HomeMy WebLinkAboutCity Council Item No. 13CITY OF
LAKE ULSMOKE
DREAM EXTREME
M
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: MARCH 24, 2009
SUBJECT: PROMOTIONAL SERVICES AGREEMENT— RONNIE KOVACH'S
OUTDOOR ENTERPRISES, INC.
Background
This item is to consider an agreement for professional services for marketing and
promotion, through a combination of cable television programming, radio commercials
and "live" interview spots, plus inclusion on the Fishing Expeditions.com Website. The
promoter /producer is Ronnie Kovach's Outdoor Enterprises, Inc., an internationally
recognized freshwater and saltwater fishing expert and multi -media brand.
Discussion
Marketing the Lake as a recreational destination is an economic development goal
shared by the City of Lake Elsinore and the Lake Elsinore Chamber of Commerce. The
LEVCC has been working with Ronnie Kovach's Outdoor Enterprises, Inc. to develop a
marketing packaged featuring Lake Elsinore.
Ronnie Kovach's is a multi -media producer, motivational speaker and author. Mr.
Kovach's production credentials include:
• Fishing Ventures television program on FOX Cable Networks' FOX Sports
West, which reaches 175,000 households throughout southern California,
southern Nevada and Hawaii;
• "Radio Fishing University," on air for its 16 year, Saturday mornings on KLAA
AM 830 (the fourth strongest signal in California);
• www.FishingExpeditions.com, the Internet home of Ronnie Kovach's Fishing
Expeditions, an international multi -media resource.
Agenda Item No. 1
Page 1 of 11
Promotional Services Agreement: Ronnie Kovach's Outdoor Enterprises, Inc.
March 24, 2009
Page 2
The 52 -week media package described in the attached service agreement (Attachment
`A') combines all three of the above media outlets to increase exposure of Lake
Elsinore's fishing and tourism attractions. Attachment 'B' documents the existing
contract and renewal option between FOX Sports West and Ronnie Kovach's Outdoor
Enterprises, Inc. through 2009. Insurance coverage for Errors & Omissions -Media
Liability is shown on the attached certificate (Attachment 'C'). Excess liability coverage
while filming in Lake Elsinore is not shown.
The centerpiece of this agreement is production of a 30 minute film featuring a fishing
adventure on Lake Elsinore with City content and advertorial. The film will air on FOX
Sports West for a total of six runs, over a 52 week promotional period. The shows will
also be televised nationally on DISH Network and Direct TV.
Fiscal Impact
The not -to- exceed cost for this promotional package is $11,000 including expenses.
According to the CEO of the Lake Elsinore Chamber of Commerce, the Chamber can
arrange for complimentary lodging and meals for the production company during their
visit to Lake Elsinore, greatly reducing any direct expenses.
In a conversation with the Administrative Coordinator of the Lake Elsinore & San Jacinto
Watersheds Authority (LESJWA), up to $3,500 in co -op funding for education and
outreach may be available. If funding participation is authorized by LESJWA, the net
cost to the City would be $8,500.
Unallocated funds need to be appropriated for this promotional service agreement.
Recommendation
A) Approve funding appropriation in the amount of $8,500 from unallocated
revenues for recreation & tourism promotion;
B) Authorize the City Manager to secure co -op funding participation in the amount of
$3,500 from LESJWA, subject to LESJWA approval;
C) Authorize the City Manager to execute a professional services agreement with
Ronnie Kovach's Outdoor Enterprises, Inc. not -to exceed $11,000.
Prepared by: Mark Dennis 2 n0 —
Information /Communications Manager
Approved by: Robert A. Brady
City Manager
Agenda Item No. 13
Page 2 of 11
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Attachment "A" Ultima!o
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Professional Services Agreement
City of Lake Elsinore
City of Lake Elsinore will receive the following promotional services via TV, Radio, and Internet
media:
• Production of one (1) new 30- minute film featuring a fishing adventure on Lake Elsinore with
strong City of Lake Elsinore content and advertorial.
The film will air a minimum of three separate weeks on FOX Sports West into a potential 10
million homes over the 52 -week promotional period. The film will air on Sundays at 9:30 AM
and Tuesdays at 2:30 PM, for a total of six (6) airings. FOX Sports West is the home of the
Los Angeles Lakers, Los Angeles Clippers, Dodgers Baseball, Angels Baseball, Anaheim
Ducks and Los Angeles Kings Hockey, UCLA Bruins, USC Trojans, and Galaxy Soccer.
This 14 -time Telly Award winning show is also televised nationally on DISH Network and
Direct TV.
• The City of Lake Elsinore receives the right to video stream this film, produced by Ronnie
Kovach Outdoor Enterprises, Inc., onto the City of Lake Elsinore website and for use at
trade and consumer shows.
• One (1) 60- second commercial on the powerhouse 50,000 watt KLAA AM 830 radio station
on the award winning "Radio Fishing University" (16 year on the air) program for a 52 -week
promotional period.
AM 830 is the 4 th strongest signal in California!
• Four (4) 2 -hour live "in studio" radio specials co- hosted by City of Lake Elsinore personnel.
• One (1) 3 to 5 minute weekly "call -in" to the "Radio Fishing University" program with the
purpose to provide updates from Lake Elsinore.
• Inclusion on the www.FishingExpeditions.com website with the opportunity to create an
entire City of Lake Elsinore promotional page on the site.
In exchange, Ronnie Kovach Outdoor Enterprises, Inc. (RKOE) to receive:
Not to exceed promotional fee of $11,000 (four quarterly payments of $2,750) including
expenses.
• Initial payment will be due at the commencement of promotional services, April 1, 2009, and
at the beginning of each quarter thereafter (July 1, 2009, October 1, 2009, January 1, 2010).
Robert A. Brady
City Manager
Ronnie Kovach
President/CEO
Ronnie Kovach's Outdoor Enterprises, INC Agenda Item No. 13
PO Box 3118 -- Huntington Beach, CA 92605 Page 3 of 11
www.fishinoexoeditions.com - (714) 375 -9888 - (714) 375 -9898 fax
03/17/2009 18:10
P.Q. Rnx 3i iS
H�mlingtnn Rench, CA 92605.3118
(714) 375-888 tcicphonc
(714) .175.9998 fax
Fax
7143759898
To: Lake Elsinore Chamber of Commerce
Attn. Mark Dennis
RKOE INC
Attachment "B"
From: Veronika Zubo, Exar,. Assistant
Fax: (951) 674 -2392
Pages: 9 Incl. cover
CCa Sergio Fainsztein
Date: 3 -17 -09
Re: RKOE, Inc.: Fishing Ventures TV Series Agree wfth FOX Sports
❑ Urgent O For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
PAGE 01
Dear Mark,
As Sergio informed me, and per your request, find enclosed materials documenting the partnership
bPtwP..P.n Fishing Venhlrns Televislon (owned /produced by Ronnie Kovach's Outdoor Enterprises, Inc.)
and the Fox Sports Network.
Note the enclosed excerpts (S pages) of our 2008 series agreement between RKOE, Inc. and FOX
delineating terms of our relationship. As has been customary in the seven -year relationship, the parties
have exercised their option to renew the contract per verbal agreement in November 2008 for another
52 -week period f i 2009.
Also, note that Fishing Ventures TV (FVTV) concurrently holds numerous year -long agreements with
longstanding sponsors, such as Alaska Airlines, Best western, Arrowhead Credit Urliurl, and Simple
Green, which reflect the annual airing trajectory of FVTv.
Additionally, we are also providing documentation (last 3 pages) of our 11- month, $10,000.000 errors
and omissions policy which we are required to hold in abidance with FOX's legal terms.
We have thus continued airing our 14 -time Telly Award winning "FVTV" show in 2009 - weekly airings
are on Sunday momings 9:30 am with additional weekly bonus airings (mid - week).
Please let me know if you should have any questions or require any further information.
Best regards,
Veronika Zubo
Executive Assistant
Ronnie Kovach's Outdoor Enterprises, Inc,
Agenda Item No. 13
Page 4 of 11
03/17/2009 18:10 7143759898 RKOE INC PAGE 07
Attachment "C"
QUOTATION CONFIRMATION
We are pleased to confirm the following quotation that has been received from the carrier shown
below. Please note that this quotation Is based on the coverage, terms and conditions listed below,
which maybe different from those requested In your original submission. As you are the
representative of the insured, it is incumbent upon you to review the terms of this quotation
carefully with your Insured, and reconcile any differences from the terms requested in the original
submission. CRC Insurance Services, Inc. disclaims any responsibility for your failure to reconcile
with the Insured any differences betwoen the terms quoted below and those terms originally
requested.
This coverage may not be bound without a fully executed brokerage agreement.
Insured Name: Ronnie Kovach's Fishing Ventures Television ID# 2807928B/3
Description: Fox -1/2 Fishing Show
Carrier: Executive Risk Indemnity Inc.
Form: OCCURRENCE
Coverage: E &O -MEDIA LIABILITY
Effective: 1/28/2009 to 1/2B12010
Limits of Liability:
$1,D00,000 each claim
$3,000,000 aggregate
SIR: $10,000 each claim
Terms & Conditions:
Multimedia Liability on Executive Risk Indemnity Inc. Form 025950 (10/1998 ed.)
COVERED MEDIA:
13 original episodes of "Fishing Ventures' disseminated during the policy period
Subject to:
Completed Copy of video/Film Producers Application
Please reconfirm the number of episudes
Must bind by no later than 1130 to avoid a lapse in coverage.
Agenda Item No. 13
Page 10 of 11
03/17/2009 18:10 7143759898 RKOE INC PAGE 02
Attachment "B"
SERIES AGREEMENT
THIS SERIES AGREEMENT (the "Agreement"), dated as of November 1, 2007, is by and
between RONNIE KOVACH OUTDOOR ENTERPRISES ("PRODUC.ER1 2408 Nabal
Street, Escondido, California 92025, and FOX SPORTS NET WEST, LLC ("FSNW), 1100
South Flower Street, Suite 2200, Los Angeles, California 90015.
PRODUCER agrees to produce and license to FSNW all rights and furnish all services
specified below in connection with the television series described herein, in accordance with
the following terms and conditions.
ENGAGEMENT
(a) Subject to the terms and conditions hereinafter set forth, FSNW hereby engages
and retains PRODUCER to produce for FSNW, and license to FSNW, the television
series currently titled "Fishing Ventures with Ronnie Kovach" (the "Series "). The
Series shall be a weekly fishing show hosted by Ronnie Kovach.
(b) PRODUCER shall deliver fifty -two (52) episodes of the Series pursuant to the
delivery requirements set forth herein. Each episode shall be approximately thirty (30)
minutes in total running time (inclusive of advertising time to be inserted by
PRODUCER and .FSNW). All Series episodes shall be produced in accordance with
the terms and conditions set forth herein.
(e) PRODUCER shall provide the production staff and all other personnel, facilities
and services required to produce each episode of the Series.
2. PRODUCTION, DELIVERY AND APPROVAL
(a) PRODUCER shall produce and deliver, at PRODUCER's sole cost, on Beta SP,
via Federal .Express or other overnight delivery service, the initial episode of the Series
no later than 10:00 a.m. (CT) on Wednesday, January 2, 2008 to Tape Library, Fox
Sports Net, 525J Gulfton Street, Houston, Texas 77081, pursuant to all delivery
requirements set forth herein and in the .Fox Sports Net General Requirements for
Outside Supplied Programming attached hereto as Exhibit "A" and hereby made part of
this Agreement, as may be revised from time to time (the "FSN Requirements ").
Thereafter, PRODUCER shall produce and deliver, at .PR. ODUCE.9's sole cost, the
remaining fifty -one (5 1) episodes of the Series on Beta SP, via Federal Express or other
overnight delivery service, pursuant to all delivery requirements set forth herein and in
the FSN Requirements, to the same location as set forth above, no later than 10:00 a.m.
(CT) each Wednesday for fifty -one (5 1) consecutive weeks, beginning on January 9,
2008 (Le., January 9, 2008, January 16, 2008, January 23, 2008, etc.), until all Series
episodes are satisfactorily delivered to FSNW.
(b) PRODUCER shall deliver each episode of the Series acceptable to FSNW in all
respects, complete and suitable for broadcasting, and in conformance with FSNW's
creative, commercial and technical standards for similar programs as delineated in this
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Agenda Item No. 13
Page 5 of 11
03/17/2009 18:10 7143759898 RKOE INC PAGE 03
Attachment "B"
each of the Series episndm. FSNW shall have the right to insert into any of the Series
episodes sponsorships, commercials, advertising, billboards and sponsored features of
any kind or nature by any means now known or hereafter devised, including, but.not
limited to, virtual signage.
(b) All solicitations and sales proposed by PRODUCER of commercial inventory
and the content of all commercials, billboards, features and promotions are subject to
(i) Federal Communications Commission CTCC'I regulations and all other applicable
federal. and state regulations, (ii) News Corporation and Fox Sports Net advertising
regulations, and (iii) FSNW's prior approval. PRODUCER is prohibited from
including within the Series episodes any tobacco advertising. In addition, PRODUCER
may not include within the Series episodes (1) any hard liquor /spirits /distilled
beverages advertising or promotion, (2) any casino, sports book, online gambling,
lottery or any other gambling advertising or promotion (including, without limitation,
any advertisement or promotion for a simulated wagering or card - playing tutorial
website), (3) any advertisements or promotions featuring firearms, explosives, or lethal
weapons of any kind, (4) any advertisements or promotions that may constitute "calls to
action" for cable or satellite subscribers to demand carriage of any programming
service from their cable operator or satellite provider, (5) any advertisements or
promotions for any cable or broadcast entity, including, without limitation, ABC, TNT,
TBS, Comcast, Turner, CSTV, ESPN, ESPNU, ESPN2, ESPN.com, or ESPN Radio, or
any affiliated entities, or (6) any per inquiry and/or direct response spots, without
FSNW's prior written approval, which FSNW may withhold in its sole discretion. All
PRODUCER- proposed commercials, sponsors, promotions, billboards and features for
inclusion within the Scrics episvdes must be submitted in writing to and approved in
writing by FSNW in a timely manner prior to the initial Telecast of the Series episodes.
To be considered for inclusion within the Series episodes, all PRODUCER
advertisements must satisfy FSNW's technical delivery requirements delineated in the
FSN Requirements and must consist of an assortment of commercial advertisements
appropriate for the number of spots to be aired. FSNW and PRODUCER shall agree in
advance, with FSNW having the final determination in its sole discretion, as to whether
FSNW will be inserting the commercials. If FSNW is inserting the commercials, the
commercials must be delivered at least ten (10) days prior to the initial Telecast of the
Series episode_ If FSNW is not inserting the commercials, the commercials must be in
position on the master tape or transmission feed, as applicable, with full program audio
on channels I and 2, unless an alternative video /audio source is agreed to by FSNW. In
the event that PRODUCER advertisements are not property delivered in a timely
manner, FSNW shall have no obligation to Telecast such advertisements. PRODUCER
MY not authorize another parry to sell any commercial inventory allocated to
PRODUCER without FSNW's prior written 'approval, such approval not to be
unreasonably withheld. PRODUCER shall keep FSNW reasonably apprised of
anticipated commercial sponsors so as to avoid any duplication in the sales effort.
(o) PRODUCER sball pay a diqt'.ibution fee to rSNW in the amount of Eight
Hundred' Twenty-Seven Dollars.($' > -:;.) net for the initial Telecast of each Series
episode, .for a total of Forty -Three Thousand Four Dollars ,($ ) net for Fifty-
Two (52) Series episodes (the "Fee "). FSNW must receive paymentof the Fee at the
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Agenda Item No. 13
Page 6 of 11
03/17/2009 18:10 7143759898 RKOE INC PAGE 04
Attachment "B"
following location, with written notice of payment faxed to FSNW, attention Alex
Tevlin (fax no.: (213) 743- 7835), on the date of payment:
I£bv Overnight Dcliverv:
Hank of America
Attn: Fox Sports Net West
File #55652
RB #5195
1000 West'lemple Street
Los Angeles, CA 90012
Attn: Mailroom
(213) 240 -6031
if U -S. Mail
Fox Sports Net West
File #55652 '
Los Angeles, CA 90074 -5652
(d) The Fee shall, be promptly paid in monthly installments, each installment due on
or before the first day of each month, each installment covering the Series episodes
scheduled to be Telecast that month c
Dollars ($' )) net to be paid on or before January 1, 2008 for the four (4) Series
episodes scheduled to be Telecast in January,
Dollars ($" 1) net to be paid on or before February 1, 2008 for the four (4) Series
episodes scheduled to be Telecast in February,
. Dollars ($ )) net to be paid on or before March 1, 2008 for the five (5)
Series episodes scheduled to be Telecast in March, etc.). If any installment of the Fee
is not received by FSNW on or before the date due as set forth above, FSNW shall,
without waiver of any other remedy, have the .right, in its sole discretion, to either: (i)
refuse to Telecast any Series episodc until payment of the Fcc in full is rcccived by
FSNW; or (ii) immediately terminate this Agreement and, in such event, shall have no
further obligations to PRODUCER.
6. OPTION: RIG14'I' OF FIRST NEGOTIATION: RIGHT TO MATCH
(a) FSNW shall have the exclusive, unilateral. option (the "Option's to renew this
Agreement fnr up to that number of additional episodes of the Series produced by or on
behalf of PRODUCER in 2009 (the "Option Episodes "), in FSNW's sole discretion,
under the same terms and conditions as those set forth herein; provide4 however, that
the parties acknowledge and agree that in the event that FSNW exercises the Option,
the Fee to be paid by PRODUCER to FSNW, as set forth above, shall increase t - t
Dollars ($ )) not fur the Tciccast of each Option Episode (e.g., a
total Dollars ($ 1) net for
fifty -two
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Agenda Item No. 13
Page 7 of 11
03/17/2009 18:10 7143759898 RKOE INC PAGE 05
Attachment "B"
event that FSNW exercises the Option, unless otherwise specifically referenced herein
(including, without limitation, the Increased Fee set forth above), all references to the
Series episodes shall include the Option Episodes and all other terms and conditions
contained in this Agreement shall apply to the Option Episodes in full force and effect.
(b) if the Option set forth above is exercised, then from November 1, 2009 through
December 1, 2009, or if the Option is not exercised, then from November 2, 2008
through December 1, 2008 (each, a "Negotiation Period"), PRODUCER shall negotiate
cxclusivoly and in good faith with FSNW with respuut Lv Lhc terms and wrtditium upon
which PRODUCER shall grant FSNW the exclusive Telecast rights to new episodes of
the Series in the Exclusive Territory, and shall arse good faith efforts to enter into an
agreement as soon as practicable. Prior to the end of the Negotiation Period,
PRODUCER shall not negotiate with any other party for distribution of new Series
episodes within the Exclusive Territory. In the event the parties have not reached an
agreement by the end of the Negotiation Period, PRODUCER may at that time
commence negotiations with others. Any offer received by PRODUCER from another
party shall be subject to FSNW's right to match as set forth below.
(c) if, upon expiration of the Negotiation Period, FSNW and PRODUCER. shall not
have agreed with respect to the grant of exclusive rights for FSNW to Telecast new
episodes of the Series in the Exclusive Territory, and if PRODUCER shall, at any time
within one (1) year following the expiration of the Negotiation Period, receive a bona
fide offer for such rights, PRODUCER is hereby obligated to notify FSNW by certified
or registered mail of such offer. FSNW shall have ten (10) business days from the date
of receipt of .notice of such written offer to match such offer on the same terms and
conditions. Notwithstanding the foregoing, FSNW shall not be required to match, any
terms that cannot be met easily by one television entity as compared to another, and
FSNW shall not be required by PRODUCER to Telecast any Serics opisvde Uri any
network or programming service other than FSNW. Any non -cash items included in
any such offer shall be allocated a monetary value for purposes of FSNW's right to
match. If FSNW elects to match such offer, FSNW shall notify PRODUCER of the
exercise thereof by certified or registered mail or overnight mail within the said ten
(10) business day period, otherwise PRODUCER shall be free to accept a bona fide
offer made by another. Notwithstanding the foregoing, if such proposed offer is not
consummated within sixty (60) calendar days following Liic expiration of said ten (10)
business day period, FSNW's right to match shall revive and apply to each and every
further offer or offers received by .PRODUCER at any time that relate to such exclusive
rights to Telecast successor episodes of the Series. FSNW's right to match shall
continue in full force and effect, upon all terms and conditions of this Section, so long
as PRODUCER retains any right, title or interest in successor episodes of the Series.
(d) The obligations of PRODUCER under this Section shall survive any
termination of this Agreement for any reason other than due to a material breach by
FSNW.
REPRESENTATIONS AND WARRANTIES
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Agenda Item No. 13
Page 8 of 11
03/17/2009 18:10 7143759898 RKOE INC PAGE 06
Attachment "B"
FSNW may, without such consent, assign this Agreement or any or all of its rights or
Obligations hereunder to its parent company, or any affiliate, subsidiary, or partnership
in which itself or the parent company has an ownership interest, or to any entity that
acquires at Joust half of the assets of FSNW or the FSNW programming service.
Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit
Of the parties hereto and their respective successors and permitted assigns, and no other
person shall have any right, benefit or obligation under this Agreement as a thud party
beneficiary or otherwise.
(g) Any provisions in this Agreement found by a court to be void or unenforceable
shall not affect the validity or cnforceability of any other provisions in this Agreement.
(h) Except as required by law, each party to this Agreement shall keep this
Agreement confidential and neither party shall promulgate, publish, or otherwise
disseminate the terms, provisions, or substance of this Agreement other than to the
officers, directors, attorneys, insurance agents, and accountants of the parties hereto.
(i) This Agreement mkv be delivered and executed via facsimile, and will be fully
enforceable as such.
6) if this Agr'ecment is executed subsequent to any date specified herein for the
performance of any obligation or the creation of any right rite parties agree and
acknowledge that this Agreement governs prior cooduct pursuant thereto and that the
rights and obligations under this Agreement shall be construed to be no different than if
the Agreement were executed prior to any such date specified herein.
AC.f{NOW AND AGREED, as of the date first written above.
Agenda Item No. 13
Page 9 of 11
03/17/2009 18:10 7143759898 RKOE INC PAGE 08
Attachment "C"
INSYNEE
IN9IN 60PrO C> FORMA
INSIIRED/BORR04YER {Name and address as shown an Polley)
Outdoor 6ntorprisas, Inc.
17911 Portslde Circle
Huntington Beach CA 92643
Telephone Number:
Dimel Correspo to:
AGENT or BROKER (Name and Business Address) 07590 -0001
Sawyer Cook Insurance
550 E. Hospitality Lane
Suite 100
San Bernardino CA 92408
Telephone Number: (800) sss -m1A FIR: 100325
FID; 000
LENDER FIRST INSURANCE FUNDING CORP.
OF CALIFORNIA
450 Skokie Blvd, Suito 1000
P.O. Box 3306
Northbrook, IL 60065.330n
COMMERCIAL PREMIUM FINANCE AGREEMENT
AND DISCLOSURE STATEMENT
Quote Number. 000000738125
A Total Premium $
B (Cash Down Payment Required I s
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$ 90
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$
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CALIFORNIA (herztin rcfemed to as "FIRST ") a security
maximum late Charge permitted by applicable law, Whichever
interest in return premiums, dividend payments, and is less.
certain loss payments with reference to the policies Contract Rference should be made to the terms of MILS rrgqreement as
listed below. Under cretin eondisona, FIRST HAS
THE RIGHT TO CANCEL FINANCED POLICIES, as Reference alaled below and on p�qc 2 ror inrarmaLon about
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AGENT OR BROKER REPRESENTATIONS AND WARRANTEES j
The undersigned agent or bmkor has road the n AgenVBroker I `
Representations and Warranties on Page 2, has completed
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Agenda Item No. 13
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