HomeMy WebLinkAboutContract 1715To I~ at~aehed to and form part of:
Bond Number
effective
issued by the
in the amount of
on behalf of
RIDER
1 oo88717517
02/16/2003
TRAVELERS CASUALTY AND SURETY eOM PANY OF AMERICA
$25,000.00
Comcast of Minnesota, Inc.
,(Principal.)
COLUMBIA HEIGHTS/HILLTOP
Franchise Bond
and in favor of
on
Now therefore, it is agreed that in consid¢ration of the premium charged:
'J~e Obligee shall I~ azlleit~ a~ foilowsl
]i~0~.. Columbia Heights/Hilltop
TO:
City ol~ Columbia Heights
il is further understood and agr~d that all other terms and conditions of this bond shall remain
unohanged.
This Rider is to 1~ Effective the 19th
Signed, Sealed & Dated this 1 Otb
__ Day of March )~?.003
Day of March ]4~ 2(J03 .
Comcast of Minnesota, Inc.
Dr.~/l/t//]"///~- A~tTHUE R. BLOCK
By: Senior Vice ?r{,~sidnnt
(Principal)
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (Surety)
Donna Wright , Attorney-in-Fact
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.
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
Hartford, Connecticut 06183.9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)~IN-FACT
KNOW ALL MEN ElY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a
corporation duly organized under the laws of the State of Connecticut, and having its principal office in the City of Hartford,
County of Hartford, State of Connecticut, hath made, constituted and appointed, and does by these presents make, constitute
and appoint Donna Wright, Garry L. Wesselink, Brenda D. Hockberger, Ann Formhals, Debra Kohlman, Diane M.
O'Leary, William Reidinger, Marllse Jahnke, Amy Wlckett, Rose Ann Seldl, Karen E. Bogard or Matthew V. Buol
its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge et
any place within the United States, the following instrument:
and to bind TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, thereby as fully and to the same extent
as if the same were signed by the duly authorized officers of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, 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 Company, which Resolutions
are now in full force and effect:
VOTED: That each of the following officers: Chairman, Vice Chairman, President, Any Executive Vice President, Any Group
Executive, Any Senior Vice President, Any Vice President, Any Assistant Vice President, Any Secretary, Any Assistant
Secretary, may from time to time appoint Resident Vice Presidents, Resident Assistant Secretaries, Attorneys-in-Fact, and
Agents to act for and on behall' of the Company and may give any such appointee such authority as his 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 may at any time remove any such appointee and revoke the power and authority given him
or her.
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 Chairman, tile Vice Chairman,
the President. an Executive Vice President, a Group Executive, a Senior Vice President, a Vice President, an Assistant Vice
President or by a Resident Vice President, pursuant to the power prescribed in the certificate of authority of such Resident
Vice President, and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary or by a Resident
Assistant Secretary, pursuant to the power prescribed in the certificate of authority of such Resident Assistant Secretary; or
(b) duly executed (under seal, if required) by one or more Atterneys-in-Fact pursuant to the power prescribed in his or their
certificate or certificates of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the
following Standing Resolution voted by the Board of Directors of TRAVELERS CASUALTY AND SURETY COMPANY
OF AMERICA, which Resolution Is now In full force and effect:
VOTED: That the signature of each of the following officers: Chairman, Vice Chairman, President, Any Executive Vice
President, Any Group Executive, 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 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.
(OVER)
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA has caused this instrument to
be signed by its Vice President, and its corporate seal to be hereto affixed this 10th day of November, 1999.
STATE OF CONNECTICUT
COUNTY OF HARTFORD
}ss. Hartford
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
George W. Thompson
Vice President
On this 10th day of November, 1999, before me personally came GEORGE W. THOMPSON to me known, who, being by me
duly sworn, did depose and say: that he/she is Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, the corporation described in and which executed the above instrument; that he/she knows the seal of said
corporation; that the seal affixed to the said instrument is such corporate seal; ancl that he/she executed the said instrument
on behalf of the corporation by authority of his/her office under the Standing Resolutions thereof.
'My' commiSSion ~'Pi~e~' June 30, 2001" Notary Public
Marie C, Tetreault
CERTIFICATE
I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a stock
corporation 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 revoked; and furthermore, that the Standing Resolutions of the
Board of Directors, as set forth in the Certificate of Authority. are now in force.
Signed and Sealed at the Home Office Gl= the Company, in the City of Hartford, State of Connecticut. Dated this 19th
day of March , 2003
Kori M. Johanson
Assistant Secretary, Bond
S-te22.F (M)
STATE OF ILLINOIS
COUNTY OF COOK
On this
19th .day of March , 2003 , before me personally appeared
Donna Wright , known to me to be the Attorney-in-Fact of
TRAVELERS CASUALTY AND SURETY COMPANY 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.
:
~ nRENDA O HOCKBER~ER t
. Not~ ~ltc, State ~ ~1 ,
~.~,~2/,/~: (Nota~ Public)
************************** Brenda D Hockberger
SfPaul Surety
The St. Paul Companies
Surety
233 Broadway, 26th Floor
New York, NY 10279
212.504.0718 Tel
212.504.0724 Fax
www. stpaulsurety, com
January 16,2003
CERTIFIED MAIL
Columbia Heights/Hilltop
590 40th Avenue, NE
Attn.: Linda Magee
Columbia Heights, MN 55421
RE:
BOND NUMBER:
PRINCIPAL:
BONDTYPE:
BOND AMOUNT:
400KB8358
MediaOne N Central Communications Corp.
Franchise Bond - Org Code: J
$25,000
Dear Sir/Madam:
St. Paul Fire & Marine Insurance Company, as Surety under the captioned bond
th
written for a continuous term beginning on the 26 day of April, 2002 notifies that it
desires to cancel and does hereby cancel said bond, cancellation to be effective the
16th day of February, 2003.
This notice is given to you in accordance with the cancellation provisions contained in
the above bond.
Very truly yours,
St. Paul Fire & M~,~he Insura~ompany
/~.~mette Renaldo
ttorney-ln-Fact
cc: MediaOne N Central Communications Corp.
10 River Park Drive
4th Floor
St. Paul, MN 55107
St. Paul Fire and Madne
Insurance Company
United States Fidelity
and Guaranty Company
Seaboard Surety Company
Fidelity and Guaranty
Insurance Con~oany
Fidelity and Guaranty
Insurance under,enters, Inc.
St. Paul Mercury
Insurance Company
St. Paul Guardian
Insurance Company
BOND
Bond No. 10088717517
KNOW ALL MIEN BY 'DiE. SE PRESENTS. Ttm, w~, Comcast of Minnesota, Inc.
· aS
Principal, and Travclcrs Castalb, and Surety Compu~y of Amezi~. a corpomion of r~ Stag or' Conrecticut, ~ Sure~j.
aX~ ~l~d a.13d filTtlJy bound ~COLUMBIA HEIGHTS/HILLTOP
as Ob~gm, ~J3 ~l~ ~ Of Twenty-Five Thousand and 00/'loIDoil~l~, (~;2s,0oo.00) bwfu! ml]ff~J o[ I~ UNtgtd S~..,~ of.4~j2g~, ~o
~, 1'nc above bound Principal has ente~ into a wri~n agreement, dated, with the Obligee welch grants a
Franchise to the Pr~il~l to use its public streets ~ plac~ to trammit and dism'butc electrical impulses through an open
line-coaxial antcam system located tlgrcin. Principal has agreed to faithfully perform ~ observe and fulfill all tem~ and
comti6om of tatid Ftanchi~ agreement r~fetTed to above and ~ Igreement ts hereby made ~ pm of this bond with lik~
force and effect as if herein set forth in length.
NOW, THEREFORE, THE CONDITION OF TI[IS OBLIGATION I$ SUCH, TI~ if the above named Principal, ~
sucogsso~ or assigns, does and shall well and truly observe, pcrfot'm and fulfill i~ obligations as set forth in the above
mcaaoned Franchise agreement, for whl~ a bond mm be posted, thru the above obligation to be void: otlmwi~ M
mmin in full force and effect.
The bond is subject, however to thc followin~ exptes~ condkions:
FIRST: 'l'mt in the event of a default on the part of the Principal, its successors or assigns. ·writtcn sUmnent of such
default with full dmils dlcmof shil be liven to S~rety promptly. ~,,,d in any event, within thirt~ (30) days after the
Obligee shill learn of such default, such no, cc to be delivered to Surety at its Home Office in Hartford, ConnectJcm by
SECOND: That no claim, suit or action under this bond by rea~n of any such default dali be brought against ~urety
~ assc~ or commenced wid~in (12) twelvc mo~J~s after the effective date of any t~m. inztion or c. ax~.ellation of this
bond.
~: That this bolld may be t~-rmimted or canceled by surer/by THIRTY (30) days prior notice in writing m
Principal and ~o Obl/gee, such notice to be given by regimred mail. Such termination or cam~ation shall not affect any
liability intoned or accrued under ~s bond prior to t~e effective date of such temRmtion ot cancellation. The liability of
FOURT~ That no fight of action shall accrue -_ _-act ~is bond m or for the use of any Imson other ~an the Obligee, and
I~ ~ ~F, The above bo~d Pr~c~l and the above bound Surety trove hereunto set ~ci~ hands
~ O1~ d~ 13th d~y of March 2003 BOND EFFECTIVE: 02/16/2003
Comcast of Minnesota, Inc. /?
BY ......
ANTHUR R. BLOCK
Senior Vice President
~.~__~.~U~ AND SURETY COMPANY OF AMBRICA
BY_ _~. .0 .
Donna Wright Attornoy-in--~oi
This bond replaces St. Paul Bond #KB8358
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.
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
Hartford, Connecticut 06t83-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL MEN BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a
corporation duly organized under the laws of the State of Connecticut, and having its principal office in the City of Hartford,
County of Hartford, State of Connecticut, hath made, constituted and appointed, and does by these presents make, constitute
and appoint Donna Wright, Garry L. Wesselink, Brenda D. Hockberger, Ann Formhals, Debra Kohlman, Diane M.
O'Lea~7, William Reidinger, Marllse Jahnke, Amy Wickett, Rose Ann Seldl, Karen E. Bogard or Matthew V. Buol
its 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:
and to bind TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, thereby as fully and to the same extent
as if the same were signed by the duly authorized officer~ of TRAVELERS CASUALTY' AND SURETY COMPANY OF
AMERICA, 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 Company, which Resol=tions
are now in full force and effect:
VOTED: That each of the following officers: Chairman, Vice Chairman, President, Any Executive Vice President, Any Group
Executive, Any Senior Vice President, Any Vice President, Any Assistant Vice President, Any Secretary, Any Assistant
Secretary, may from time to time appoint Resident Vice Presidents, Resident Assistant Secretaries, Attorneys-in-Fact, and
Agents to act for and on behalf of the Company and may give any such appointee such authority as his 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 may at any time remove any such appointee and revoke the power and authority given him
or her.
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 Chairman, the Vice Chairman,
the President. an Executive Vice President, a Group Executive, a Senior Vice President, a Vice President, an Assistant Vice
President or by a Resident Vice President, pursuant to the power prescribed in the certificate of authority of such Resident
Vice President, and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary or by a Resident
Assistant Secretary, pursuant to the power prescribed in the certificate of authority of such Resident Assistant Secretary; or
(b) duly executed (under seal, if required) by one or more Attorneys-in. Fact pursuant to the power prescribed in his or their
certificate or certificates of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the
following Standing Resolution voted by the Board of Directors of TRAVELERS CASUALTY AND SURETY COMPANY
OF AMERICA, which Resolution Is now in full force and effect:
VOTED: That the signature of each of the following officers: Chairman, Vice Chairman, President, Any Executive Vice
President, Any Group Executive, 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 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 certif'~d 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.
(OVER)
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA has caused this instrument to
be signed by its Vice President, and its corporate seal to be hereto affixed this 10th day of November, 1999.
STATE OF CONNECTICUT
COUNTY OF HARTFORD
}sS. Hertford
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
George W. Thompson
Vice President
On this 10th day of November, 1999, before me personally came GEORGE W. THOMPSON to me known, who, being by me
duly sworn, did depose and say: that he/she is Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, the corporation described in and which executed the above instrument; that he/she knows the seal of said
corporation; that the seal affixed to the said instrument is such corporate seal; ancl that he/she executed the said instrument
on behalf of the corporation by authority of his/her office under the Standing Resolutions thereof.
My commission expires June 30, 2001 Notary Public
Marie C. Tetreault
CERTIFICATE
I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a stock
corporation 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 revoked; and furthermore, that the Standing Resolutions of the
Board of Directors, as set forth in the Certificate of Authority, are now in force.
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 13th
day of March , 2003
Kori M. Johanson
Assistant Secretary, Bond
S-4 e22-F (M)
STATE OF ILLINOIS
COUNTY OF COOK
On this
13th day of March , ~,2003 before me personally appeared
Donna Wright , known to me to be the Attorney-in-Fact of
TRAVELERS CASUALTY AND SURETY COMPANY 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.
.....................:..".,
~ "OFFtCIAL SEAL *
[BRENDA D. HOCKBEROER
NOtI~Y ~ublI;, State of
· MyGommlaelonG~ee214/IM ·e (Notary Public)
· *************************** Brenda D Hockberger
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 fuznly 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 amount 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 subsidiary of AT&T Corp.
By;..
Paul Riley, Assistant Secretary
St. Paul Fire and Marine Insurance Company
By:
Terry Ann Gonzales-Selman,
Attorney-in-Fact
JPMorganChase 0
JPMorgan Chase Bank, N.A.
c/o lPMorgan Treasury Services
Global Trade Services
10420 Highland Manor Drive
Tampa, FL 33610
NOV 16, 2005
OUR Llc NO.: TPTS-213989
TO:
CITY OF COLUMBIA HEIGHTS
590 40TH AVENUE NE
COLUMBIA HEIGHTS, MN 55421
APPLICANT:
COMCAST OF MINNESOTA, INC.
ATTN: TEODOR TOCAN, 35TH FLOOR,
EAST TOWER, 1500 MARKET STREET
PHILADELPHIA, PA. 19102
WE HAVE ESTABLISHED OUR IRREVOCABLE STANDBY LETTER OF CREDIT IN YOUR FAVOR
AS DETAILED HEREIN SUBJECT TO ISP98
DOCUMENTARY CREDIT NUMBER:
TPTS-213989
DATE OF ISSUE:
NOVEMBER 16, 2005
BENEFICIARY:
CITY OF COLUMBIA HEIGHTS
590 40TH AVENUE NE
COLUMBIA HEIGHTS, MN 55421
APPLICANT:
COMCAST OF MINNESOTA, INC.
ATTN: TEODOR TOCAN, 35TH FLOOR,
EAST TOWER, 1500 MARKET STREET
PHILADELPHIA, PA. 19102
DATE AND PLACE OF EXPIRY:
NOVEMBER 14, 2006
AT OUR COUNTER
DOCUMENT CREDIT AMOUNT:
USD50,000.00
AVAILABLE WITH:
JPMORGAN CHASE BANK, N.A.
BY PAYMENT
IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE AUTOMATICALLY
EXTENDED WITHOUT AMENDMENT FOR ADDITIONAL 12 MONTH PERIODS FROM THE
PRESENT OR EACH FUTURE EXPIRATION DATE, UNLESS AT LEAST 30 DAYS PRIOR TO
THE CURRENT EXPIRY DATE WE SEND NOTICE IN WRITING TO YOU VIA SWIFT, TELEX,
OR HAND DELIVERY AT THE ABOVE ADDRESS, THAT WE ELECT NOT TO AUTOMATICALLY
163456 Lydia P Marino
Page 1 of 3
JPMorganChase (;
JPMorgan Chase Bank, N.A.
c/o lPMorgan Treasury Services
G]oba] Trade Services
10420 High]and Manor Drive
Tampa. FL 336]0
NOV 16, 2005
OUR L/C NO.: TPTS-213989
EXTEND THIS LETTER OF CREDIT FOR ANY ADDITIONAL PERIOD. HOWEVER IN NO
EVENT SHALL THIS LETTER OF CREDIT BE AUTOMATICALLY EXTENDED BEYOND THE
FINAL EXPIRY DATE OF NOVEMBER 14, 2009. UPON SUCH NOTICE TO YOU, YOU MAY
DRAW ON US AT SIGHT FOR AN AMOUNT NOT TO EXCEED THE BALANCE REMAINING IN
THIS LETTER OF CREDIT WITHIN THE THEN-APPLICABLE EXPIRY DATE, BY YOUR
SWIFT OR PRESENTATION OF YOUR DRAFT AND DATED STATEMENT PURPORTEDLY SIGNED
BY ONE OF YOUR OFFICIALS READING EXACTLY AS FOLLOWS:
THE AMOUNT OF THIS DRAWING USD ........... UNDER JPMORGAN CHASE BANK, N.A.
LETTER OF CREDIT NUMBER TPTS-213989 REPRESENTS FUNDS DUE US AS WE HAVE
RECEIVED NOTICE FROM JPMORGAN CHASE BANK, N.A. OF THEIR DECISION NOT TO
AUTOMATICALLY EXTEND LETTER OF CREDIT NUMBER TPTS-213989 AND THE
UNDERLYING OBLIGATION REMAINS OUTSTANDING.
IN THE EVENT THIS LETTER OF CREDIT IS SUBSEQUENTLY AMENDED BY US TO
EITHER:
I) RESCIND A NOTICE OF NON-EXTENSION AND TO EXTEND THE EXPIRY DATE HEREOF
TO A FUTURE DATE, OR
II) EXTEND THE EXPIRY DATE TO A DATE THAT IS AFTER THE STATED FINAL EXPIRY
T'\2l.'T'li' t:l'li''D1<'f'''Ili'
-............... ..........."'....-.... I
SUCH EXTENSION SHALL BE FOR THAT SINGLE PERIOD ONLY AND THIS LETTER OF
CREDIT WILL NOT BE SUBJECT TO ANY FUTURE AUTOMATIC EXTENSIONS UNLESS AN
AUTOMATIC EXTENSION PROVISION IS EXPRESSLY INCORPORATED INTO SUCH
AMENDMENT.
ADDITIONAL DETAILS:
AVAILABLE BY BENEIFICIARY'S DATED STATEMENT REFERENCING JPMORGAN CHASE
BANK, N.A. LETTER OF CREDIT NUMBER TPTS-213989 INDICATING AMOUNT OF
DEMAND/CLAIM AND PURPORTEDLY SIGNED BY AN AUTHORIZED PERSON OF YOUR
COMPANY READING AS FOLLOWS:
"WE HEREBY DEMAND PAYMENT OF USD........... REPRESENTING FUNDS DUE US AS
COMCAST OF MINNESOTA, INC. HAS FAILED TO PERFORM ITS DUTIES PURSUANT TO
THE CITY OF COLUMBIA HEIGHTS CABLE COMMUNICATIONS FRANCHISE ORDINANCE
#1202, DATED JUNE 25, 1990."
ALL CORRESPONDENCE AND ANY DRAWINGS PRESENTED IN CONNECTION WITH THIS
LETTER OF CREDIT MUST ONLY BE PRESENTED TO US AT JPMORGAN CHASE BANK,
163456 Lydia P Marino
Page 2 of 3
JPMorganChase 0
JPMorgan Chase Bank, N.A.
cia lPMorgan Treasury Services
Global Trade Services
10420 Highland Manor Drive
Tampa, FL 33610
NOV 16, 2005
OUR Llc NO.: TPTS-213989
N.A., clo JPMORGAN TREASURY SERVICES, 10420 HIGHLAND MANOR DRIVE, 4TH
FLOOR, TAMPA, FLORIDA 33610, ATTENTION: STANDBY LETTER OF CREDIT
DEPARTMENT. CUSTOMER INQUIRY NUMBER IS 800-634-1969 CHOOSE OPTION 1.
CUSTOMER INQUIRY E-MAIL ADDRESSIS:GTS.CLIENT.SERVICES@JPMCHASE.COM
THE NUMBER AND THE DATE OF OUR CREDIT AND THE NAME OF OUR BANK MUST BE
QUOTED ON ALL DRAFTS REQUIRED.
EXCEPT AS OTHERWISE SPECIFIED HEREIN, THE LETTER OF CREDIT IS SUBJECT TO
THE INTERNATIONAL STANDBY PRACTICES (1998), INTERNATIONAL CHAMBER OF
COMMERCE PUBLICATION NO. 590.
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HENRY !NO
ASSiSTANT ViCE PRESIDENT
163456 Lydia P Marino
Page 3 of 3
JPMorganChase ~ j
JPMorgan Chase Bank, N.A.
c/o JPMorgan Treasury Services
Global"trade Services
10420 Highland Manor Drive
Tampa, FL 33610
NOV 16, 2005
OUR L/C NO.: TPTS-213989
TO:
CITY OF COLUMBIA HEIGHTS
590 40TH AVENUE NE
COLUMBIA HEIGHTS, MN 55421
APPLICANT:
COMCAST OF MINNESOTA, INC.
ATTN: TEODOR TOCAN, 35TH FLOOR,
EAST TOWER, 1500 MARKET STREET
PHILADELPHIA, PA. 19102
WE HAVE ESTABLISHED OUR IRREVOCABLE STANDBY LETTER OF CREDIT IN YOUR FAVOR
AS DETAILED HEREIN SUBJECT TO ISP98
DOCUMENTARY CREDIT NUMBER:
DATE OF ISSUE:
BENEFICIARY:
APPLICANT:
DATE AND PLACE OF EXPIRY:
DOCUMENT CREDIT AMOUNT:
AVAILABLE WITH:
TPTS-213989
NOVEMBER 16, 2005
CITY OF COLUMBIA HEIGHTS
590 40TH AVENUE NE
COLUMBIA HEIGHTS, MN 55421
COMCAST OF MINNESOTA, INC.
ATTN: TEODOR TOCAN, 35TH FLOOR,
EAST TOWER, 1500 MARKET STREET
PHILADELPHIA, PA. 19102
NOVEMBER 14, 2006
AT OUR COUNTER
USD50,000.00
JPMORGAN CHASE BANK, N.A.
BY PAYMENT
IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE AUTOMATICALLY
EXTENDED WITHOUT AMENDMENT FOR ADDITIONAL 12 MONTH PERIODS FROM THE
PRESENT OR EACH FUTURE EXPIRATION DATE, UNLESS AT LEAST 30 DAYS PRIOR TO
THE CURRENT EXPIRY DATE WE SEND NOTICE IN WRITING TO YOU VIA SWIFT, TELEX,
OR HAN'i7 DELIVERY AT THE ABOVE ADDRESS, THAT WE ELECT NOT TO AUTOMATICALLY
163456 Lydia P Marino Paoe 1 of 3
JPMorganChase ~ j
JPMorgan Chase Bank, N.A.
c/o JPMorgan Treasury Services
Global Trade Services
10420 Highland Manor Drive
Tampa, FL 33610
NOV 16, 2005
OUR L/C NO.: TPTS-213989
EXTEND THIS LETTER OF CREDIT FOR ANY ADDITIONAL PERIOD. HOWEVER IN NO
EVENT SHALL THIS LETTER OF CREDIT BE AUTOMATICALLY EXTENDED BEYOND THE
FINAL EXPIRY DATE OF NOVEMBER 14, 2009. UPON SUCH NOTICE TO YOU, YOU MAY
DRAW ON US AT SIGHT FOR AN AMOUNT NOT TO EXCEED THE BALANCE REMAINING IN
THIS LETTER OF CREDIT WITHIN THE THEN-APPLICABLE EXPIRY DATE, BY YOUR
SWIFT OR PRESENTATION OF YOUR DRAFT AND DATED STATEMENT PURPORTEDLY SIGNED
BY ONE OF YOUR OFFICIALS READING EXACTLY AS FOLLOWS:
THE AMOUNT OF THIS DRAWING USD ........... UNDER JPMORGAN CHASE BANK, N.A.
LETTER OF CREDIT NUMBER TPTS-213989 REPRESENTS FUNDS DUE US AS WE HAVE
RECEIVED NOTICE FROM JPMORGAN CHASE BANK, N.A. OF THEIR DECISION NOT TO
AUTOMATICALLY EXTEND LETTER OF CREDIT NUMBER TPTS-213989 AND THE
UNDERLYING OBLIGATION REMAINS OUTSTANDING.
IN THE EVENT THIS LETTER OF CREDIT IS SUBSEQUENTLY AMENDED BY US TO
EITHER:
I) RESCIND A NOTICE OF NON-EXTENSION AND TO EXTEND THE EXPIRY DATE HEREOF
TO A FUTURE DATE, OR
II) EXTEND THE EXPIRY DATE TO A DATE THAT IS AFTER THE STATED FINAL EXPIRY
DATE HEREOF,
SUCH EXTENSION SHALL BE FOR THAT SINGLE PERIOD ONLY AND THIS LETTER OF
CREDIT WILL NOT BE SUBJECT TO ANY FUTURE AUTOMATIC EXTENSIONS UNLESS AN
AUTOMATIC EXTENSION PROVISION IS EXPRESSLY INCORPORATED INTO SUCH
AMENDMENT.
ADDITIONAL DETAILS:
AVAILABLE BY BENEIFICIARY'S DATED STATEMENT REFERENCING JPMORGAN CHASE
BANK, N.A. LETTER OF CREDIT NUMBER TPTS-213989 INDICATING AMOUNT OF
DEMAND/CLAIM AND PURPORTEDLY SIGNED BY AN AUTHORIZED PERSON OF YOUR
COMPANY READING AS FOLLOWS:
"WE HEREBY DEMAND PAYMENT OF USD........... REPRESENTING FUNDS DUE US AS
COMCAST OF MINNESOTA, INC. HAS FAILED TO PERFORM ITS DUTIES PURSUANT TO
THE CITY OF COLUMBIA HEIGHTS CABLE COMMUNICATIONS FRANCHISE ORDINANCE
#1202, DATED JUNE 25, 1990."
ALL CORRESPONDENCE AND ANY DRAWINGS PRESENTED IN CONNECTION WITH THIS
LETTER OF CREDIT MUST ONLY BE PRESENTED TO US AT JPMORGAN CHASE BANK,
163456 Lydia P Marino Page 2 of 3
.1PMorganChase ~ j
JP64argan Chase Bank, N.A.
c/o .IYMorgan Treasury Services
Global Trade Sewices
10420 Highland Manor Drive
Tampa, FL 33610
NOV 16, 2005
OUR L/C NO.: TPTS-213989
N.A., C/O JPMORGAN TREASURY SERVICES, 10420 HIGHLAND MANOR DRIVE, 4TH
FLOOR, TAMPA, FLORIDA 33610, ATTENTION: STANDBY LETTER OF CREDIT
DEPARTMENT. CUSTOMER INQUIRY NUMBER IS 800-634-1969 CHOOSE OPTION 1.
CUSTOMER INQUIRY E-MAIL ADDRESS IS: GTS.CLIENT.SERVICES@JPMCHASE.COM
THE NUMBER AND THE DATE OF OUR CREDIT AND THE NAME OF OUR BANK MUST BE
QUOTED ON ALL DRAFTS REQUIRED.
EXCEPT AS OTHERWISE SPECIFIED HEREIN, THE LETTER OF CREDIT IS SUBJECT TO
THE INTERNATIONAL STANDBY PRACTICES (1998), INTERNATIONAL CHAMBER OF
COMMERCE PUBLICATION NO. 590.
16345E Lydia P Marino Page 3 of 3