NATIONAL RAILROAD PASSENGER CORPORATION, INC. - AMTRAK 1b

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INSURANCE NOT REQUIRED A-2006-027-02 WORK MAY PROCEED ctE/? `/Z CIL p R t G i f?l A L ???!lI'Tr (J" AMENDMENT TO SITE LICENSE AGREEMENT ?cc// AND EXERCISE OF SECOND OPTION TO EXTEND THIS AMENDMENT TO AGREEMENT is entered into on June 22, 2011, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, hereinafter referred to as "Licensor", and National Railroad Passenger Corporation, hereinafter referred to as "Licensee". ' RECITALS: ' ,? A. The parties entered into that certain Site License Agreement A-2006-027, dated June 30, ;??? 2005, (hereinafter "Agreement") by which Licensee is granted a personal, non-exclusive, S l revocable license to encroach upon the described License Area for the purpose of ? accommodating a passenger train transportation company, including its business operations ? (hereinafter "License"). J B. In accordance with the terms and conditions of said Agreement, the Licensee desires to exercise its option to extend the term of said License Agreement. C. The parties also desire to amend said Agreement to allow Licensee to utilize a bus bay licensed to OCT for Licensee's Thruway Bus Service and to reflect that Licensor is responsible for ordinary maintenance and repair of the Property. WHEREFORE, in consideration of the covenants contained in said AAgreement, and subject to all consideration the terms and conditions Agreement, except those amended this Amendment to Agreement, the parties agree as follows: 1. Section 1.0 1, License Area and Use, shall be deleted in its entirety and replaced with the following: "(a) Licensor owns the real property described in Exhibit "A" attached hereto and made a part hereof (the "Property"), commonly known as the Santa Ana Regional Transportation Center ("SARTC") located at 1000 East Santa Ana Boulevard, Santa Ana, California. Licensor grants to Licensee the privilege of a personal, non- exclusive, revocable license ("License") to encroach upon the "License Area", as herein described and shown in general in Exhibit "B", attached hereto and incorporated herein by reference, ("License Area") for the purpose of accommodating a train transportation company including its business operations and for no other purpose. (b) The Orange County Transportation Authority ("OCTA") holds a personal, non- exclusive, revocable, license for the use of Bus Bay 1 O, as depicted in Exhibit "A". Licensor hereby authorizes OCTA to provide to Licensee a personal, non-exclusive, revocable license for the use of Bus Bay 1 O for the purpose of operating its Amtrak Thruway Bus Service. Licensee's use of Bus Bay 1 O will be pursuant to a schedule agreed between Licensor, Licensee and OCTA. Licensor and OCTA shall be notified immediately of any changes or adjustments to the Amtrak Thruway Bus Service, and may prohibit use of Bus Bay 10, if such change conflicts with current bus schedules of other parties.