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INSURANCE ON FILE WORK MAY PROCEED A-2016-331 UN'CIL INSURANCE EXPIRES CLERK OF COUNCIL DATE: 1--ir -. tP1 I LICENSE AGREEMENT BY AND BETWEEN TIE CITY OF SANTA ANA AND GREYHOUND LINES, INC. FOR USE OF THE SANTA ANA REGIONAL TRANPORTATION CENTER FACILITIES This LICENSE AGREEMENT ("Agreement") by and between the CITY OF SANTA ANA, a municipal corporation of the State of California ("City") and GREYHOUND LINES, INC„ a California Corporation (Referred to as "Licensee" or "Greyhound") is dated as of December 1, 2016 ("Effective Date"). Greyhound and City are sometimes individually referred to as "Party" and collectively as "Parties." RECITALS A. Licensee is a provider of interstate bus transportation services throughout the state of California. B. Licensee desires the use of and access to the Santa Ana Regional Transportation Center Facilities ("SARTC" or "Facilities"), located at 1000 East Santa Ana Boulevard in the City of Santa Ana, for a bus stop for the purpose of drop off and pick up of its Invitees (defined below) that utilize Greyhound's bus services ("Transit Services"). City desires to allow Licensee the use of and access to the Facilities for a bus stop for the purpose of drop off and pick up of its Invitees and allowing its hivitees to utilize the Transit Services. AGREEMENTS NOW, THEREFORE, in consideration of the above recitals and the mutual covenants hereinafter contained and for good and valuable consideration, the receipt of which is hereby aelmowledged, the Parties agree as follows: TERMS Ll Facilities Subject to License. City owns the real property commonly known as the Santa Ana Regional Transportation Center (SARTC) (also referred herein as the "Facilities"), Subject to the terms and conditions of this Agreement, City hereby agrees to allow Licensee the exclusive use of, and access to, two (2) bus bays at the Facilities as a bus stop for the purpose of drop off and pick up of its Invitees (defined below). THE BUS BAYS SUBJECT TO THIS LICENSE ARE BUS BAYS #5 AND #6 (The "License Area"). The parties understand that the City may unilaterally reassign the License for bus bays #5 and #6 in the fitture upon written notice by the City and that all terms and conditions of this license will likewise apply to any replacement bus bays. See Exhibit "A" for description of License Area. 1.2 Grant of License. Terms of License, City hereby grants to Licensee an exclusive license ("License"), during the tern of this Agreement, for vehicular and pedestrian ingress to and egress from the Facilities and vehicular and pedestrian use of the Facilities for its regularly scheduled passenger service. THIS AGREEMENT IS INTENDED AND SHALL BE CONSTRUED ONLY AS A REVOCABLE LICENSE TO U SE THE LICENSE AREA AND NOT AS A LEASE OR GRANT OF ANY POSSESSORY OIt OTHER INTEREST. 13 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.