MCC Iowa Performance Bond Mediacom
July 27, 2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Mediacom
Corporation Counsel Barry Lindahl is recommending acceptance of the Performance
Bond from MCC Iowa LLC, as required by the Cable Television Franchise Agreement.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Randy Gehl, Public Information Officer
BAR R Y A. L I N D A H L, ESQ.
CORPORATION COUNSEL, CITY OF DUBUQUE
MEMO
To:
Michael C. Van Milligen
City Manager
DATE:
July 25, 2005
RE:
Mediacom
Mike:
Attached is a copy of the Performance Bond required by the Franchise Agreement with
MCC Iowa LLC.
I recommend that the bond be submitted to the City Council at its August 1, 2005
meeting.
cc: Sandra Franco, Mediacom
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113/ FAX (563) 583-1040/ EMAIL balesq@cityofdubuque.org
FORM OF PERFORMANCE BOND
Bond No: 1698918
KNOW ALL MEN THESE PRESENTS,
THAT MCC Iowa LLC, as Principal and The Hanover Insurance Companv having its executive
office 100 North Parkway. Worcester. MA 01605 as Surety, are held and firmly bound unto City of
Dubuque. 1300 Main Street. Dubuque. IA 52001, hereinafter referred to as Obligee, in the penal
sum of TWO HUNDRED FIFTY THOUSAND and 00/100 DOLLARS ($250.000.00) for the
payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents the liability of the Surety being
limited to said penal sum regardless of the number of years this bond remains in force or is renewed, of
the number of premiums that shall be payable or paid, the number of Subscribers to the system and/or
legal fees which may be required and incurred.
WHEREAS, the Obligee has granted a franchise to Principal to use the public streets and places within
its Municipality to transmit and distribute electrical impulse through an open line-coaxial antenna
system for television receivers located within said City of Dubuque. IA.
NOW THEREFORE, the condition of this obligation is such, that if the above bound Principal shall
faithfully perform, well and truly observe and fulfill the terms and conditions of the franchise, than this
obligation shall be null and void; otherwise it shall remain in full force and effect until cancelled.
PROVIDED, HOWEVER, it shall be a condition precedent to any right of recovery hereunder, that in
the event of any formal determination of default by the City Council on the part of the Principal, a
written statement of the particular facts showing the date and nature of such default shall be
immediately delivered to the Surety by registered mail at its Home Office at 100 North Parkway.
Worcester. MA 01605.
AND PROVIDED FURTHER that no action, suit or proceeding shall be had or maintained against the
Surety on this instrument unless same be brought or instituted and process served upon the surety
within twenty-four (24) months after an act of breach or cancellation of this bond or termination of said
franchise, whichever occurs first.
This Bond may be terminated or canceled by Surety by giving thirty (30) days prior notice in writing
from Surety to Principal and said Obligee, such notice to be given by certified mail. Such termination
shall not affect any liability incurred or accrued under this Bond prior to the effective date of such
termination or cancellation.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 5th
day of M 2005.
WITIS".
MCC Iowa LLC
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TITLE ./
Approved and Accepted By:
Obligee
Title
Date
4253\05\00107246.DOC
AlLMERICA ~f1NANCIAl'
CITIZENS INSURANCE'-
HANOVER INSURANCE-
Policyholder Disclosure
Notice of Terrorism Insurance Coverage
The Terrorism Risk Insurance Act of 2002 established a program within the Department of the
Treasury, under which the Federal goverrunent shares, with the insurance industry, the risk of loss
from future terrorist attacks. The Act applies when the Secretary of the Treasury certifies that an event
meets the definition of an act of terrorism. The Act provides that, to be certified, an act of terrorism
must cause losses of at least five million dollars and must have been committed by an individual or
individuals acting on behalf of any foreign person or foreign interest to coerce the government or
population of the United States. The Federal share of compensation under this Program is equal to
90% of covered insured losses in excess of the deductible paid by us under this Program.
In accordance with the Terrorism Risk Insurance Act of 2002, we are required to offer you coverage
for losses resulting from an act of terrorism that is certified under the Federal program. The law also
requires us to disclose to you the premiwn charge associated with the expanded terrorism coverage.
At this time we have waived any premium associated with this program for our policyholders.
So, the cost under your policy is zero.
Any questions concerning your policy and this coverage should be directed to your agent. Thank you
for doing business with our companies.
'_11/03)
Certified Copy Void Without Allmerica Financial Watennark
ThIs Power of Attome ma not be used to execute an bond with an Ince tion date after Jul 1, 2007
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
POWERS OF ATTORNEY
CERTIFIED COpy
KNOVII ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE
COMPANY. both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY
OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint
WIlliam G. Franey, Kenneth W. Roberts, John R. Muha, II, Brenda L. Patterson, Jer! L Russell, Eamonn Long and/or
Jessica Van Marken
of Lanham, MD and each is a true and lawful Attomey(s)-in-fact to sign, execute, seal, acknowledge and deliver for. and on its behalf, and as its act
and deed any place within the United States, or. if the following line be filled in, only within the area therein designated
any and all bonds. recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows:
Any such obligations In the United States, not to exceed Twenty Million and NoI100 ($20,000,000) Dollars in any single instance
And said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue ofthese presents.
These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which
resolutions are still in effect:
"RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are
hereby authorized and empowered to appoint Attorneys-in-fact of the Company, in its name and as its acts, to execute
and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity. waivers of
citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any
such writings so executed by such Attorneys-in-fact shall be as binding upon the Company as if they had been duly
executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted
October 7. 1981 - The Hanover Insurance Company; Adopted April 14, 1982 - Massachusetts Bay Insurance Company;
Adopted September 7,2001 - Citizens Insurance Company of America)
IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS
INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested
by a Vice President and an Assistant Vice President, this 15th day of June, 2004.
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THE COMMONWEALTH OF MASSACHUSETTS)
COUNTY OF WORCESTER ) ss.
On this 15th day of June, 2004. before me came the above named Vice President and Assistant Vice President of The Hanover Insurance
Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and
officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance
Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respeclively, and that the said corporate seals and
their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations.
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Barbara A. Garlick. Notery Public
My Commission Expires November 26, 2004
I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance
Company of America, hereby certify that the above and foregoing is a fuJI, true and correct copy of the Original Power of Attorney issued by said
Companies, and do hereby further certify that the said Powers of Attorney are still in torce and effect.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance
Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America_
"RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attomey and certification in
respect thereto, granted and executed by the President or any Vice President in conjunction with any Assistant Vice
President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually
affixed, even though one or more of any such signatures !hereon may be facsimile." (Adopted October 7, 1981 - The
Hanover Insurance Company; Adopted Apri/14, 1982 Massachusetts Bay Insurance Company; Adopted September
7.2001 - Citizens Insurance Company of America)
GIVEN under my hand and the seals of said Companies. al Worcester, Massachusetts, this
day of May 20 05
5th
Certified Copy Void Without Allmerica Financial Watermark
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
~\J tV~
Charles T Wef/s. Assistant Vice President