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INSURANCE NOT ON FILE <br />WORK MAY NOT PROCEED EXHIBIT A A-2023-090 <br />CITY CLERK <br />DATE: <br />LICENSE AGREEMENT BY AND RETWEEN THE' CITY OF SANTA ANA AND <br />GREYHOUND LINES, INC. FOR USE OF THE SANTA ANA REGIONAL <br />t r: PW A`Z\ (AO TRANSPORTATION CENTER FACILITIES <br />(bab`I L l This LICENSE AGREEMENT (°'Agreement") by and between the City of Santa Ana, a municipal <br />corporation of the State of California ("City") and Greyhound Lines, Inc. ("Licensee"), a Delaware Corporation is <br />dated as of May 16, 2023 ("Effective Date"). Licensee and City are sometimes individually referred to as "Party" <br />and collectively as "Parties." <br />M <br />iV <br />�+ RECITALS <br />e`r <br />o A. Licensee provides interstate bus transportation services throughout the state of California. <br />B. Licensee desires 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 stop for <br />the purpose of drop off and pick up of its Invitees (defined below) that utilize Licensee's bus services ("Transit <br />Services"). City desires to allow Licensee the use of and access to the Facilities for a bus stop for the purpose of <br />drop off and pick up of its Invitees and allowing its Invitees to utilize the Transit Services. <br />NOW, THEREFORE, in consideration of the above recitals and the mutual covenants hereinafter contained <br />and for good and valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as follows: <br />1. TERIVIS <br />1.1 Facilities Subject to License. City owns the real property commonly known as the Santa Ana <br />Regional Transportation Center (SARTC). Subject to the terms and conditions of this Agreement, City hereby <br />agrees to allow Licensee the non-exclusive use of and access to one (1) bus bay at the Facilities as a bus stop for <br />the purpose of drop off and pick up of its Invitees (defined below). - THE BUS BAY SUBJECT TO THIS LICENSE <br />IS BUS BAY #5 ("License Area"). See Exhibit A for description of License Area. The parties understand that the <br />City may unilaterally reassign the License for Bus Bay #5 to another bus bay in the future upon written notice by <br />the City and that all terms and conditions of this license will likewise apply to any replacement bus bays. <br />1.2 Term, Grant of License, Terms of License. Term. City hereby grants to Licensee a non-exclusive <br />license ("License"), during the term of this Agreement, for vehicular and pedestrian ingress to and egress from the <br />Facilities and vehicular and pedestrian use of the Facilities for its regularly scheduled passenger service. Licensee <br />shall offer patrons the ability to pay in cash or by credit card. THIS AGREEMENT IS INTENDED AND SHALL <br />BE CONSTRUED ONLY AS A REVOCABLE LICENSE TO USE THE LICENSE AREA AND NOT AS A <br />LEASE OR GRANT OF ANY POSSESSORY OR OTHER INTEREST. <br />1.3 Commencement Date of Agreement. This Agreement shall commence on June 1, 2023 <br />("Commencement Date") for a one (1) year term with the option for the City to grant up to four (4) one (1) year <br />renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in <br />accordance with Section 1.10 of this Agreement. If, at the sole determination of the City, the Licensee has not fully <br />complied with Section 1.5. any rights granted to the Licensee under this Agreement shall be automatically <br />terminated as of that date without any further action by the City. <br />1.4 Restrictions on Use of Facilities. Licensee shall not use, and shall prohibit its Agents (defined as <br />follows) or Invitees (defined as follows) from using the Facilities other than for the purposes specified herein. The <br />