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HomeMy WebLinkAboutMINUTES - 12102010 - C.125RECOMMENDATION(S): AUTHORIZE the County Administrator or his designee to sign and send letters releasing Astound Broadband LLC from Wells Fargo Letter of Credit No. NZS556975 in the amount of $50,000 and Travelers Casualty and Surety Company of America Franchise Bond No. 104898401 in the amount of $100,000, and to return the Wells Fargo Letter of Credit No. NZS556975. FISCAL IMPACT: It is anticipated that the requested action will have no fiscal impact. The County has no reason to draw from the Letter of Credit or Performance Bond since Astound is no longer operating under a video service franchise issued by the County. BACKGROUND: Until November 2009, Astound Broadband Cable (“Astound”) provided video service within the County under a franchise APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/14/2010 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Federal D. Glover, District V Supervisor Contact: Christine Wampler, (925) 313-1196 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 14, 2010 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.125 To:Board of Supervisors From:David Twa, County Administrator Date:December 14, 2010 Contra Costa County Subject:Astound Broadband Cable release of liability BACKGROUND: (CONT'D) issued by the County. As a condition of the franchise, the County required Astound to establish a $50,000 line of credit and a $100,000 performance bond in the County’s name. On November 9, 2009, Astound obtained a video service franchise from the State of California for service within the County, replacing the franchise issued by the County. Pursuant to the franchise issued by the State of California, Astound is required to maintain a $500,000 performance bond with the State. Since Astound is no longer operating under the video service franchise issued by the County, Astound is requesting that the County release it from the liability of the line of credit and performance bond established in the County’s name, by providing them with signed letters to that effect. Astound is also requesting that the County return the original letter of credit to it. CONSEQUENCE OF NEGATIVE ACTION: If the County does not release Astound from the letter of credit and performance bond, Astound may seek cancellation of these instruments by alternative means. CHILDREN'S IMPACT STATEMENT: N/A