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CABLE TELEVISION - FRANCHISE BOND 2530 Drew Street Clearwater, FL 33765 tel 727.797,1818 fax 727.431,8601 RECEI'VED bright house MAI~ 0 1 2004 NETWORKS CITY ATTORNEY February 27,2004 Pam Akin City Attorney City of Clearwater 112 South Osceola Avenue Clearwater, FL 33756 RE: Performance Bond Dear Ms. Akin: Thank you for bringing to my attention the fact that we had not provided you with the performance bond as part of our existing franchise with the City of Clearwater. I apologize for this not being taken care of at the time the franchise was renewed. Enclosed is the Franchise Bond, number 104136942, in the amount of $50,000, as required by Section 7 F(2). If you have any questions, please feel free to contact me. Sincerely, ~t:~::r- Vice PresidenUGeneral Manager Enclosure FRANCHISE BOND Bond Number 104136942 KNOW ALL MEN BY THESE PRESENTS, That, we, Bright House Networks. LLC, as Principal, and Travelers Casualty and Surety Companv of America, a corporation of the State of Connecticut, as Surety, are held and firmly bound unto City of Clearwater. Florida, as Obligee, in the sum of Fifty Thousand and 00/100 Dollars, ($50,000) 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 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 line-coaxial antenna system located therein. Principal has agreed to faithfully perform and observe and fulfill all terms and conditions of said Franchise agreement referred to above and said agreement is hereby made a part of this bond with like 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 successors or assigns, does and shall well and truly observe, perform and fulfill its obligation 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 subject, however, to the following express conditions: FIRST: That in the event of a default on the part of the Principal, its successors or assigns, a written statement of such default with full details thereof shall be given to Surety promptly, and in any event, within thirty (30) days after 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. THIRD: 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 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. FOURTH: 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. IN WITNESS WHEREOF, The above bound Principal and the above bound Surety have hereunto set their hands and seals on the ~ day of February, 2004. Bright House Networks. LLC By: ~~ Principal OMP ANY OF AMERICA / / By: r +' C CLl E >oCLl +<01 CLl" LCLl ~"i C/jo ,C ~ o <( state of New York ss. Cou nty of Nassau On th'is personally came 13th day of Februarv , 2QQ.~, before me to me k now n, he is an attorney-j n-fact of Raymond C. Carman who, being by me duly sworn, did depose and say that Travelers Casualt and Suret Com an of America . e corpora Ion scrl In an w IC x CU WI In Ins r . e knows the corporate' seal of sai d corporation; that the seal affix.ed to the w iff! i n instrument is such corporate seal; and that _he signed the said instrument and affixed the said seal as attorney-in-fact by authority of the Board of Dir,ecto'~s of said corporation and by authority of this office under the Standing;)le~o.~~tiO-~ :1f~~eo~: My commission expires ~ ~~-, .. - No ar~ u IC:: ~ Form NOTARY01-01-92 KAREHPORZIA .., Public. State of ,... lilt Na.01P06022693 c.::::: II Nassau Coantr &piru A,rit 5, 2111I LIMITED LIABILITY CaMP ANY ACKNOWLEDGMENT State of 711(/",- (.1 nL ss. County of 7111(iJiDAA- ! .iJ On this ~day of 12%, cJ.fJ/)'I before me personally appeared ~V!4L 17" r)ttA/J)'l, to me known wI]. being by me duly sworn, did depose and say, that he/she resides in , that he/she is the of the , the Limited Liability Company described in and which executed the foregoing instrument: and that he/she authorized under the Articles of Organization and the Operating Agreement as amended and in effect this date to execute the forgoing instrument and so bind the Limited Liability Company. KAREN~'BRJEI\L " Notary Public,Sta~e-st~\le~v 'fork No. 01-50007 l' C . Q~alified inN~5au " ~..Q\'( ,_ " ", ommlsslon Expires .' _~ TRAVELERS CASUAL TV AND SURETY COMPANY OF AMERICA HARTFORD, CONNECTICUT 06183 FINANCIAL STATEMENT AS OF DECEMBER 31, 2002 CAPITAL STOCK S 6,000,000 ASSETS CASH & INVESTED CASH BONDS STOCK OTHER INVESTED ASSETS INVESTMENT INCOME DUE AND ACCRUED PREMIUM BALANCES REINSURANCE RECOVERABLE FEDERAL INC. TAX RECOVERABLE RECEIVABLE FOR SECURITIES OTHER ASSETS S 278,&43,790 1,677.445,816 24,767,760 17,n<4,761 103,906,338 50,822,902 26,2<47,667 6,059,188 " ,116.982 TOTAL STATE OF CONNECTICUT COUNTY OF HARTFORD CITY OF HARTFORD )SS. LIABILI I UNEARNED PREMIUMS LOSSES LOSS ADJUSTMENT EXPENSES ACCRUED EXPENSES AND OTHER UABILITIE5 PROVISION FOR REINSURANCE PAYABLE FOR SECURITIES TOTAL LIABILITIES S 406,2156,504 389,252,880 81,861,145 323,918.596 27,488,539 260.454,330 1 ,4S9,241 ,994 CAPITAL STOCK PAID IN SURPLUS OTHER SURPLUS SURPLUS TO POLICYHOLDERS S 6,000,000 303,297,AI02 398,446,808 TOTAL 707,744,210 S 2,195,986,204 LAWRENCEA. SIUTA, BEING DULY SWORN. SAYS THAT HE IS VICE PRESIDENT, BONO, OF TRAVELERS CASUALlY AND SURETY COMPANY OF AMERICA, AND THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF. THE. FOREGOING IS A TRUE AND CORREcT STATEMENT OF THE FINANCIAL CONDITION OF SAID COMPANY AS OF THE 31ST DAY OF DEcEMBER, 2002. SUBSCRIBED AND SWORN TO BEFORE ME T~IS 13TH DAY OF MARCH, 2003 ~i'D'NT' OON;(. ~ ~ C :\r:trlllJtl.r NOTA Y PUBLIC TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRA VELER.s 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 .AN.[Ero:CA,' TRAVELERS CASUALTY AND SURETY COMPAN1: and FARMINGTON CASUALTY COMPANY, corporations dilly 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: D. J. Scotto, Virginia M. Lovett, Raymond C. Carman, John E. Maher, Janice Fiscina, of-EImont, New York, their troe 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 his/her sole signature .and 'act, any and all 'bondS, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bonCl,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 saine were signed by the -dilly 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 ~eChairman, the President, any Vice Chairman, any Executiye 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 nafure 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 filedili the office of the Secretary_ VOTED: That any bond, recogn.i.iarice;' contract of indemnity, or 'Miting obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and qj,ndin:g'upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, IlllY 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) dilly 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 v'"ELERS CASUALTY A1'\"D SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now inJull force and effect: V01ED: 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 purpo'ses only of -executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, .and any such power of attorney or cerfi.ficate bearirJ.g. such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and ~ertified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future v;rith respect to any bond or mdertaking to which it is attached, r An C'+..._~..._...:!\ IN WIT~~SS WHEREOF, TRAV~LERS CASUALTY A.L~-:D SURETY COlYIPA1~-r OF MYlERICA, TR\'V~LERS CASUALTY AL'W SURETY COlVIPAL'IT and FARvlINGTON CA~UALTY COIYIP.A.L'IT haye caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto aff:i'(ed this 13th -day of March, 2003, STATE OF CONNECTIClJT }SS. Hartford COUNTY OF HARTFORD ~ TEA VELERS CASUALTY AND SURETY CO:MP Al"IT OF AMERICA TRAVELERS CASUALTY AND SURETY CO~1PANY FARL'\1INGTON C~UALTY COiYIPANY ~~. ,- By George \fII.. Thompso.J:l Senior Vice President On this 13th day of March, 2003 before me personally came GEORGE W. THOlVlPSON to me known, who, being by me dilly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COlVlPANY and FARMINGTON CASUALTY COMPANY, 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 are S1lch corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her C?ffice under the Standing Resolutions thereof '<Y\().j\.~ c,~~ My commission expires June 30, 2006 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON 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 revoked; 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 Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 13th day of February ,20 04 .' :V>>..1'jo~_lJ.>>O(f/f/~ ~~.\.lIll_,~~ II ~l - '\~~ f~{~.~~~~'~} ~ .,~~ ~.:-'\~~~ l~ C:=T);;/ rK" P:? ~ ' '. By " ~ Kon M. Johanson Assistant Secretary, Sond <: . ~5M 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 ~osses 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, ifany, the Act will have on your premium. - Under th~ 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 th~ 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 poficy or bond being quoted). Please also note that no separate ~dditional 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.