HomeMy WebLinkAbout6766_CCv0001.pdf RESOLUTION NO. 6766
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
APPROVING THE TRANSFER OF A CABLE TELEVISION FRANCHISE
FROM TIME WARNER INC. TO TIME WARNER CABLE INC.
WHEREAS, Time Warner Cable Inc. is the proposed successor in interest to the City's
cable television franchise agreement with Time Warner Inc. approved by Ordinance No. 2357 on
August 5, 1997; and
WHEREAS, Time Warner Cable Inc. is a publicly-traded corporation, with
approximately 84% of its common stock currently held indirectly by Time Warner Inc.; and
WHEREAS, Time Warner Cable Inc. and Time Warner Inc. have entered into all
agreement to effect a separation of Time Warner Cable Inc. from Time Warner Inc. (the "Spin-
Off"); and
WHEREAS, upon closing of the Spin-Off, one hundred percent (100%) of the stock of
Time Warner Cable will be publicly traded; and
WHEREAS, Time Warner Cable Inc. and Time Warner Inc. have filed FCC Form 394
with the City of Redlands providing details regarding the Spin-Off; and
WHEREAS, pursuant to section 10.5 of the City's Franchise Agreement with Time
Warner Inc., the City of Redlands wishes to approve the transfer of the Franchise to Time
Warner Cable Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF REDLANDS:
Section 1. The City COL111C1I of the City of Redlands hereby approves the transfer of
its cable television franchise agreement with Time Warner Inc. to Time Warner Cable Inc.
Section 2. Upon the closing of the Spin-off(as described above in this Resolution),
Time Warner Cable Inc. shall remain bound by the obligations of the Franchise.
Section 3. This Resolution shall become effective immediately.
ADOPTED, SIGNED AND APPROVED this 7th day of October, 2008.
M/ ror of the City of Redlands
ATTEST:
(51 0�,o
City Cy rk of the Redlands
1:Aec1erk1,Reso1utions16766 Time Warner-doe
9/29/08 3:32 p.m.
I, Lorrie Foyzer, City Clerk of the City of Redlands, hereby certify that Resolution No. 6766 was
duly adopted by the City Council of the City of Redlands at a regular meeting thereof held on the
7th day of October, 2008, by the following vote:
AYES: Councilmembers Gilbreath, Gallagher, Aguilar, Bean; Mayor Harrison
NOES: None
ABSENT: Node
ABSTAIN: None
Lorri oyzcr, C" y 1 k
1:1cderk%Reso1utionsW66 Time Wamer.doc
9/29/08 332 p.m.
4OPTIME WARNER CABLE
To: Risk Management& Compliance
From: Ingrid Bennett, Risk Management Analyst
Date: November 23, 2009
Re: Surety Bonds—Legal Entity Change
Please not that the legal entity for the enclosed bond(s) has been changed. The
enclosed rider is your official document and notification of this change to the original
bond.
Please contact Ingrid Bennett at Ingrid.Bennett�7a®,twcable.corn or(704-731-3934) if you have
any questions.
i-
RIDER
To be attached to and form part of:
Bond Number 104763028
issued by the TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
in the amount of $ 25,000.00
on behalf of CAC EXHANGE 1, LLC
(Principal)
and in favor of CITY OF REDLANDS
(Obligee)
Now therefore, it is agreed that in consideration of the premium charged, the attached bond
shall be amended as follows:
The Principal Name shall be amended to:
Time Warner NY Cable LLC
It is further understood and agreed that all other terms and conditions of this bond shall
remain unchanged.
This Rider is to be Effective this 31" day of March, 2009.
Signed, Sealed & Dated this 6t" day of November, 2009.
TIME WARNER NY CABLE LLC
(Principal)
By:
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
(Surety)
By: _ �� _
Susan A. Welsh, Attorney in Fact
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Illinois
County of Cook
On 1116/2409 before me, Douglas Schmude, Notary Public,
personally appeared Susan A. Welsh who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
OFFtGAL SEAL
DUUGLAS SCHMUDE
OTARY UBLIC-STATE OF fLLINOI$
seWfOMMISS(cv EXPRES Signature /f -yz
JANUARY 17,2011
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
POWER OF ATTORNEY
TRAV E L E RS .f Farmington Casualty Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America
St.Paul Hire and Marine Insurance Company United States Fidelity and Guaranty Company
St.Pau[Guardian Insurance Company
Attorney-Ire Fact No. 215804 Certificate No_ 0 0 3201535
KNOW ALL MEN BY THESE PRESENTS: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 Minnesow,that Farmington Casualty Company,Travelers Casualty and Surety Company,and
Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty
Company is a corporation duly organized under the laws of the State of Maryland,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 collectively called the"Companies"),and that the Companies do hereby snake,constitute and appoint
Thomas J.Joslin,Karen Daniel, Kathleen J. Mailes,Linda 1ser,Sandra Martinez, Susan A.Welsh,Susan J. Preiksa,Geoffrey E.Heekin,Marcia K.
Cesafsky,Patricia M.Doyle,and Richard A. Moore Jr.
of the City of Chicago State of Illinois their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above,to sign,execute.seal and acknowledge any and ail bonds,recognizances,conditional undertakings and
other writings obligatory 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 orper#utited in ani t ons or,pmceedings allowed by law.
� .;
11th
IN WITN`F!&A.REOF,the Com r7have caused this instrument to be named and their corporate seals to be hereto affixed,this
day of
Farmington Casualty Cotn0410y St.Paul Mercury Insurance Company
Fidelitv and Guaranty 1nsdrance*�niitpae3 Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America
St.Paul Fire and Mariner Insurance Company United States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company
GIaSU,Er tv� gIM1Eb `N1� IXSG d �tiSY Aqp `�"� �Yqy_
o�°M cs a 1dC�ItYMiFtFDG �i l�w�OR��FW°� 4uRgPF�n}
t s rtnatFom,
r 1951 ' SE AL,af i� CONN. �y{ Crani. g n TT39S
a g 5»142.'r \,
State of Connecticut By:
City of Hartford ss. Georg Thompson. nior ice President
11 th October 2007
On this the day of before nae personally appeared George W.Thompson, who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,
Inc.,St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company.Travelers Casualty and Surety
Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he.as such,being authorized so to do.
executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
r,.T )�,
In WitnerAs Whereof,I hereunto set my hand and official seal. �TAW w� C+ • WJ
My Commission expires the 30th day of June,2011. * p11BlMarie C.Tetrcault.Notes Public
58440-4-09 Printed in U.S.A.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
.r
WARNING:THIS POWER OF ATTORNEY IS INVAUD WITHOUT THE RED BORDER
This Power of Attorney is granted undcr and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity
and Guaranty In%L1ranCe Company, Fitichty and Guaranty Insurance Underwriters, Inc.,St.Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance
Company,St, Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United Stales
Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows:
RESOINED,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,recognisances,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:and it is
FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may
delegate all or tiny 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;and it is
ECR H IE:R RESOLVED,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: and it is
FURTHER RESOLVED,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 on
the Company in(he future with respect to any bond or understanding to which it is attached.
1,Kori M,Johanson,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty insurance
Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and
Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelityand Guaranty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attomey executed by said Companies.which is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Corttpanies this .. 6th day of _.November ?(i .09
Kori M.Johann Assistant Secretary
�ASG,at �� yk�Rk 6 `}M �qs4 0. 1*11-
A'-SEA
To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney 4n-Fact number,the
above-named individuals and the details of the bond to which the power is attached.
WARNING:THIS POWER OF ATTORNEY IS iNVAI.ID WITHOUT THE RED BORDER