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HomeMy WebLinkAboutPAYPHONE COMPANY, THE (DBA) 2A -2008 iiu~~~~.>;~Y~L- ON FILE v~iURK MAY PROCEED N-2OOH-161-01 UN111 INSURANCE EXPIRES CLERK OF COUNCIL FIRST EXTENSION OF DATE: NOV 1 $ 2~ NON-EXCLUSIVE LICENSE C .1~1v'/~ WITH THE PAYPHONE COMPANY 1~~' i Cc,hl~- ~,,,,ty ~~,~,ci~~;: This First Extension of License Agreement is entered into on November 1, 2009, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the state of California, (hereinafter referred to as "Licensor") and Z Venture Capital Frontiers, Inc., dba The Payphone Company, (hereinafter referred to as "Licensee"). Recitals: A. The Licensor and Licensee entered into the Non-Exclusive License Agreement on November 1, 2008 (the `Agreement') for Licensee to install, operate and maintain payphones and associated equipment, including any pedestal, enclosure, signage, wiring and conduit (hereinafter "payphone") on the City-owned Property located at 1000 E. Santa Ana Boulevard, Santa Ana, California. B. Said Agreement had an initial one year term, with three one-year extensions exercisable upon a writing signed by each of the parties. The parties desire to extend the Agreement for one (1) year and amend certain terms of the Agreement. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said Agreement as hereby extended, the parties hereto do hereby agree as follows: 1. Section 2 is amended for Licensee to provide one (1) PayEmail Internet Payphone on the Property and one (1) Prepaid Phone Card dispenser on the Property. The number of payphones on the Property (nine) remains the same. 2. The term of said Agreement (Section 5) is hereby extended for one (1) additional year through October 31, 2010. 3. The address for Licensee in Section 10 of the Agreement is hereby updated effective November 1, 2009, as follows: The Payphone Company, 1625 W. Vernon Ave., Los Angeles, CA 90062, Attn. Karim Zaman. 4. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Extension of the Non-Exclusive License the date and year first above written. ATTEST: CITY OF SANTA ANA vMARIA D. H AR DAV N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER, City Attorney By: Lisa E. Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: LICENSEE: George Al arez Karim Zaman Acting Executive Director President Public Works Agency Tax ID # 2 GC _ ACORD~, CERTIFICATE OF LIABILITY INSURANCE io//i9"~"' 200 PRODUCER {'760)241-7900 FABs (760)241-1467 THIS CERTIFICATE 1S ESSUED AS A MATTER OF INFORMATION ISU Insurance Services - ARbdAC A enc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE g y HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR .1717 7 Yuma Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Viatorville CA 92395 ENSURERS AFFORDING COVERAGE NAIC ~ INSURED ~C ~ f{~ wsuRERa:American Casual Co of 20427 ~ venture Capital Frontiers Inc INSURERB:Continental Casual 20443 1968 W Adams Blvd Ste 311 INSURER C: INSURER D: LOS A11GSL$S CA 90018 INSURERS C I THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY ( REQUIREMENT, TERM OR COND{T10N OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES j RE AT i OWN MAY HA C D BY PAID INSR ADD'L TYPE OF INSURANCE POLICY NUMBER OP ~Y EFMFECT7VE POtI~ E ~RATtON u~ I GENERAL LUlBIL1TY URRENCE S 1 , 0170, 000 i X COMMERCIAL GENERAL LWBiUTY DAMAGE TO R 5 3 0 0, 000 A X CLfJMSMAOE QX OCCUR 3013149644 5/31/2009 5/31/2010 MEOExP one ~ S 10,000 ' RY S 1,000,000 GENERAL AGGREGATE S 2 r 000, 000 GENL AGGREGATE LIMTT APPLIES PER: /OPAGG S 2,000,000 i X POLI EC~T LOC AUTOMOBILE LLABIL}TY COMBINED SINGLE LIMff ANY AUTO (Eas«idenp E 1,000,000 A ALL OWNED AUTOS 3013149644 5/31/2009 5/31/2010 HODILYINJURY SCHEDULED AUTOS (Per person) S X HIRED AUTOS t30DILY INJURY S X NON-0WNFDAUTOS (PerazUdeM) PROPERTY DAMAGE S (Per accident) GARAGE UA&I.ITY AUTO ONLY - FJ1 ACCIDENT S ` ANY AUTO " `~c"- OTHER THAN EA ACC S AUTO ONLY: AGG S ExcESSJUmBRELLALwBILm Laura Stitt heedy s 4,000,000 OCCUR ~ CLAIMS MADE ASS1StaII City Attor y AGGREGATE S 4, 000, 000 S 8 X DEDUCTIBLE 3013151958 5/31/x009 5/31/2010 S X RETENTION l0 , 000 S $ WORKEl2SCOMPENSATK)NAND WCYTAT~ O R EMPLOYERS' LIABILITY ~ ANY PROPRIETORlPARTNER~CUTIVE EL EACH ACCIDENT S 1,000,000 OFFICER/MEMBEREXCLUDED7 3013149689 5/31/2009 5/31/x010 E.LOISEasE-EatanPLOYEES 1,000,000 II yes, descnbe under SPEC PROVISIONSbelav EL DISEASE-POLICY LIMIT E 1,000,000 OTHER DESCRIPTION OF OPERATIONSIWCATIONSNEHICLESIEXCLUS[ONS ADDED BY ENDORSEMENTI5PECULLPRoVISIONS Certificate holder is hereby named as additional insured.. •10 Day notice of cancellation for non-payment of premium.. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Tile City Of Santa Aaa EXPIRAnoN DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Tile Depot Of Santa AIIa 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HotDER NAMED 70 THE LEFT BUT 10 0 0 E88t Santa And Blvd #108 FAILURE 70 DO SO SHALL IMPOSE NO OBLIGATION OR LWBILI7Y of ANY KIND UPON T}IE Santa Ana, CA 92701 INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORQED REPRESENTATIVE _ G~L.~C_G~~. . Kelly Saiia/KELSAI ACORD 25 (2001!08) ®ACORD CORPORATION 1988 INS025 (oloe} olsa Page I ot2 I pox ~a~o~ . , A~ F~A~c~sa, ~A s~i o~o~ ~M~ENSATf~?N INURANC~ ~ ~ ~~~r~~N~~r~ of ~o~~t~~,. o~~~~u?~~r~~r~ ~ ~u~~~v~~ Ju~l~ ~i, ~4~4 P ~ ,1~~8643 ~ ICY NuI~B~~..:,.;..:..:: CERTIFICATE EMPIRE: ~ 1 ~ THE c r T~ a~ SANTA ANA THE BEi~4T OF SAfi~TA ANA 1040 EA"T SANTA ANA BL~~ SANTA ANA CA ~~741 C* This is to cer#ify that we have isseed a valid ylCaricers' compensation insurance policy in ~ farm approved by the ~alifarnia tns~rance Hamm€ssioner to the employer named below fvr the pal€cy period ir~dicated~ ~4 y~.4 This policy is not sub e # to car~cella#ior~ by tine ~ur~d except upon days' advance wrilter~ notice to the em la er. 1 p Y vie w€li also give yore ~~N days' advance notice shat~ld this olio bs cancel€ed rior t~ its ~ r p ~ p o mal explra#~on, This certificate of ir~s€~rance is na# are insurance policy aid does not amend, extend or alter the cavern a afforded b the ofic ~ listed herein, Natwithstandlr~g any requirement, term, or Condit€an o~ an contactor ~ Y P Y y other document with respect to which this certificate of insurar~ee may be issued or to which it may perta€n, the ir~s~rrance afforded by the pal€cy dascr€bed herein is subject #o afl the terms, exclusions and conditions of such poi€cy, A H~R~~ED REP~E~ENTATIVE PRESIDENT Ei~P~.~YER' S ~.I ABI~, ATV I T ~N~LUD ~ N(3 DEFEh~SE CDSTS s 1, 400 ~ 444 PER pCE~lRREN~E. 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