HomeMy WebLinkAbout03- AT&T Broadband & Bresnan; Nov 7, 1994 Easement Agreement - Easement Agreement
DENVER. ASPEN
BOULDER' COLORADO SPRINGS
DENVER TECH CENTER
BILLINGS' BOISE
CHEYENNE. JACKSON HOLE
SALT LAKE CITY' SANTA FE
WASHINGTON, D.C.
SUITE 3200
555 SEVENTEENTH STREET
DENVER, COLORADO 80202.3979
MAILING ADDRESS
P.O. BOX 8749
DENVER, COLORADO 80201-8749
TELEPHONE (303) 295-8000
FACSIMILE (303) 295-8261
HOLLAND & HARTLLP
A TIORNEYS AT LAW
Amy C. Palmerlee
(303) 295-8462
apalmerlee@hollandhart.com
December 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 affiliates of AT&T
Broadband, LLC ("AT&T Broadband") and Bresnan Broadband Holdings, LLC ("Bresnan")
have entered into an Asset Purchase Agreement dated April 5,2002, providing for the sale and
transfer of substantially all of the 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 effective as of the date of the closing of the sale
of the Systems to Bresnan (the "Effective Date").
We respectfully request that the Consenting Party consent to (i) the assignment and
transfer ofthe Agreement to Bresnan, together with all rights and obligations thereunder arising
from and after the Effective Date, (ii) any subsequent assignment and transfer of the Agreement
from Bresnan to an entity controlling, controlled by or under common control with Bresnan
("Bresnan Affiliate"), together with all rights and obligations thereunder arising from 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, for collateral purposes, to such financial
institutions as Bresnan or the Bresnan Affiliate may select from time to time. In addition, please
acknowledge that the Agreement represents the entire understanding of the parties thereto and is
in full force and effect as of the date hereof, and that to the knowledge of the Consenting Party,
AT&T Broadband is in material compliance with the provisions of the Agreement and there
exists no fact or circumstance which constitutes or which, with the passage of time or the giving
of notice or both, would constitute, a material default or breach of the Agreement.
Si~cerely ,i _
., .:' 1.... /,1 , :)
'..~ ltt1v'v1l!r' C, l(LG'}vv~~~L-
Amy CUPalmerlecl
for Holland & Hart, I.LI'
HOLLAND & HARTLLP
ATroRNEYS AT LAW
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
Agreement with respect to periods from and after the Effective Date, and AT&T Broadband will
be released from its obligations under the Agreement arising at any time on or after the Effective
Date.
Please evidence your consent and agreement to the foregoing by signing, dating and
returning the enclosed copy of this letter. A return envelope is enclosed for your convenience. If
you have any questions or require further information, please contact the undersigned at (303)
295-8462 or at apalmerlee@hollandhart.com. Your prompt attention and cooperation in this
matter are greatly appreciated.
CONSENTED AND AGREED TO
this ~ day of February ,~&&~
CITY OF BOZEMAN
B y:--
Name:
Title:
.~.
Clark V. Johnson
City Manager
2928665_.4.DOC