HomeMy WebLinkAbout03- TCI Cablevision of Montana Easement Agreement
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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.
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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 (
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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
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Name: Clark V. Johnson
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Title: ___ C; tv Manager
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