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Home My WebLink AboutContract 1677AT&T Telephone: (651) 493-5284 Facsimile: (651) 493-5288 May 7, 2002 Ms. Linda Magee Assistant to City Manager Columbia Heights Cable Commission City of Columbia Heights 590 40th Avenue NE Columbia Heights, MN 55421 Re: Franchise Bond Dear Ms. Magee: Enclosed please find Franchise Bond number KB8358 issued by St. Paul Fire and Marine Insurance Company. This bond replaces and supersedes bond number U90000097-0307 issued by United Pacific Insurance Company on May 10, 1997. If you have any questions regarding this issue, please contact me at 651-493-5284. Very truly yours, Tricha Pendzimas Franchise and Compliance Specialist Enclosures ~) Recycled Paper THIS BOND REPLACES AND SUPERSEDERS BOND NO. U9000097-0307 ISSUED BY UNITED PACIFIC INSURANCE COMPANY ON MAY 10, 1997 FRANCHISE BOND Bond No. KB8358 KNOW ALL MEN BY THESE PRESENTS, That we MediaOne North Central Communications Corp., dba AT&T Broadband, a subsidiary of AT&T Corp. as Principal and St. Paul Fire and Marine Insurance Company, a corporation of the State of Minnesota, as Surety, are held and f'nxnly bound unto Columbia Heights/Hilltop, MN as Obligee, in the sum of Twenty Five Thousand and 00/100 Dollars ($25,000.00) lawful money of the United States of America, to be paid unto said Obligee, its successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the 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 Columbia Heights/Hilltop, MN 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 10279 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 amotmt set forth above and is not cumulative. IN WITNESS WHEREOF, the Principal and Surety have signed and sealed this instrument this 26th day of April 2002 MediaOne North Central Communications Corp., dba AT&T Broadband, a subsidiar_v_of AT&T Corp. By; Paul Riley, Assistant Secretary St. Paul Fire and Marine Insurance Company Terr'~ Ann Gonzales-SelmaSn, Attorney-in-Fact STATE OF NEW JERSEY COUNTY OF SOMERSET On this 26th day of April , 2002 notary public, personally came:Paul Riley duly sworn by me, did depose and say that he works in and that he is theAssistant Secretary he executed the foregoing instrument. , before me, the undersigned to me known and who, being Basking Ridge, New Jersey of the corporation described within and that 'meSl'Rlul POWER OF ATTORNEY 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 Fidelity and Guaranty Insurance Underwriters, Inc. Power of Attorney No. 22885 Certificate No. 1052492 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 ]aws 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 collectiveh, called the "Companies"), and that the Companies do hereby make, constitute and appoint ~ Migdalia Otero, Paula Yip-Ying, J. Holland, Shirley Dewely, Vincent Moy, Theresa Giraldo, Aaa W. Oliveras, Tracey D. Watson, Temy Ann Oonzales-Selman, Robyn Walsh, Beverly Woofford, Christopher $. McCarty, Debra L. Teplitzky, Richard Ambrose, Mild Conlxera, Sally McGrath, Ivette Pimienta, Francesca M. Papa and Michael Serf New York New York of the City of State their tree 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 3rd day of December 2001 Seaboard Surety Company United States Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Company State of Maryland City of Baltimore JOHN F. PHINNEY, Vice President THOMAS E. HUIBREGTSE, Assistant Secretary On this 3rtl day of__ December , 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 hand and official seal. My Commission expires the 13th day of July, 2002. 'U~; :n_r REBECCA EASLEY-ONOKALA, Notary Public 86203 Rev. 7-2000 Printed in U.S.A. ACKNOVVLEDGMENT OF ANNEXED INSTRUMENT State of New York County of New York On April 26, 2002 before me personally came Terry Ann Gonzales- Selman, to me known, who being by me duly sworn, did depose and say that he/she resides in NEW YORK; that he/she is Attorney-in-Fact of St. Paul Fire and Marine Znsurance 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. IVETTE PIMIENTA NOTARY PUBLIC, State of New York No. 01PI6063530 C Qualified in New York Coun~ ommission Expires September 4, 2005 Commission Expires Notary Signature Financial Statement - December 31, 2000 St. Paul Fire and Marine Insurance Company Assets Liabilities, Surplus & Other Funds _ Bonds Stocks Real Esute Cash on Hand/Deposit Short Term Investments Other Invested Assets Rccczvable for Securities Agents' Balazlccs Funds held dcp. wzth Rems Co. Reiz~surancc Rc¢ovcrablc Guaranty Ftmds Receivable EDP F_xluiPmcnt Accrued lathes1 & Dividends Receivable from Affiliates Equity/Deposits/~ools & Assoc. Other Assets 6.734,860.738 4,6'/4.162.869 707,301.877 6.119 437,833.140 1,323,170.878 53.590,110 1.112.095.358 69.915.987 123,640.964 4.631.048 20.727.523 122.253.901 117.852.028 44.569.953 83,189,994 L~$ges Rems. Payable on Paid Losses Loss Adjustmcn! Expenses Contingent Comm~sssons Other Expenses T~es, Licenses and Fees Federal & Forei~ ~comc Taxes Untamed Premiums D~v~dcnds Unpaid - Policyholders F~d Held - Reins Trcancs F~ Wt:~,cld Rcmi~nccs and ~tcms not allocated ~o~sion for Rcms~sncc E~cess Sla~to~ Re~es Adj~en~ for Fore~ ~change Dra~ Outstanding Payable fo: Sccunhes O~hcr Special Rcse~e-G~n~ F~d $ 5.765,351,74~ 44.414.839 i,481,280.376 138,907.115 41.858.988 40,356.086 1.673.555.306 2S.998.790 79.394.677 83.010.621 3.621.770 112.370.524 14.172.627 68.143,377 121,747,513 28,360.513 358.238.629 1.000.000 TOTAL LIABILITIES 10,123.396,936 Guaranty Surplus Fund Capital Paid Up Surplus !.000.000 20,000,000 5,485,405,546 Su:'plus as Regards Policyholders 5,S06.405,546 TOTAL ASSETS $ I 5,629.802,482 TOTAL LLABILITIES & SURYLUS $15,629,802.482 Secuntms carried at $702.668.146 in thc foregolr, g statcmcn:, are deposited as required by la,,,. STATE Of MINNESOTA COUNTY' OF RARASEY SS John C. Treaty. Vice Pfcsiden! and Controller of the St Paul Ftre ar.d Man.ne Insur~ce Compsay. betag duly sworu, deposes and sJys that hc is the above described officer of said cornpiny, that sa,d comp~ay is e corporation duly orgauuzcd, cx~stmg and cngegtng in business as a surety company trader and by ,,uTuc of the ia,~,s of the S~a~¢ of MUtncsola. and has duly compl,¢d wsT,s~ all [equlxcmcnts of thc laws of' sa*d state apphcablc to sa,d compaay tad is duly quahfied ~o aC~ aS su~cry under such laws; l,ha! thc abovc ts ·truc st·tomcat of thc assets and habih~ic$ of ~d company of thc 31" d~y of December. 2000