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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 rxo Attachment "A" Ultima!o Angling @xp. ienee! 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 L.IRepionnl Sports NaM rWWM\Rrnnic KhVWh (TnAmrfliteiprlPp131X1K1FIPliing Vrnlnrp With R.nIe KOvWJ%91I ACY"M(V Uddv 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 S.:Vtegiwnl SpoibNetaodalWteMOanle KmacM1 Outdom4tapde e�R008W1e61ngVMUwaivh Ra�aio%m¢h Sane I�,eemeal'"4 zadw 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 L:Vkpmwi Sporo Nervatk6 \Wmlxrninlekond� Wkae6ortipfu�yppg�Fieltlng Vvmna MtA Rwmia RgvnehBMea A9.mnrntgB hEa 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 L:1Rgtimid Rprt "NelwtxWlWMMpnn��Kovntl�p�ndOOt F,..,pp.i,wV+mRl�nNing V.R with Rp is K,.hgw. A, .t MUda 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 C I Unpaid Premium Balance $ 90 D Documentary Stamp Tax $ e>Aalgna TROT IN., NGC nUNO1NO GORP, OF Trt7s la[6 Cnne will be 5h of the tnlerduC am0ullt a the CALIFORNIA (herztin rcfemed to as "FIRST ") a security (uuly aP pllwblr. In Flndda) 0.00 E Amount Financed (The amount of credit $ provided on your behalf) Wo F FINANCE CHARGE $ (Dollar amount credit will Cost you) 00 G Total of Payments r Amount you will have $ Pala after malang al scfiodulad payments ) 70 ANNUAL PERCENTAGE RATE Zinn (Cost d your credit figures! as a yearly rate) o7_ Telephone; (.800)8373!07 Fax Fax: (800)837 -3709 I 10I Beginning 0217,812009 J Prepayment The Innurnd may propay MP full m ec am t due and Late A late charge Wit be impod on any aymerlt which ie not receive a refund of the unmmed Interval as provided Payment racohed by FIRST w ten (10) cat¢ of its due date on page 2 of this agreement. (unless a ongar grace period is specified under applicable Security As 3ecunhr for the payments to be made, the insured law, in which case a late charge will be Imposed on any ff ^uRA pigent not received by FIRST within such grace perlod). e>Aalgna TROT IN., NGC nUNO1NO GORP, OF Trt7s la[6 Cnne will be 5h of the tnlerduC am0ullt a the 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 de(aull provided cancellaEion, the fight to demcetd provided km page 2 of this agreement immadlato payment In i'ull, and plepaylllent F'FN:D12609 CFFr8T1'51D RT:C7550 -0007. CD:111H BPeBi11 P /F:63 -2D srr33:11759C-D0o1 QOM SCHEDULE OF POLICIES Poll Number An Prptix Full Name of Insurance Company and Name and Address of General Agent eyy Pn Moo pwa D Yrs ms Or Company Cmrioe- m W hirh Premium I9 Vold Inc ay- nrmil TBD 03761 -001 - Executive Risk Indemnity Inc E80 12 01- 28.2009 000136- CRC - STERLING WEST INS SERVICEt [I61E %:25.000 FINTXSIFEES tRN 1x8 /FEES NOTICE: SEE PAGE 2 FOR IMPORTANT The provisions on page 2 are incorporated by reference and cons) 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 Xa00 7 M an rn,I .e uthere required, and makes all such k eprasentatlms a11tl Warranties recited herein. Further. the as Kil Signature of Agent or Broker Title Date FIF CA 11D4 Broker Fee: nano: _— _-- _.- ....... -. , he apm mi um e a 1+�!+ P.nLS (( tha "Amount Financed" above to be ca lloned AVkNTT a BROKERb FIRST, the named Insured > "Insured" oromised to pay, to the Order of FIRST, the Total to all 5 fhe provisions sot forth On both Pogca of this sign this agreement before Vg �aAes of it, or if 8 p cos, Z a compl It eq�h y the Flt) nrT undpearythe n $dr rneurrt Auo and N e I ured(Printi d cond�trons fo oMaln a,� rd of the service charge - ur copy of this agreement nature our legal rights. Title Dam Agenda Item No. 13 Page 11 of 11