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HomeMy WebLinkAbout03- TCI Cablevision of Montana Easement Agreement . HOLLAND & HAR'I'LLP ATTORNEYS AT LAW DENVER' ASPEN SUITE 3200 TELEPHONI, (303) 2% 8000 [JOULDEH . COLORADO SPHINGS 555 SEVENTEENTH STREET FACSIMIL ~ (303) 295-8201 [If;NVER TECH CENTER DENVER. COLOI1ADO 80202-3979 BILLINGS' BOISE MAILING ADDRESS Amy C. Palmerlee CHEYENNE' JACKSON HOLE PO [JOX 8749 (303) 295-8462 SALT LAKE CITY' SANTA FE DENVER, COLOHAOO 80201-8740 a pOl I me rlee@I'0IlandI1art.con, WASHINGTON, D.C. DeCClnber 20, 2002 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms. Robin Sullivan Clerk of the Commission City of Bozeman PO Box 1203 Bozeman MT 59717-1203 Re: Easement Agreement between City of Bozeman ("Consenting Party") and TCI Cablevision of Montana, Inc. dated November 7, 1994 (the "Agreement") Dear Ms. Sullivan: This letter will serve to inform the Consenting Party that various aniliates of A T&"r Broadband, LLC ("AT&T Broadband") and Bresnan Broadband Holdings, LLC ("Bresnan") havc entered into an Asset Purchase Agrcelnent dated April 5, 2002, providing for the sale and transfer of substantially all ofthe assets relating to certain of AT&T Broadband's cable television systems (the "Systems"), including the above-referenced Agreement, to Bresnan. The assignment of the Agreement to Bresnan will be eiTcctive as of the date of the closing of the sale oCthe Systems to Bresnan (the "Effective Date"). We respectfully request that the Consenting Party consent to (i) the assignment and transfer of the Agreement to Bresnan, together with all rights and obligations thereunder arising from and after the EfTective Date, (ii) any subsequent assignment and transfer of the ^grecment frOtn Bresnan to an entity controlling, controlled by or under connnon control with Bresnan ("Bresnan Affiliate"), together with all rights and obligations thereunder arising ii-onl and after the date of such assignment and transfer and (iii) the assignment and pledge of its interests under the Agreement by Bresnan or the Bresnan Affiliate, f(lr collateral purposes, to such financial institutions as Bresnan or thc Bresnan Affiliate may select from time to time. In addition, please acknowledge that the Agreement represents the entire understanding of the parties therelo and is in full force and effect as of the date hereof, and that to the knowledge or the Consenting Party, AT&T Broadband is in material compliance with the provisions of the Agreelnent and there exists no fact or circumstance which constitutes or which, with the passage of tirne or the g,iving of notice or both, would constitute, a material default or breach of the Agreement. ~ HOLLAND & I--IAlrr I,Ll' ATTORNEYS AI J ,A W December 20, 2002 Page 2 As of the Effective Date, Bresnan or one of its affiliates will be bound by and will assume and discharge, in accordance with its terms, all obligations of AT&T Broadband under the Agrccment with respcct to periods fronl and after the EfTective Date, and AT&T Broadband will be relcased from its obligations under thc Agreement arising at any tinlc on or after the Effective Date. Please evidence your consent and agreernent to the foregoing by signing, dating and returning the cnelosed copy of this letter. A return envclope is cnclosed for your convenience. I r you have any questions or require further information, please contact tlle undersigncd at (303) 295-8462 or at apalmerlee@hollandharLcom. Your prompt attcntion i\l1d cooperation in this rnatter are greatly appreciated. Sincerely, ,. ..' I ( / {11 i,/'(" ( I I, \ Ill( . /- ____ L '{"'j I l' " ; ...-," .~-----, /I .. , ..1".' ~. Amy CvT>almerleJ for Holland & I Iart, 1.1.1' CONSENTED AND AGREED 'ro this}~ day of~bruary ,~~~1 CITY OF BOZEMAN \ 13 y:-:::..-...----- ...."-~'--,I\-",..----,._"-----.. Name: Clark V. Johnson ~,,'.~~'_W~ Title: ___ C; tv Manager ._,~-'--- 292!{665_ 4.I)OC