AMENDMENT NO. ONE TO SEWER LINE MARKETING LICENSE AGREEMENT EFFECTIVE DATE OF AMENDMENT: ______________________
This AMENDMENT NO. ONE (this “Amendment”) to SEWER LINE MARKETING LICENSE AGREEMENT, dated September 15, 2015 (the “Agreement”), is entered into by and between Utility Service Partners Private Label, Inc. d/b/a Service Line Warranties of America (“SLWA”), and the City of Laguna Beach, California (“City” and together with SLWA, the “Parties,” and each, a “Party”). Capitalized terms used but not otherwise defined in this Amendment have the meanings set forth in the Agreement.
NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. All references in the Agreement to the defined term “Warranty” are replaced with the defined term “Plan” or “Plans”, as the context requires, and the second recital in the Agreement is deleted in its entirety and replaced with the following:
“WHEREAS, City desires to offer to Residential Property Owners the opportunity, but not the obligation, to purchase plans as set forth in Exhibit A or as otherwise mutually agreed by the Parties in writing (including by email) (“Plan(s)”); and”
2. Section 5 (Notice) of the Agreement is hereby deleted in its entirety and replaced with the following:
“5. Notices. Any notice required to be given under this Agreement shall be deemed to have been received when delivered (i) by personal service, (ii) by electronic mail with confirmation of delivery and receipt (provided a hard copy is sent promptly by regular mail), or (iii) by registered or certified mail, return receipt requested, with the United States Postal Service, addressed as follows:
If to City, to:
ATTN: Dave Kiff, City Manager
City of Laguna Beach, California
505 Forest Avenue
Laguna Beach, CA 92651
Phone: (949) 497-0704
e-mail: [email protected]
If to SLWA, to:
Utility Service Partners Private Label, Inc.,
d/b/a Service Line Warranties of America
45 Glover Ave., 6th Floor
Norwalk, CT 06850
Attention: Michael Backus, Chief Sales Officer
e-mail: [email protected]
With a copy to:
Legal Department
e-mail: [email protected]”
3. Exhibit A to the Agreement is hereby amended and restated in its entirety as attached to this Amendment.
Except as otherwise modified or amended by this Amendment, all other provisions, terms and conditions of the Agreement remain unchanged and in full force and effect Signature Page to Follow
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the Effective Date set forth above.
Attachment 2
14 CITY OF LAGUNA BEACH UTILITY SERVICE PARTNERS PRIVATE CALIFORNIA LABEL, INC.
By: By:
Name: Dave Kiff Name:
Title: City Manager Title:
ATTEST:
By:
Name: Ann Marie McKay
Title: City Clerk
APPROVED AS TO FORM
By:
Title: City Attorney
15 EXHIBIT A
City of Laguna Beach, CA
Term Sheet
I. Term of Agreement. Initial term of three (3) years with automatic renewal terms.
II. License Provisions. City logo on letterhead, advertising, billing, and marketing materials. Signature by City official.
III. Marketing Campaigns. SLWA shall have the right to conduct up to three (3) campaigns per year (each campaign consists of two (2) direct mailings, or such other campaigns or channels as may be mutually agreed to by the Parties).
IV. Plans Offered; Pricing; Campaign Pricing; Scope of Coverage. The summary of coverage is accurate as of the Effective Date of this Amendment. SLWA will offer the following rates to Customers:
A. Exterior sewer/septic line plan (initially for new Plans, $9.00 per month) i. Covers Customers’ responsibility: From the external wall of the home to the property line. ii. Covers septic lines, if applicable: From the external foundation wall of the home to the point of connection to the septic tank.
iii. Coverage Cap: Unlimited number of service calls, up to $8,500 per call.
B. Interior plumbing and drainage plan (initially for new Plans, $6.50 per month) i. Covers repair or replacement of the following inside the home, for which the Customer has sole responsibility, that is damaged due to normal wear and tear:
The blocked or leaking interior water supply and drainage system pipes that carry fresh or drinkable water and wastewater.
ii. Coverage Cap: Unlimited number of service calls, up to $3,000 per call.
Pricing above does not include taxes which will be collected by SLWA as well. SLWA may adjust the Plan fees; provided, that, any such adjustment shall not exceed one dollar ($1.00) per month per Plan in any twelve (12) month period. If such adjustment shall exceed one dollar ($1.00), both Parties must agree to it in writing. 16