Loading...
HomeMy WebLinkAboutRelease Franchise Bond - Time Warner Cable CITY OF PALM DESERT SPECIAL PROGRAMS DEPARTMENT STAFF REPORT REQUEST: RELEASE OF BOND NO. 8S10064830299241 TO TIME WARNER CABLE, DESERT CITIES SUBMITTED BY: Frankie Riddle, Director of Special Programs DATE: May 8, 2008 CONTENT: Letter of Request for Release of Bond Copy of Franchise Bond RECOMMENDATION: By Minute Motion, authorize staff to release Time Warner Cable, Desert Cities Franchise Bond No. 8S10064830299241. BACKGROUND: The City of Palm Desert received Time Warner's request dated April 16, 2008, to release its Franchise Bond, PerFormance Bond, and letter of credit and/or security deposit. However, the only item the City has on record is the Franchise Bond No. 8S10064830299241. As of January 2008, Time Warner has been operating under a State of California Franchise and is no longer required to maintain a bond(s) with the City. Staff recommends that City Council authorize staff to release Franchise Bond No. 8S10064830299241 to Time Warner Cable. Submitted By: Approval: a '! / Frankie Ri le �,`.Carlos L. Ort a Director of Special Programs City Manag CITY COUNC�L CTIOIv: ur: ,A�'PROV�D � DENIED � RECBIVED OTHFsR � 1 , MBSTIN�C- Dx,TE ,�- �-Q� AYES: FC'r ' ��� � � l l I1 � NOES: o��. i Sheila R. Gilligan ABSENT•_�t„�,�, ACM of Community Service ABSTAIN• � > � VERIFIED BY• �(��� Original on�File with City Cl�rk's Offi�e San Uieyu Division Li��y�it G;r,';�v'�ter� 41 �25 Cook Street PaIn�.Desert, CA 92?1' Tel(760) 340 131? Ftax(7F0) 340 2;�3�� i�� TIME WARNER CABLE THE POWER OF YOU'" April 16, 2008 Via Certified Mail/ Return Receipt Requested Frankie Riddle Dir. of Special Programs City of Palm Desert ?3-S1�J Fred �`Jaring �Jr. Palm Desert, CA 92260 Dear Frankie: Under provisions of the local franchise agreements with the City of Palm Desert, we were required to provide a franchise bond, performance bond, letter of credit and/or security deposit. We are now providing service under a state franchise in this area and are no longer required to fulfill these local franchise requirements. Please provide a letter releasing Time Warner Cable, Desert Cities from this obligation to my attention at: Time Warner Cable 41725 Cook St. Palm Desert, CA 92211 Should you have any questions, please give me a call at (760) 674-5377. Thank you, �--f-- �C���-- athi Jacobs irector of Public Affairs —j o�, -�'�::t.; Replaces Bond No.: U9000097-0462/United Pacific FRANCE�SE BOND BOND NO. $S10064830299241 KNOW ALL MEN BY THESE PRESENTS, That, we, T1M CABLE INC. , 8S PIlIIClp31, 811d AMERICA , 3S Sll[C�Y, are held and firmly bound unto CITY OF PALM DESERT Palm OeeeR no nVe CA 92280 , a$ Obligee, in the sum of 7en Thousand and 00/100 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 tine-caaxial antenna system located therein. Principal has agreed to faithfully perform and observe and fnlfill 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, 1'HEREFORE, THE CONDITION OF THIS OBLIGAT'ION IS SUCH, That if the above named Principal, its successors or assigns, dces 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 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.pt�omg�}+, and in any event, within thirry (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 acdon 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. THIItD: That this bond may be terminated or canceled by surety by THIR1'Y (30) days prior notice in writing to Principal and to Obligee, such notice to be given by registered mail. Such ternvnation 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 WITNFSS WHEREOF, The above bound Principal and the above bound Surety have hereunto set their hands and seals on the 31 st day of August , 1999 T1M CA NC. BY CIPAI,) TRAVELERS CASUALN AND SURETY COMPANY GF AMERICA BY`����-���-�C.� � � �1t�,�i�t-�l� a een . erson Attorney-ir,-ract State of Illinois County of Cook On the 31st day of August 1999, before me personally came Kathleen M. Anderson to me known, who, being by me duly sworn, did depose and say: that she resides in Cook County, Illinois that she is the Attorney-in-Fact of Travelers Casualty And Surety Company of America . Q Notary Public "OFFICUIL8EAL' SANDRA M,MqqTNVq No4ry Pubqc�gt�a� MYCarrN�lonE�1�U00 TRAVEL''^S CASUALTY AND SURETY COI�ANY OF AMERICA 1 ELERS CASUALTY AND SURETY COMP�� FARMDYGTON CASUALTY C011�AM' Hattiord.Connecticut 06183-9062 TRAVELERS CASUALTY AND SURETY COMPANY OF Q,LAOIS Napenille,Dtinois 60563-8�58 POWER OF ATTORNEY AND CERTffICATE OF AUTHOWTY OF ATTORNEY(S)-DV-RACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUAL'TY AND SQRETY C011�ANY OF AMERICA, TRAVELERS CASUALTY AND SURETY C014IPANY and FARMINGTON CASUALTY COMPANY, co�poraaons duly organized under tbe laws of the State of Connaticut, and haviag their principal offias in tbe City of Hartford, Counry of Hartford, State of Connxticut, and TRAVELERS CASUALTY AND SUREIY CO1ViPANY OF D.LU�IOIS, a corporation duly organized under the laws of the State of Dlinois,and having its principal offioe in the City of NaperviUe,Counry of DuPage. State of Illinois, (hercinafter the "Companla") hath made. oonstituted and appointed, and do by tbese presenta make, constitute and appoint: Thomas J.Joslln,Chri�ne Marotta,L,inda Iaer,Sandn MarNna,Kat6lan M. Anderaon, Kat6lan J. Malla or Karen Daa1d " • of C6icago, II., their true and l�wl�1 AtWrney(:}in-Fact, with full power and autbority heceby conferrod to sigq execute and acknow•ledge,at any plaa witLin We United States,or.if the following line be filled in,within the arca therc designated the'following insttutnent(s): by his/her sole signature and act, any and all bonds, rcoognizancts, contr�ts of indemnih•. and other Writings obligatory in the naturc of a bond, rxognizana,or oonditional undertaking and any and all oonsents incident tbercto and to bind the Companies,t6ereb�� u fully and to tbe�ame ertent u it the aame w•ere sip�ed by t6e duly aut6oriud of'ficers ot t6e Companies, and all the acts ot said Attorney(s}io-Fact,pursuant to t6e aut6ority bercio�iven,are 6ereb�• ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are no���in full force and e6ect: VO'IFD: That the Chairman.the President,any Via Chairman,any Executive Vice President,any Senia Vice Presidrnt,any Vice President,eny Second Vice President, the Treasurer,any Assistant Trcasura,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in•Fact and Agtnts to act for and on behalf of the company and may give such appointee such authaity as his ot her artificate of authoriry may pracribe to sign with the Company's name and seal with the Company's seal bonds,recognUances,contrects of indemnity,and other Writings obligatory in the nature oC a bond,recognizance,or conditional und�rtaking,and any of said oRcers ot the Board of D'vectors at any time ma�•remove any such appointce and revoke the power given him ot het. VOTED: That the Chairman,the Presiden�any Vice Chaim�an,any Execudve Vice President,any Seaior Via President or any Vice President ma�•delegate all or any part of the foregoing suthoriry to ooe a more o�cers or employees of this Company,provided that each such delegation is in Writing and a copy thereof is filed in the ottice of the Secretary. _ VOTED: That an}• bond, recognilance, contract of indemr►ity, ot wrting obligatory in the nature oC a bond, recognizance, or conditional undertaking shall be valid and bitsding upon the Company when(a)si�ned by the Presideat,aay Vice Churman,any Executive Vice Prcsident,any Senior Vice President or any Vict Praidea� any Second Vice Presidene, the Ttessura.any Assistant Treasuret, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Sectetary or Assistant Secretary,or(b)duh executed(under seal,if requved j b} one or more Attomeys-in-Fact and Agenb pursuaat to the power prescribed in his a het catiGcate or their certi.icates of authority or b} onz or more Company officers pursvant to a wTitten delegation of autho�iry. Tbia Po�e�of Attorney�and Certiticate of Autbority i�aigned aed sealed by tacsimile under and by aut6orih•ot tbe lollowiq� Standin� Resolution �•oted by tbe Boirds of Directon of TRAVELERS CASUALTY AND SURE'TY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COIV�ANY �nd TRAVELERS CASUALTY AND SURETY COMPANY OF a,L�IOiS,�v6ic6 Rtsolution i�now�in full foree and ef'�'ect: V07ED� That the signaturc of each of the fopowing ofGcets: Praident, aay Exxutive Vice Praideat, any Senior Vice Presidrnt, any Vice Pres�dent,any Assistant Vice President,any Secretary,any Assistant Secretary, aad the seal of the Compeny may,be�xed by facsimile to any poa•a of attorney or to anp certiCicate rclating thereto appointing Raident Vice Presideats,Resident Assistant Secretuies or Attorneys-in-Fact for purposes only of exauting and attesting bonds and undeAakings aad other writings obGgatory in the nsture thereof,end anp such powa ot attorney or certificate bearing such facsimiJe signanue or facsimile sal shall be valid and bindin�upon the Company end any such power so exauted and certified by such facsimile signature and facsimile seal shall be vatid and binding upou the Canpnny m the future with respect to any bond w undertaking to which it is attached. �g-9� ------ W WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS , CASUALTY AND SURLTY CO1V�'ANY, FARMfNGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOLS have caused tt►is inswment to be signod by their Seaior Vice Presideot, and their corporate seafs to be h�roto affixed this 14th day of April, 1499. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPAI'�Y OF AMERICA �SS.Hartford TRAYBLERS CASIJALTY AND SURETY COMPANY FARhIDYGTON CASUALTY COMPANY COUNTY OF HARTFORD 'i'RAVELERS CASUALTY AND SURETX COMPANY OF II.LINOIS i ,�s�tr� ',�+`ir'q'a. Gµuq(� MI��It�► ` � �' � �S � ` ������ s` ►Wt[►OiID� < Q e�11�i=�. � SEAL . �• � S �� �� � �'�j,`!C�"�1 'ter,io�� � BY �� , � �f . '.+ . , * �h, , s� Georqe W. Thompson Senior Vice President On tbis 14th day of April, 1999 before me personally carae GEORGE W. THOMPSON to me know�n, who, being by me duly sworn,did depose and say: that bdshe is Senior Vice President of TRAVELERS CASUALT'Y AND SURETY COA�'ANY OF AMERICA, TRAVELEILS CASQALTY AND SURETY COMPANY, FARMINGTO'.V CASUALTY CO1l�'A1�iY and TRAVELERS CASUA.L7Y AND SURETY COMPANY OF ILLINOLS, the corporatians described in and w•hicr, executed the above instrument; that heJshe knows tbe s�eals of said corporadons; that the seals aff'ixod to the said instrument aze such corporate seals; and that hds6e execut�d tha said instrument on behalf of the corporations by authorit}� of his/her office under the Standing Resolutions thercof. . ,�a� m4Ju.R. �, - � # *p * _ ` My commissio�expires June 30, 2001 Notary Public Marfe C.Tetreault CERTff1CATE 1, the undcrsigned, Asaistant Secrctary of TRAVEI.ERS CASUALTY AND S�JRETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTUN CASUALTY COMPANY,stock corporadons of the State of Connecticut, and TRAVELERS CASUALTY AND SUItETY COMPANY OF Q.LINOIS, stock corporation of.the State o�'Illinois,DO HEREBY CERTIFY that the fongoing uad attached Power af Atiomey and Certificate of Authoriry remains in t�il fora sod h$a not boea revoked;and futthermore,tbat t6e Standing Resolutions of the Bvazds of Dirators, as set forth in the C,ertiScau ot Authoriry.an now in fora. Signed and Sealed at tbe Home Offia of the Company,in the City of Hartford, State of Connocticu� Datod this 31 s t day ot August , 19 99 . ,�swin� 'J*`�r'�'�ro� 1�r rp�1t�y �. �` � � ~� ~ 3 ���� �ip�. a' IWtT1�OR�, < 1!1= �' � �• By �pNl � �� OOlri +� � � � it � � ; �� �<<,,,,,•� Brian Hoffman � • � • '+ � ' ' • �T Assistant Secretary, 8ond 1 .