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GREYHOUND LINES, INC. (2)
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GREYHOUND LINES, INC. (2)
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Last modified
2/17/2021 4:35:12 PM
Creation date
2/3/2017 4:41:35 PM
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Contracts
Company Name
GREYHOUND LINES, INC.
Contract #
A-2016-331
Agency
PUBLIC WORKS
Council Approval Date
11/15/2016
Expiration Date
11/15/2019
Insurance Exp Date
4/1/2021
Destruction Year
0
Document Relationships
GREYHOUND LINES, INC. (3)
(Amended By)
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1.4 CityA_pproval of Greyhound's Buses. Greyhound shall provide the City with documentation <br />listing, for each and every bus providing services at the SARTC: (1) registered owner; (2) VIN number; (3) license <br />plate number; (4) USDOT number; (5) proof of authorization from the Federal Motor Carrier Safety Administration <br />("FMCSA"); (6) proof of insurance; and (7) a list of all licensed drivers who may operate the bus, Additionally, <br />Licensee shall ensure that use of the Bus Bays shall be by clearly marked buses identifying the Greyhound company <br />name and USDOT number, Licensee agrees that it will provide the City with a list of buses that will use Bus Bay <br />#5 and #6 as a precondition for use of the Bus Bays. Any additional buses must be approved by the City prior to <br />beginning service. The use of any non -approved bus at the SARTC is a breach of this Agreement and will result m <br />iimnediate termination thereof. <br />1.5 Compensation. As consideration for its use of the License Area and related Facilities, Licensee <br />agrees to pay a monthly fee of $5,000.00 per month for the term of this Agreement. Such payment shall be made <br />payable to the City of Santa Ana, in advance for each month, and at the following address: payable to "The City <br />of Santa Ana" and remitted to: City of Santa Ana M-13, 20 Civic Center Plaza, PO Box 1988, Santa Ana, CA <br />92702. A late charge of ten percent (10%) shall be applied to any payment hereunder due but unpaid after the 10111 <br />of the month. The consideration for this License shall be subject to a CPI adjustment for the most current period <br />(for All Urban Consumers) annually on the anniversary of the Effective Date of this Agreement. <br />1.6 AS -IS Condition. City makes no representation or warranty of any kind as to the condition of the <br />License Area or any other matter relating to Licensee's use of the License Area. Licensee hereby disclaims and <br />waives any and all objections to the physical and other characteristics and conditions of the License Area. Licensee <br />acknowledges and agrees that the use of the License Area will be on the basis of Licensee's own investigation of <br />the condition of the License Area. The license to use the License Area shall be granted on an "AS -IS," "WITH <br />ALL FAULTS" basis, without representation or warranty expressed or implied by City, or by operation of law. <br />City expressly disclaims, which Licensee hereby acknowledges and accepts, any implied warranty of condition or <br />fitness for a particular purpose or use. Licensee's use of the License Area shall be subj ect to the License Area being <br />in a usable and safe condition at the time of Licensee's use and Licensee shall be responsible for determining <br />whether the License Area is in such condition, In connection therewith, in the event that the License Area or access <br />thereto is damaged or obstructed or the use by Licensee is otherwise impaired, prevented or limited, City shall have <br />no obligation or duty to repair the damage or rectify the condition to make the License Area usable or safe. <br />1.7 Term and Termination of License. The term of this License shall continence on December 1, <br />2016, and shall continue ,indefinitely subject to termination without cause by either Party with seven (7) days' <br />notice, unless earlier terminated as provided herein. <br />1.8 No assignment of License, The permission, rights and privileges granted hereunder are <br />nonexclusive and nontransferable, Licensee shall not, either voluntarily or by action of law, assign or transfer this <br />License or any obligation, right, title or interest assumed by Licensee herein without the prior written consent of the <br />City. If Licensee attempts an assignment or transfer of this License or any obligation, right, title or ,interest herein, <br />City may at its option, terminate the License pursuant to Section 1.10 below and shall thereupon be relieved from <br />any and all obligations to Licensee or its assignee or transferee. <br />1.9 A reement. to Protect and Maintain Facilities Licensee, on behalf of its Agents and Invitees, agrees <br />to take all prudent action to protect the Facilities from any damage or injury caused by the exercise of this License. <br />Licensee shall immediately notify City of any damage or injury to the Facilities caused by its use of the Facilities. <br />1.10 City's Right of Sus erasion, Termination. City reserves the right to immediately suspend all <br />activities or terminate this Agreement upon Licensee' non-compliance with any of the terms or conditions of this <br />Agreement. Such suspension or termination shall be effective immediately. <br />
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