DATE(MM/DD/YY) 05 /30/90 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW William R . Sands Nat i-Una.1 Farmers Union Insurances COMPANIES AFFORDING COVERAGE 100(15 EaeL Harvard Avenue Lit uvor , Colorado 80251 COMPANY An NATIONAL FARMERS UNION STANDARD LETTER CODE SUB.CODE INSURANCE COMPANY , DENVER, CO COMPANY B NATIONAL FARMERS UNION PROPERTY ANL INSUREDLETTER CASUALTY COMPANY , DENVER. CO CI ARTWELL CABLE FUND INC COMPANY LETTER C 5299 DTC Boulevard Suite 260 Englewood . CO 80111 COMPANY D LETTER COMPANY E LETTER COYERAfdEs 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 WHICH 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. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS LTR DATE(MM/OD/YY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY 0 - -g 1'457-61-01. 1 2/01 /89 08/05/90 PRODUCTS-COMP/OPS AGGREGATE Si 00 0 CLAIMS MADE OCCUR. PERSONAL&ADVERTISING INJURY $L NCL OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $1 . 000 . . 000 FIRE DAMAGE(Any one fire) $ 5 MEDICAL EXPENSE(Any one parson) $ 1 AUTOMOBILE LIABILITY COMBINED SINGLE $ ANY AUTO 02-05-81157-61-01 12%01 /89 08/05/90 LIMIT 1 , 000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY $ DAMAGE EXCESS LIABILITY EACH AGGREGATE OCCURRENCE OTHER THAN UMBRELLA FORM STATUTORY WORKER'S COMPENSATION $ (EACH ACCIDENT) AND $ (DISEASE—POLICY LIMIT) EMPLOYERS'LIABILITY $ (DISEASE—EACH EMPLOYEE) OTHER REAL r4- PERSONAL, PROPERTY 02-05-81457-64-01 12/01/89 08/05/90 $ 92 , 000 ( BLANKETI DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS W( Id county Colorado by and through the Board of County Commisioners of Field ( ountN . CERTIFICATE Houma CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE lti�-Id :.noun t EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE P L'. 1 9,1 8 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Greeley . CO 80632 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTOO IZ P 1 ATIVE ACORD 25-S(3/88) �� ©ACORD CORPORATION 1988 u waft fate � � Op g 41) 0 17 0 �° a,Mara Oa V L _ Ian a _ Q 0 v �° c •_ 41 u V0 .444 U 7- ci o 0 o _ _ N. V m N. `o .V, - o h 0 = ti a Z 43 e v ;it 7Et o U v ) �," m ACCEPTANCE OF FRANCHISE THIS IS TO CERTIFY that Chartwell Cable o£ Colorado, Inc. , has, on the 114- day of , 1990 , nunc pro tune January 15 , 1990, accepte the franchise for cable television construction and operation within the unincorporated area of the County of Weld, State of Colorado, described as follows : The River Valley Village Mobile Home Park; homes along Weld County Road 24 , between said Mobile Home Park and Weld County Road 15; homes along Weld County Road from WCR 24 to the Enchanted Hills Subdivision; all of the Enchanted Hills Subdivision; and all of the Casa Grande Estates Subdivision. Weld County, Colorado, by and through the Board of County Commissioners of Weld County, approved the transfer and assignment of said cable television franchise to Chartwell Cable of Colorado, Inc. , after a hearing on January 15, 1990, pursuant to Weld County Ordinance No. 94 , Weld County Ordinance No. 94-A, Weld County Ordinance No. 94-B, and such succeeding or amending Ordinances as shall be adopted by said Board of County Commissioners . A copy of the Resolution approving the transfer and assignment of this franchise to Chartwell Cable of Colorado, Inc. , is attached hereto. The Franchisee, Chartwell Cable of Colorado, Inc. , agrees that it will be bound by and observe and carry out the terms and conditions of such franchise, as may be required by the above-stated Weld County Ordinances. The Franchisee, Chartwell Cable of Colorado, Inc. , agrees to provide all services specifically set forth in its application for cable television service and, further, its application is incorporated by reference and made a part of this franchise. DATED this day of _ 1990 .614.44.40.4?CHARTWELL CABLE OF COLORADO, INC. P • McDougal dent / SUBSCRIBED AND SWORN to before me this I day of Wit) , 1990 . WITNESS my hand and official seal. Notary Public My commission expires: ' 7 OFFICE OF COUNTY ATTORNEY ._ S ��♦ ` awe PHONE(303)356-4000 EXT.4191 ° P.O. BOX 1948 GREELEY,COLORADO 80632 WI D eir COLORADO May 31 , 1990 Bryan McDougal, President Chartwell Cable of Colorado, Inc. 299 DTC Boulevard, Suite 260 Enclewood, CO 60111 RE: Performance Bond and Acceptance of Franchise for Cable Television System in Weld County, Colorado Dear Mr. McDougal: Enclosed herein please find the following: a. A copy of the "Contract Bond" which was issued by the Hanover Insurance Company cn December 19 , 193° , concerning Chartwell Cable' s cable television franchise in Weld County, Colorado. b. An "Acceptance of Franchise" for signature by Chartwell Cable. After our telephone conversation of May 30 , 1990 , I reviewed the "Contract Band" for Chartwell Cable . This bond should be a "Performance Bond" as required by subsection A. under the section entitled "Letter of Credit/Cash Deposit" of Weld County Ordinance No. 94-A. I have enclosed a copy of page 2 of Weld County Ordinance No. 94-A. As you can see, the Bond is used to ensure "the faithful performance by the company of all provisions of the franchise , Ordinance 94 , as amended, 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 of Ordinance 94 , as amended; and the payment by the company of any claims , liens , and tares due the county which arise by reason of the construction, operation, or maintenance cf the system. " I would prefer that the Performance Bend supplied by Chartwell Cable include the quoted language so as to comply with this provision of Ordinance No. 94-A. I noticed that Chartwell Cable never executed an "Acceptance of Franchise" as required bT; section B (1) under the section entitled "Grant, Acceptance, and Effective Date of Franchise" found on page 8 of Weld County Ordinance No. 94 . I have enclosed a copy of page bryan McDougal Page 2 May 31 , 1990 8 . I ask that you please sign the enclosed Acceptance o£ Franchise and return the same to: Bruce T. Barker, Assistant Weld County Attorney, P. O. Box_ 1948 , Greeley, Colorado 80632 . I£ you should have anv questions regarding this letter or the documents enclosed, please feel free to call me at 356-4000, extension 4391 . Ver}__ truly yours, Bruce T. Barker Assistant County Attorney BTB: sa Enc. OFFICE OF COUNTY ATTORNEY t°41; 441111 PHONE(303)356-4000 EXT.4')91 P.O. BOX 1948 GREELEY,COLORADO 80632 I pe COLORADO May 25 , 199O Bryan McDougal , President Chartwell Cable of Colorado, Inc. 5299 DTC Boulevard, Suite 260 Englewood, CO 80111 RE: Cable Television Franchise in Weld County, Colorado Dear Mr. McDougal: The Weld County Attorney' s Office has recently reviewed the Clerk to the Board of County Commissioners files regarding cable television franchises in Weld County, Colorado. An examination of the Chartwell Cable file reveals a need for the following: A. The Board must be assured that the performance bond which was issued on December 19 , 1988 , is still in effect. The performance bond in the sum of $2 ,000 is required by subsection B. , under the section entitled "Letter of Credit/Cash Deposit" and found on page 22 of We1d ,County Ordinance 94 . B. The Board must receive a Certificate of Insurance from Chartwell Cable which includes "weld County, Colorado, by and through the Board of County Commissioners of Weld County" as an additional named insured. The insurance must be in the amounts specified in subsection A. , under the section entitled "Liability and Insurance" found on page 26 of Weld County Ordinance 94 . The Certificate of Insurance must also contain the endorsement found in subsection D. , under the section entitled "Liability and Insurance. " C. Weld County has never received from Chartwell Cable any of the franchise fees as required by subsection A. , under the section entitled "Franchise Fees" found on page 30 of Weld County Ordinance 94 , for the year 1989 and for the first Fiscal Quarter of 1990 . Please note Bryan McDougal Page 2 May 25 , 1990 that the franchise fees are five percent (5%) o£ the annual gross revenues of the company. These franchise fees must be paid quarterly. D. In addition to the above-stated information, the Board of County Commissioners would also like to receive the following information from Chartwell Cable: 1 . A list of the current rates for services by Chartwell Cable. 2 . A description of the area which Chartwell Cable is now serving in Weld County, Colorado. 3 . The total number of subscribers to the Chartwell Cable system in Weld County, Colorado. 4 . A description of the location of the business office for Chartwell Cable. Please note that subsection A. , under the section entitled "Local Business Office; Service Maintenance Standards and Complaint Procedures" and found in Weld County Ordinance No. 94-A, requires the business office to be located within thirty (30) miles of the permit area. Please send this information to: Clerk to the Board of County Commissioners of Weld County, Colorado, P. O. Box 758 , Greeley, Colorado 80632 . All correspondence, franchise fees , and other information from Chartwell Cable should also be sent to this address in the future. If you should have any questions regarding this letter, please feel free to call me at 356-4000 , Ext. 4391 . Sincerely, iJ_s�� ,— _ 7 Bruce T. Barker Assistant Weld County Attorney BTB:rm - - S :-?- ) 17O 1 \it -Ca 4-,---% -3-,70,.... ficr)o_ i,„__ ( --c- c .,_r-A-1/4,1, ees, _..V__(__. 04 LlAncL, I --,f4... ,ct_ �a 4- LI � � .� ( cc,..e...,e___ col., TAT / 'n I_ fly..4-4c...- c--C- ( / .�-C� 0,-, l y I _... - - �h' � -- Hello