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A-2023-090-01 <br />INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL cT x INS CE EXPIRES <br />CITY CLERK <br />DATE: MAR 0 8 ZOZ4 CONSENT TO SUB -LICENSE AGREEMENT <br />b' ?VJ-f) Q-i This CONSENT TO SUBLICENSE AGREEMENT ("Agreement") is dated as of February l- t , <br />� Or-�j1Cr 2024, and entered into by and between the CITY OF SANTA ANA, a charter city and municipal corporation <br />t 1 existing under the Constitution and laws of the State of California ("City"), Greyhound Lines, Inc. <br />("Licensee"), and Flixbus, Inc. ("Sublicensee"). <br />RECITALS <br />A. Licensee and Sublicensee provide interstate bus transportation services throughout the state <br />of California. <br />B. On or about October 21, 2021, FlixMobility, parent company of Licensee and Sublicensee <br />acquired Greyhound Lines, Inc. Sublicensee is now an affiliate or subsidiary of Licensee. <br />C. On May 16, 2023, Licensee entered into License Agreement No. A-2023-090 ("License <br />Agreement"), which is incorporated herein by this reference and attached as Exhibit A. The License <br />Agreement provides for the use of and access to the Santa Ana Regional Transportation Center Facilities <br />("SARTC" or "Facilities"), located at 1000 East Santa Ana Boulevard in the City of Santa Ana, for a bus <br />stop for the purpose of drop off and pick up of its Invitees (as defined in the License) that utilize Licensee's <br />bus services ("Transit Services"). The bus bay subject to this Agreement is Bus Bay #5 ("License Area") <br />as described in Section 1.1 of the License Agreement. <br />D. Pursuant to Section 1.8 of the License Agreement, Licensee may grant permission to an <br />affiliate or subsidiary to utilize the License Area upon the City's express prior written approval. <br />E. Licensee desires to allow Sublicensee the use and access of the License Area for a bus stop <br />for the purpose of drop off and pick up of its Invitees and allowing its Invitees to utilize the Transit Services. <br />NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein <br />contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby <br />acknowledged, the parties hereto agree as follows: <br />1. Consent to Sublicense. Pursuant to Section 1.8 of the License Agreement, the City hereby <br />confirms its consent to the sub -license by Licensee to Sublicensee. Sublicensee acknowledges and agrees <br />that it will be bound by the terms and Conditions of the License Agreement including but not limited to <br />indemnifying the City and providing the insurance requirements more fully described in the License <br />Agreement. <br />2. Fee. As consideration for this Agreement, Licensee and Sublicensee shall not be required <br />to pay additional compensation to the City. At the time the License Agreement was executed, the City <br />increased the monthly rent above market rate to account for the additional use of the License Area by <br />Sublicensee. Licensee shall continue to pay the monthly license fee as provided in Section 1.6 of the <br />License Agreement. <br />3. Term. In the event the City or Licensee terminates the License Agreement, this Agreement <br />shall automatically terminate without any further action by the City. <br />Page 1 of 3 <br />