Item 19 - Site License Agreement for Bus Passenger Services

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OTHER INTEREST. At all times, Licensee is required to fully and adequately meet the requirements presented in Licensee's proposal, which is attached hereto as Exhibit B and incorporated herein by reference. The Parties understand that the Licensee is not authorized to begin business operations until the conditions in Section 1.5 of this Agreement have been fully complied with by Licensee. 1.3 Term. This Agreement shall expire in six (6) months from November 1, 2023 ("Commencement Date") with the option for the City to grant up to four (4) one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 1.10 of this Agreement. If, at the sole determination of the City, the Licensee has not frilly complied with Section 1.5 of this Agreement, any rights granted to the Licensee under this Agreement shall terminate, and this Agreement shall be automatically terminated as of that date without any further action by the City. 1.4 Restrictions on Use of Facilities. Licensee shall not use, and shall prohibit its Agents (defined as follows) or Invitees (defined as follows) from using the Facilities other than for the purposes specified herein. The term "Agents" shall mean Licensee's officers, directors, members, agents, employees, invitees, contractors, subcontractors, and any employees of such parties. The term "Invitees" shall mean Licensee's invitees, guests, customers or business visitors. The Invitees shall have access, during normal operating hours, to the Licensed Area by way of the common areas of SARTC. Notwithstanding the foregoing, the public and Licensee's Invitees shall not block any paths in ingress or egress or the permitted areas of any other licensee or tenant of SARTC. 1.5 City Approval of Licensee's Buses. Licensee shall provide the City with documentation listing for each and every bus providing services at the SARTC: (1) Registered owner; (2) VIN number; (3) License plate number; (4) USDOT number; (5) Proof of authorization from the Federal Motor Carrier Safety Administration ("FMCSA"); (6) Proof of insurance; and (7) An annual list of all licensed drivers who may operate the buses. Licensee may utilize drivers not identified on the list in case of unavailability so long as all substitute drivers have all applicable licenses and qualifications and the names and qualifications of the substitute drivers are provided to the City within fourteen (14) days of said substitution. In the event such information is the subject of a request under the California Public Records Act, City will refrain from disclosing personal contact or other information that may be private, but only to the extent permissible under the Act and its interpreting authorities.