Loading...
HomeMy WebLinkAboutAgr 2003-03-12 (COMCAST) @omcast February 24, 2005 IfJ) ~:~ ~ ~ w ~ fril lllJ FEB 2 8 2005 1!}) Comcast Cable 12647 Alcosta Boulevard Suite 200 San Ramon, CA 94583 Office: 925,973.7000 Fax: 925,973,7015 www,comcastcom Mr. Alex Mcintyre Town Manager Town of Tiburon 1155 Tiburon Blvd. Tiburon, CA. 94920 toWN CLERK TOWN OF TIBURON Dear Mr. Mcintyre: Enclosed please find original bond number #100887170051030 in the amount of $50,000.00 issued by Travelers Casualty and Surety Company of America. If you should have any questions regarding the enclosed, please feel free to contact Lee-Ann Peling at (415) 258-4277. ~~;~QV\~ Mitzi Givens-Russell Franchise Compliance Specialist Bay Market Comcast Cable Enclosu res (1 ) cc: Mr. Martin Nichols, Executive Director, Marin Telecommunications Agency if Llf() /f;~ t /I , /7 2--- ) vlQJ (~\ u ~l (- /Y-r'~ "'" ,- k~ 1- /~j f- ( i ~(;llv' () ( I!:>J/f ) rrJe- /)0 ^ J7Cff4 Franchise/Performance Bond (Cable) Bond No. 100887170051030 KNOW ALL MEN BY THESE PRESENTS, that we, Comcast of California V. Inc. , as Principal, hereinafter called Principal, and Travelers Casualty and Surety Comoany of America, a CT corporation, as Surety, hereinafter called Surety, are held and firmly bound unto, The Town of Tiburon. California, as Obligee, hereinafter called the Obligee, in the sum of Fifty Thousand and no/100--- Dollars, ($50.000.00), lawful money of the United States of America, to be paid unto said Obligees, their, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered a written agreement with the Obligee dated 2/5/1986, for Franchise Agreement, which agreement is hereby referred to and made a part of 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 Principal shall fully indemnify and reimburse the Obligees for any loss that 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 this obligations 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 the 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 as its Home Office in Hartford, Connecticut 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 Obligees; 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 Obligees, and its successors and assigns. PROVIDED HOWEVER, that this bond may be terminated or canceled by Surety by sixty (60) days prior notice in writing from Surety to Principal and to the 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 sealed this instrument this 12th day of March, 2003. By: Comcast of California V, Inc. /. ?~ffJM , Principal By: ~IM 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 900/0 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. TRA VELERS CASUALTY AND SURETY COMPANY OF AMERICA TRA VELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Jacquelyn M. Norstrom, Margaret M. Adalpe, Robina K. Fisher, Mary Lou Obos, Mario Remegi, Marianne A. Steiner, Dorothy J. Fox, Mary W. Mahoney, Judith A. McGoogan, Sharon L. Size, of Chicago I Oakbrook Terrace, Illinois, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by hislher sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRA VELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (11-00 Standard) ACKNOWLEDGEMENT BY SURETY STATE OF ILLINOIS COUNTY OF Cook On this 12th day of March ,20 03 , before me, Josefina Cervantes, a Notary Public, within and for said County and State, personally appeared Judith A. McGoogan to me personally known to be the Attorney-in-Fact of and for Travelers Casualty & Surety Company of America and acknowledged that she executed the said instrument as the free act and deed of said Company. 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 above written. vvv~vvv OFFICIAL SEAL JOSEFINA CERVANTES NOTARY PUBlIC~ STATE Of IlUNOIS MY COMMISStON EXPtRES: 12/11101 o '7 January 26, 2005 1 ~\~ .~~ /' o~ W {;It ,- '/ MAR IN TEL E COM M U N I C AT ION 5 AGENCY ,..Jt\N 2 (, u 27 COMMERCIAL BLVD., SUITE C NOVATO, CA 94949-6188 TEL 415 883 9100 FAX 4158839155 WWW.MTA.MARIN.ORG Alex McIntyre Tiburon Town Manager 1505 Tiburon Blvd. Tiburon, CA 94920 RE: Comcast's Compliance with Current Cable TV Franchise Surety Bond Requirement Dear Alex: The Marin Telecommunications Agency is currently reviewing Comcast's performance as Marin's cable TV provider. Currently, there is a separate franchise agreement with each City/Town and the County, which was adopted in January/February 1986. One aspect of this review includes Comcast's compliance with the current franchise requirement for providing members with a surety bond. Please advise me if Comcast has provided and maintained with your agency, a corporate surety bond in an amount not less than $50,000, from approximately January 2003 to date. If so, I would app eciate receiving a copy of that bond. (')717tur , '-// MartIn J. NIchols, Executive Officer MJN/mel cc: Greg Stepanicich Thomas Robinson BELVEDERE I CORTE MADERA I FAIRFAX I LARKSPUR I MILL VALLEY I Ross I SAN ANSELMO I SAN RAFAEL I SAUSALlTO I TIBURON COUNTY OF MARIN