President
Good morning residents,
At this point the Board has no new information to give you regarding the Bulk Cable contract agreement with either Spectrum or Frontier. We have listed our concerns below, and we are still waiting for a response. Our last message from Spectrum is that they will need more time. We are in negotiations with Frontier and are discussing terms of a contract with our legal counsel, FAC representatives, and the Board to try and reach a conclusion that is satisfactory to all parties.
Many have asked about a timeline for completion and it is something the Board can’t provide at this time. We can tell you, given a resident vote will be necessary before signing any agreement, we don’t anticipate anything being final for at least 4-6 months. The resident vote will take about 90 days to complete if and when we get a contract from one of the companies the Board feels is acceptable.
Given this information my only suggestion to all those returning to the area is to carefully consider signing a long term agreement with any company if it requires cancellation fees.
Here are the contract points the Board feels need adjusting before proceeding:
- SCSHCA will require that it can terminate the contract if Spectrum is in breach of the contract and addendums and fails to cure those defaults within thirty days of receiving written notice of any breach.
- SCSHCA will require that the contract not have an automatic renewal feature at the expiration of the term of the contract.
- Spectrum will need to furnish certificates of insurance and applicable endorsements as set forth in our standard contracts for services provided by vendors to SCSHCA.
- SCSHCA will not provide an indemnity to Spectrum and will require Spectrum to provide an indemnity to SCSHCA.
- Spectrum will need to furnish SCSHCA with all their authorized Agents that will have access to the Property.
- The authorized Agents will need to furnish certificates of insurance and applicable endorsements as required of Spectrum or Spectrum insurance will have to provide evidence of coverage applicable to all Agents.
- Should Spectrum wish to assign the contract, the consent of SCSHCA shall be required which consent cannot be unreasonably withheld, conditioned, or delayed.
- A default on the part of Spectrum will include filing of involuntary bankruptcy, committing waste on SCSHCA property.
- The Spectrum contract will need to include exhibits where the current form refers to website locations; current policies under those provisions at the execution of the contract must be an exhibit to the contract.
- Spectrum must provide notice of any material changes to their current policies to SCSHCA so that SCSHCA can provide notice to its unit owners.
If you have additional questions, please let me know. Thank you.
Thank you,
Kim Fuller
President