ORANGE COUNTY TRANSPORTATION AUTHORITY (7) - 2009

Home Browse Search

tim 2 7 2016 -2009 04$-Q01 O - Mh Ca) FIRST AMENDMENT TO SITE LICENSE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND ORANGE COUNTY TRANSPORTATION AUTHORITY THIS FIRST AMENDMENT TO SITE LICENSE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND ORANGE COUNTY TRANSPORTATION AUTHORITY ("License Agreement") is made and entered into this 3rd day of May, 2016, by and between the above-referenced parties. RECITALS A. On June 1, 2009, the City of Santa Ana ("Licensor") entered into Agreement #N-2009-046 with the Orange County Transportation Authority ("Licensee") for the purpose of licensing bus bays 1, 2, 3, and 10 to Licensee at the City-owned Santa Ana Regional Transportation Center (`SARTC"), which is also known as "The Depot". B. The original term of the License Agreement was 5 years, from June 1, 2009 through May 31, 2014, with 5 one-year extension options to be granted at Licensor's sole discretion. C. Through such options, the Agreement remains in effect through May 31, 2016 and is subject to three remaining one-year options at Licensor's sole discretion. D. The parties now wish to amend the Agreement to include a fifth bus bay to the "License Area" that is defined in the License Agreement by reference to Exhibit B to the License Agreement. The Parties therefore agree: 1. The original Exhibit B to the License Agreement shall be superseded in its entirety by the Site Plan that is attached to this First Amendment bearing the same exhibit title and depicting bus bays 1, 2, 3, 9, and 10. All references to the "License Area" shall mean the new Site Plan and more specifically these five numbered bus bays. There is no Exhibit A to this First Amendment. 2. Section 1.03(a), Consideration/Maintenance Fee, is amended to read in its entirety: "Licensee shall pay to Licensor an annual Maintenance Fee for the maintenance and upkeep of the License Area in the amount of Two Thousand Two Hundred Eighty -Two Dollars (52,282.00) payable effective June 1, 2016, and thereafter, in its entirety on June 151 of each year of this Agreement. Licensee may choose to pay said Maintenance Fee on a monthly basis with payments in the amount of $190.17 per month. Payments will be due upon execution of this First Amendment and thereafter on or before the 10'" of each month, payable to "The City of Santa Ana" and remitted to: The Depot at Santa Ana, 1000 East Santa Ana Blvd, Suite 108, Santa Ana, CA 92701. A late charge of ten percent (10%) shall be applied after any payment hereunder is due but unpaid." 3. Except as modified by this First Amendment, the terms and conditions of the License Agreement remain unchanged and in full force and effect, Page 1 of 2