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HomeMy WebLinkAbout(#07) Comcast Cable Communications, Inc Franchise Bond40 21(f omcast: March 3, 2003 Mr. Terrence Moore City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 Dear Mr. Moore: Comcast Cable Communications, Inc. 2501 SW 145th Avenue, Suite 200 Miramar, R 33027 VIA FEDERAL EXPRESS Enclosed please find a new franchise bond for our cable television operations in your community. Should you have any questions, please don't hesitate to contact me at 954-534-7466. Sincerely, Michael E. Tanck Regional Director of Government Affairs r STATE OF ILLINOIS COUNTY OF COOK On this 24th day of February , 2002, before me personally appeared Matthew V. Buol , known to me to be the Attorney -in -Fact of Travelers Casualty and SurptyCompany of America , the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid county, the day and year in this certificate first written above. "OFFICfAL SEAV (Notary Publ' DIANE M TEARY HWWV NOW. Mate of 13haIs MY tamnihsion 114 � IN )VITNESS NN'HEREOR TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COATP.ANY and FARNIINGTON CASUALTY CO>tl'ANY hacc caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 22nd day of October 2001. S'I'A'1'1'; OI' CONNECTICUT }SS. Hanford COUNTY OF IIAR7I7ORD ' y�JF/YD'SWtiiy, w9J��tY Aha Dort _ G�Spgl' TRAVELERS CASUAL'L'Y AND SURETY COAU'ANY OF AMERICA TRAVELERS CASUALTY AND SURETY COAIPANY FARMINGTON CASUALTY COMPANY By t George W. Thompson Senior Vice President On this 22nd day of October, 2001 before me personally came GEORGE W. THOMPSON to me knoNAm. who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY CONIPANY OF ANIERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARNTINGTON CASUALTY COA7PANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument arc such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. 0 C p.TET HkEC'� My commission expires -June 30, 2006 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COAIPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COAIPANY and FARATINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of .Authority remains in full force and has not been revolved; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Scaled at the Home Office of the Company, in the City of Hartford. State of Connecticut. Dated this 24th day of February .20 03 VMqq,,,,tt' Fh ASU ��u�:LLittrb y�� OCG ?L �tJ as' FG.giro 'S� a HAInFOFO < V 1 9 a 2�' O BY Kori M.Johanson Assistant Secretary, Bond ( mvir7S oo-1 0 c � . -pDq.1rnr st 11 ga!gm 01 Sut_ytwDPtr 10 puoq Aur of laads_,1 ipim aminJ Dip ui .iur.duio0 atp uodn 9ulpu!q Pill! 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'pzluloddt. pur painl!lsuoa 5prw glrq (, sannedwoJ„ Dill taiJru!31zq) 'moria3vuO0 Jo DIMS '1310JULH Jo SlutIOD 'ploJuI'. -j Jo .4!J Dqi ur SDOWO rudrauud jimp Su!Auq pur 'inorlaauuoJ Jo ownS Dill Jo smul oyi lapun parntr'10 Splp suopelodim 'ANYdI10J A1'IYriSYJ N0I9NII'CHY3 Pur ANYd1AO3 A13IIf1S QNY A1'IYl1SyJ Sd3-13AVH.L `YJIIi314Y 30 ANydl\tOJ A.LMIS 4NY A-L'IY(1SYJ S"da'I3AN%.L 11-111 `S.LN3S32Id 3S3H.L AH SNOS-d3d 717 A10N)1 1JY3 :k7I-(S)A31%TNO11V 30 k.LIUGHI[IV 30 31YJIALLM-K) G KY A3ATU01..Ly 30 H3MOd Z906-CS190 111a137iauun0'P,gplrll - ANYdl100 A17Y"1SYJ NO.LONi1V11V3 ANYd110J A.LMFIS Q::V A.L-IvgSyJ SH3"13AYH1 V3r9314Y 30 A&MMO0 A13UgS GKV All\'!1SYJ SH3'13AVH1. Bond No. 10088717361 TravelersPropertyCasualty J FwwcKtmBOND &. VhmvfrrsGroup KNOW ALL MEN BY THESE PRESENTS, That, we, Comcast of Florida I, Inc. . as Principal, and Travelers Casualty and Surety Company of America, a corporation of the State of Connecticut, as Surety, are held and firmly bound unto CITY OF SABASTIAN as Obligee, in the SUM Of Fifty Thousand and 00/100 Dollars, (S$5o,000.00) lawful money of the United States of America, to be paid unto said Obligee, its successors and assigm. jointly and severally, firmly by these presents. WHEREAS, The above bound Principal has entered into a written agreement, dated with the Obligee which grants a Franchise to the Principal to use its public streets and places to transmit and distribute electrical impulses through an open fine-coazial antenna system located therein. Principal has agreed to faithfully perform and observe and fulfill all te= and conditions of said Franchise agreement referred to above and said agreement is hereby made a pan of this bond with Me force and effect as if herein set forth in length. NOW. THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the above named Principal, its sttccessors or assigns, does and shall well and truly observe, perform and fulfill its obligations as set forth in the above mentioned Franchise agreement, for which a bond must be posted, then the above obligation to be void. otherwise to remain in full force and effect. The bond is subjam however to the following express conditions: FIRST: That in the event of a default on the pan of the Principal, its successors or assigns, a written statement of such default with full details thereof shag be given to Surety promptly, and in any event, within thirty (30) days afar the Obligee shall learn of such default, such notice to be delivered to Surety at its Home Office in Hartford, Connecticut by registered mail. SECOND: 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 (12) twelve months after the effective date of any termination or cancellation of this bond. TEM: That this bond may be terminated or canceled by surety by THIRTY (30) days prior notice in writing to Principal and to Obligee, such notice to be given by registered retail. 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. FOURTH: Thu no right of action shall accrue under this bond to or for the use of any person other thin the Obligee, and as successors and assigns. IN WITNESS WHEREOF, The above bound Principal and the above bound Surety have hereunto set their hands and seals on the24th day of February 2003 BOND EFFECTIVE: 02/24/2003 COU1Vi[RSIMED BY. RESIDENT GEfd- p-ei:er J. Klingler Comcast of Florida I, Inc. ARTHUR R. BLOCK Senior Vice President (PRBVCIPAL) TRAVELERS CASUALTY AND SURELY COMPANY OF AMERICA M Matthew V Boo] Attorney -in -Fact This bond replaces St. Paul Bond #SK9154 9� 4.raw Travelers IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism -related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. SIMI Surety CERTIFIED MAIL February 6, 2003 City of Sebastian 1225 Main Street Sebastian, FL 32958 RE: BOND NUMBER: PRINCIPAL: BOND TYPE: BOND AMOUNT: Dear Sir/Madam: 400SK9154 AT&T Corp. Franchise Permit Bond $50,000 The St. Paul Companies Surety 233 Broadway, 26th Floor New York, NY 10279 212.504.0717 Tel 212.504.0724 Fax www.stpaulsurety.com St. Paul Fire & Marine Insurance Company, as Surety under the captioned bond written for a continuous term beginning on the 14th day of August 2001 hereby notifies that it desires to cancel and does hereby cancel said bond, cancellation to be effective the 6th day of March, 2003. This notice is given to you in accordance with the cancellation provisions contained in the above bond. Marine Insurance Company Vanessa C. Brown Attorney -In -Fact Copy: AT&T Corp. St. Paul Fire and Manne Insurance Company United Slates Fidelity and Guaranty Company Seaboard Surely Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Undenvnleis. Inc. St. Paul Mercury Insurance Company SI. Paul Guardian Insurance Company i /S FRANCHISE BOND Bond No. SK9154 KNOW ALL MEN BY THESE PRESENTS, That we 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 City 0f Sebastian, 1225 Main Street, Sebastian, FL 32958. as Obligee, in the sum Fifty Thousand and 00/100 Dollars ($50,000.00) lawful money of the United States of America, to be paid unto said Obligee, its successors and assigns, jointly and severally, fumly by these presents. WHEREAS, the Principal has entered into a written agreement with the Obligee which grants a Franchise to the Principal to Construct, operate and maintain a Cable Television System to provide Cable service within the City of Sebastian, which agreement is hereby referred to and made a part hereof as fully and to the same extend as if copied at length herein. 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 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 233 Broadway, New York, NY 10239 by registered mail. PROVIDED, HOWEVER, 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 one year after completion of the work mentioned in said agreement, whether such work be completed by the Principal, Surety or Obligee; but if there is any maintenance period provided in the agreement for which said Surety is liable, an action for maintenance may be brought within three months from the expiration of the maintenance period, but not afterwards. 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 14' day of August 2001. AT&T Corp. By: l ( OUNTERS1 ED BY: Paul Riley, Assistant S. etary 121314 St. Paul Fire and Marine Insurance Company DHESIDEN] AG Q1� �S7 6� i in $ c N Terry Ann G zales-Selman, Att ey-i -Fact ►�' o CD ,��v a M, A IN STATE OF NEW JERSEY COUNTY OF SOMERSET On this 14' day of AUGUST , 2001 before me, the undersigned notary public, personally came: Paul Riley 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. JUDITH A. SOWINSKI NOTARY PUBUC OF NEW JERSEY Camm40n Expires IV21/2005 7heMbul Power of Attorney No. POWER OF ATTORNEY Seaboard Surety Company St. Paul Fire and Marine Insurance Company SL Paul Guardian Insurance Company St. Paul Mercury Insurance Company 22382 United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc Certificate No. 0 9 5 919 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, constimte and appoint Migdalia Otero, Paula Yip-Ying, J. Holland, Shirley Dewely, Vincent Moy, Theresa Giraldo, Ana W. Oliveras, Tracey D. Watson, Terry Ann Gonzales -Selman, Robyn Walsh, Beverly Woolford, Christopher J. McCarty and Debra L. Teplitzky New York New York of the City of . Slate , 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 5th day of February • 2001 Seaboard Surely 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 Sl. Paul Mercury Insurance Company •AOFIY ,Y CYT „Xfyy, ..alY,yblY s e k��y,,r + �•� ;`••_,die g ' �,,uwx 1 sroao°zlEo X927 ']O SEA' 'at�SBAL'g faB6 919778 t95i IOHNft PHINNEY, Vice PAArcsidenl State of Maryland City of Baltimore THOMAS E. HUIBREOTSE, Assistant Secretary On this 5th day of February , 2001 , before 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. In Witness Whereof, I hereunto set my band and official seal. My Commission expires the 13th day of July, 2002. 86203 Rev. 7-2000 Printed in U.S.A. REBECCA EASLEY-ONOKALA, Notary Public 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 Stales 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 Attomey(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 be executed in the time 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 Attomey(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 heaving 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 Atiomey(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 Attomey(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 one 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 14TH day of AUGUST 2001 siert �,IMR' Q 927wwunSELL"1877 •J �M.uN+flF`� Thomas E.Huibregue.Assistant Secretary To verify the authenticity of this Power of Attarney, call 1-800-421.3880 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. ACKNOWLEDGMENT OF ANNEXED INSTRUMENT State of New York County of New York On August 14, 2001 before me personally came Tem Ann Gonzales -Selman, to me known, who being by me duly sworn, did depose and say that he/she resides in NEW YORK; that he/she is Attomey-in-Fact of St. Paul Fire and Marine Insurance Company the corporation described in and which executed the within instrument; that he/she knows the seal of said corporation, that the seal affixed to said instrument is such corporate seal; that it was affixed by order of the Board of Directors of said corporation, and that he/she signed his/her name thereto by like order; and that the liabilities of said corporation do not exceed its assets as ascertained in the manner provided by law. DEBORAH A. BATTS NOTARY PUBLIC. State of New York No. OISM5056118 Qualified in New York Country Commission Expires Feb. 26, '?..L Commission Expires -;s�� � .IN/ Li�i.M Financial Statement December 31 zuuu St Paul Fire and Marine Insurance Company Assets Bonds Stocks Real Estate Cash on Hand/Deposit Short Term Investments Other invested Assets Receivable for Securities Agents' Balances Funds held dep. with Reins Co. Reinsurance Recoverable Guaranty Funds Receivable EDP Equipment Accrued Interest & Dividends Receivable from Affiliates Equity/Deposits/Pools & Assoc. Other Assets Liabilities, Surcluf & Other Funds S 6,734,860,738 Losses S 5,765,351,748 4,674,162,869 Reins. Payable on Paid Losses 44,414,839 707,301,972 Loss Adjustment Expenses 1,481,280,376 6,119 Contingent Commissions 38,583,444 437,933,140 Other Expenses 138,907,115 1,323,170,878 Taxes, Licenses and Fees 41,858,988 53,590,110 Federal & Foreign Income Taxes 40,356,086 1,112,095,358 Unearned Premiums 1,673,585,306 69,915,987 Dividends Unpaid - Policyholders 28,998,790 123,640,964 Fund Held - Reins. Treaties 79,394,677 4,631,048 Funds Withheld 83,010,621 20,727,523 Remittances and items not allocated 3,621,770 122,253,901 Provision for Reinsurance 112,370,524 117,852,028 Excess Statutory Reserves 14,172,627 44,569,953 Adjustment for Foreign Exchange 68,143,377 83,189,994 Drafts Outstanding 121,747,513 Payable for Securities 28,360,513 Other Liabilities 358,238,623 Special Reserve -Guaranty Fund 1.000.000 TOTAL LIABILITIES 10,123,396,936 Guaranty Surplus Fund 1,000,000 Capital Paid Up 20,000,000 Surplus 5,485,405,546 Surplus as Regards Policyholders 5,506 405.546 TOTAL ASSETS $15,629.802,482 TOTAL LIABILrTIES & SURPLUS 515.629,802.482 Securities carried at 5702,668,146 in the foregoing statement, are deposited as required by law, STATE OF MINNESOTA SS COUNTY OF RAMSEY John C. Tmacy, Vice President and Controller of the St. Paul Fire and Marine Insurance Company, being duly sworn, depotcs and says that he is the above described officer of said company; that said company is a corporation duly organized, existing and engaging in business as a surety company under and by virtue of the laws of the State of Minnesota, and has duly complied with all requirements of the laws of said state applicable to said company and is duly qualified to act as surety under such laws; that the above is a true statement of the assets and liabilities or said company of the 31" day or December, 2000. Subscribed and sworn to before me that 15th -day of March. 2001 E M -BOIS r MME Atr YWNEbOTAC)MMISS SONS JAN. 31. i0M r <L John C. Trey, Vice Presi ent and d ootroller dtir4btNeptcomm�pau111200f&m doc ALLMERICA FINANCIAL® HANOVER INSURANCE° HANOVER INSURANCE COMPANY 7130 Glen Forest Drive, Suite 400 Richmond, VA 23226 NOTICE OF CANCELLATION City of Sebastian 12215 Main Street Sebastian, FL 32958 Bond No. BCR -1634291 WHEREAS, on or about the 4th day of Marcl: 1999. The Hanover Insurance Company as Surety, executed its bond in the penalty of Fitly Thousand 00/IGO Dollars ($50.000.00) on behalf ofFalcon Cable Media of 474 South RaymondAve., #200. Pasadena. CA 91105 as Principal, in favor of fiA of Sebastian as Obligee, (Nature of Risk) CATV Contract Bond WHEREAS, said bond, by its terms, provides that the said Surety shall have the right to terminate its suretyship thereunder by serving notice of its election so to do upon the said Obligee, and WHEREAS, said Surety desires to take advantage of the terms of said bond does hereby elect to terminate its liability in accordance with the provisions thereof. NOW, THEREFORE, be it known that The Hanover Insurance Company shall at the zrpiration of Lkt2ftL30Ldqys after receipt of this notice be released from all liability by reason of any default thereafter by the said Principal. Signed and dated this 5th of March. 2004. LFANO VER INSURANCE COMPANY By: G K)'-) - Donna M. Lips ombe cc: Charter Franey Muha Alliant hisurance Services CO M ru ru 17- M ru O M E3 Postage Certified Fee Return Reciept Fee (Endorsement Required) M Restricted Delivery Fee ro (Endorsement Required) -0 r -q Total Postage & Fees A L, 1-1 Postmark Here M M SealC M -1 ----------- -- ----------------------------- r`- Street,PT4 o 'o Apt. i r � Box No c"Y EL PS Form 3811, June 2002 See Reverse for Instructions Certified Mail Provides: (asanab)zoozaunf'oogswjodSd ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Mail® or Priority Maile. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece"Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is regwred. • For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt Is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt andpresent it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. �-m •�•i_f/_R u�`{ v n N it RRRR RR eIRARRR co 0 ru ru r, m ru a 0 CO O O co -0 a m 0 0 r- T - _ ♦ 3 A Z O r -n = T z �-m •�•i_f/_R u�`{ v n N it RRRR RR eIRARRR co 0 ru ru r, m ru a 0 CO O O co -0 a m 0 0 r- The Hanover Insurance Companies PERFORMANCE BOND Bond No.: BCR1634291 KNOW ALL MEN BY THESE PRESENTS, THAT Falcon Cable Media , as Principal, and X THE HANOVER INSURANCE COMPANY, a corporation of the State of NEW HAMPSHIRE,. MASSACHUSETTS BAY INSURANCE COMPANY, a Corporation of the State of NEW HAMPSHIRE, having its executive office in WORCESTER, MASSACHUSETTS, as Surety, are held and firmly bound unto City of Sebastian, 12215 Main Street, Sebastian, FL 32958 , hereinafter referred to as Obligee, in the penal sum of Fifty Thousand and 00/100 ******* DOLLARS ($__5p,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 agreement with the Obligee dated the /57M day of Ift1WA4Y , 19_ff to _Construct, Install, Upgrade and/or Maintain a Cable TV System_ which agreement 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 said Principal shall fully indemnify and reimburse the Obligee for any loss 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 agreement, in 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 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 100 NORTH PARKWAY, WORCESTER, MASSACHUSETTS 01605. 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 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 maintenance may be brought within three months from the expiration of the maintenance period, but not afterwards. 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. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 4th day of March , 19 99 /��1�.//.���� a �r, •, � ; NAME PRINCIPAL BY TITLE X THE HANOVER INSURANCE COMPANY VIASSACHusw s BAY INSURANCE COMPANY A. HARKINS, APP AN ACCEPTED BY OBLICrOE 1`YY1 Title 311 h I of Date -IN-FACT This Power of Aftonney may not be used to execute any bond with an Inception date after 11/2412000. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY 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 do hereby constitute and appoint William G. Franey, Kenneth W. Roberts, John R. Muha,11, Brenda L. Patterson, Shirley A. Harkins, Douglas R. Sauer, Michael S. Olive and/or David R. Summerall of Capitol Heights, MD and each is a true and lawful Attomey(s)4n-fad to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its ad 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 companies hereby ratify and confine all and whatsoever said Attomey(s)4n-fad 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 Attomeys-in-fact of the Company, in its name and as its ads, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contrails 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 Attomeys-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) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY AND MASSACHUSETTS BAY INSURANCE COMPANY have caused th1.+ be seated with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President, this 24th day (O ER INSURANCE COMPANY MASSA rH S BAY INSURA _ $ea�F' ii ��peABQQBq� 1(DV' reside dvVie sident V - y� 1. ssi nt Woe President As tent Oci Preside d) RAMPS '' f COMMO LTH O SSACHUSE17S ) SbW CO - ORCESTER ) ss. On thi 1�r�tq}'r��f}t ember, 1997, before me pme the above named Vice President and Assistant Vice President of The Hanover Insurance Com�¢ifi�ld'NT�ss �I ylts Bay Insurance Company, to me personally known to be the individuals and officers described herein, and a gedifiaiihes at�s�a¢xed to the preceding instrument are the corporate seals of The over Insurance Company and Massachusetts B ran �p�pany .r�syegtively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said irgi .�nl���lh�l�vity �1d9irection of said Corporations , B �(�eaFJ• * Notary Public ,'%ps �Nwen.;,� ���`` My Commission Expires December 12, 1997 I, the un r ly ,, �tWnt Vice President of The Hanover Insurance Company and Massachusetts Bay 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 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 and Massachusetts Bay Insurance Company. '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 it 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) GIVEN under my hand and the seals of said Companies, at' THE HANOVER INSURANCE COMPANY this 4th day of March 19 99 MASSACHUSETTS BAY INSURANCE COMPANY ac40it Acordia Insurance Services 15760 Ventura Blvd #1400 Encino, CA 91436-3007 (818)377-3800 Fax(818)377-3899 .................... WSURED FALCON COMMUNICATIONS LP FALCON CABLE MEDIA 474 SO. RAYMOND AVE., #200 PASADENA, CA 91105 3/ 4/1999 JQ:J�' i 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 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. ............................................................................................................................................................-...................................................................................................................................... 'O I TYPE OF INSURANCE roLIDr NUMBER :MI: ' POLICY EFFECTIVE DATE (MMNONY) roLRCY EXPRATgN WA i DATE(MMA)D" ...:..............................................I.....................................................................................:................................!...................................................................................................................... AGENERAL uABL" GENERA.A(KIRMTE y3 S.1.__O.00.E_O.00 COMMERCWLGENERALUVaU7Y TJGLSA200T242S98 i : PRODUCTSCOMPATP AGO. is 1 000 000 .......... CRAMS MACE % :000m : .......... :06/01/98 .................................. PD60NAl6 ADV. NLsNr�.......;f....1 :06/O1/99i.........................__..... .. _00.0 .00_Q E x :........i OWNERS S CONTRACTORS PROT. : i EACH. OCCURRENCE.... 8,.;$2500 PD DED. .............................. _FREDAMA (ft"00).....;s. 100.x_0.00 ................................................................................................e. ...............................b.................. ............................................... ;. LED. EFENISE .............._S�'.'i.9::•. v....rs .................5.t 0 0 0 AutoMoeaELRAGLRr A'..g' Am Auro ': TJCAP260T252-9.98 ' LIMIT SINGLE 1,000,000 ALL OWRE1Auras :06/01/98 :06/01/99; BODILY suURY .................................. ..,_.,..i i Smmu.m AUTOS (�R>•� is HIRED AUTOS ........................................ BODILY PLAWi .................................. s. ;......... $ NON -OWNED AUTOS :..... GARAGE LIABILITY............................... 8 $2500 PD DED. PROPERTY DAMAGE d is .................................................................>.............. Buff ....................:................ EACH ac................................:.....O.'.O URRENCE 0.0ERcEW O O 0 B% UMBRELLA 79907381 :06/01/98 06/ 01/ 99 AGGWGAT� MSO, 000, 000 i OTHER THAN UMBRELLA KIWI j ............................ ........................ ....__........... ........... ...._ _. __... ........... .. ..... wowmRs COMPENSATION..%. STATUTORY LIMITS ,............................. AAMTJUB2W7249a99 06/01/98 ; 06/01/99_!"AmPENT... $ 2,000, - i iDISEASE -POLICY LYAR.s i ......................................... 000 000 /.............�........... EMPLOYIs w UABLDr i ....................................................................................................................................:.................................:.................................>. OTHER i iDIVAN-EACH EMPLOYEE...... ............. .2. .1.....2...E_0_0.0.E. DESCRFMN OF OPERATIONSTACATIONS/VEHICLMSPECML MEMS CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED FOR GENERAL LIABILITY AS RESPECTS FRANCHISE AGREEMENT. ORDINANCE #0-98-21 ADOPTED DECEMBER 16, 1998 BY CITY; ACCEPTED 1-13-99 BY FALCON CABLE MEDIA. SEBASTIAN FLORIDA REGION cANCELLATIpN #.<Yx.,,�:�as:�m�x.3x<", SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEI I FM BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO �a MAIL 60 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE CITY OF SEBASTIAN 111.LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 1111. ATTN: CITY MANAGER "' LIABILITY OF ANY KIND ON THE COMP TTS AGENTS OR REPRESENTATIVES. 1225 MAIN STREET !AUTRORDFD NEER ENT) SEBASTIAN FL 32958 n )Y A / CORPORATE HEADQUARTERS 10900 Wilshire Boulevard • 15th Floor Los Angeles, California 90024 Tel 310.824.9990 • Fax 310.208.3655 www.falconeable.com Falcon® March 11, 1999 Honorable Ruth Sullivan Mayor City of Sebastian 1225 Main Street Sebastian, FL 32958 Via CERTIFIED MAIL RE: Original Bond and Certificate of Insurance for the City of Sebastian Dear Mayor Sullivan: I am enclosing the original, signed Performance Bond No. BCR1634291 from Falcon Cable Media for the City of Sebastian in the amount of $50,000. The original Certificate of Insurance is enclosed as well. We trust that this bond and insurance certificate satisfy the requirements of the renewal franchise agreement. If there is anything further we need to provide, please let us know as soon as possible so that we can respond promptly. Sincerely, ar AP La"L.Dainko Assistant to Howard Gan Vice President Cc: Ken Vickers, Regional Manager 40F Mike Singpiel, Divisional Vice President �� F@ Jimmy Fox, Legal Library *Ilk 1rCa✓ Your Access to Entertainment, Information and Beyond