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<br />INS~RAN~E ON FILE <br />IVORK MAY PROCEED <br />. . UNTIlINSURI\NCE EXPIRES <br />8'1 ao I 0 "t- <br />. CLERK OF COUNCIL <br />. i DATE: <br /> <br />N-2002-089 <br /> <br />03 <br /> <br />NON-EXCLUSIVE LICENSE <br />WITH THE PA YPHONE COMPANY <br /> <br />This License Agreement is entered into ~n ~~~ , 2002, by and between the <br />City of Santa Ana, a charter city and municipal corporation duly organized and existing <br />under the Constitution and laws of the state of California, (hereinafter referred to as <br />"Licensor") and The Payphone Company, a California DBE, (hereinafter referred to as <br />"Licensee"). <br /> <br />I. ACKNOWLEDGEMENTS <br /> <br />a. Licensor is the owner of that property known as The Depot in Santa Ana <br />("the Property"), located at 1000 E. Santa Ana Boulevard, Santa Ana, California. <br /> <br />b. Licensor hereby grants to Licensee a non exclusive license to install, operate <br />and maintain 13 payphones and associated equipment, including any pedestal, enclosure, <br />signage, wiring and conduit ( hereinafter "payphone") on the Property, subject to the <br />following terms and conditions: <br /> <br />I. Licensee certifies that it is the owner of the payphones and that said payphones shall <br />remain the sole property of Licensee. <br /> <br />2. Nine (9) payphones shall be located inside on the Property and four (4) payphones shall <br />be located outside the Depot on the Property. One of the thirteen (13) payphones shall <br />be a TDD phone. Each payphone shall be identified by telephone number as set forth <br />in Attachment A hereof. Licensor reserves the right to relocate said payphones within <br />the Property at anytime, so long as Licensee is notified of such a move. <br /> <br />3. Licensee agrees to pay Licensor 45% of the adjusted gross coin revenues generated by <br />said payphones. Said adjusted gross coin revenue is calculated as the total coin revenue <br />less expenses for line usage charges and maintenance. Licensee guarantees 45% of <br />adjusted gross revenue will be at least $1400.00 per year. Revenue for each quarter <br />will be calculated and paid to Licensor in arrears as follows: <br /> <br />. Payment November 30 for September, October and November. A late charge <br />will be assessed on December 5. <br />. Payment February 28 for December, January, February. Late charge assessed <br />March 5. <br />. Payment May 30 for March, April, May. Late charge assessed June 5. <br />. Payment August 30 for June, July, August. Late charge assessed September 5. <br /> <br />All Licensee records pertaining to the revenue generated at The Depot shall be made <br />available at all times for audit by Licensor upon request. City will pay up to $750.00 <br />for the first year audit. All subsequent audits shall be paid by Company. <br /> <br />.."".~m;li'lil~i," <br />