20B - AA - INTERNATIONAL BUS LINES SARTC

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LICENSE AREA AND NOT AS A LEASE OR GRANT OF ANY POSSESSORY OR OTHER INTEREST. 1.3 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 or License Area other than for the purposes specified herein. The term "Agents" shall mean Licensee' 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. 1.4 City Approval of International Bus Lines Inc 's Buses. International Bus Lines, Inc. 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) a list of all licensed drivers who may operate the bus, Additionally, Licensee shall. ensure that use of the Bus Bay 44 shall be by clearly marked buses identifying the International Bus Lines, Inc, company name and USDOT number. Licensee agrees that it will provide the City with a list of buses that will use Bus Bay #4 as a precondition for use of the Bus Bays. Any additional buses must be approved by the City prior to beginning service. The use of any non -approved bus at the SARTC is a breach of this Agreement and will result in immediate termination thereof. 1.5_ Compensation. As consideration for its use of the Facilities, Licensee agrees to pay $3,000.00 per month for the term of this Agreement. License fees for any partial month shall be pro -rated. Payment shall be made payable to the City of Santa Ana, in advance for each month, no later than the 101 of the prior month, at the following address: City of Santa Ana M-13, 20 Civic Center Plaza, PO Box 1988, Santa Ana, CA 92702. A late charge of ten percent (10%) shall be applied to any payment hereunder due but unpaid after the 10' of the month. The consideration for this License shall be subject to a CPI adjustment annually on the anniversary of the effective date during the term hereof The parties agree that no payment under this Section shall be due. until the completion of all tenant improvements made by Licensee to the Premises at SARTC that are the subject of the separate lease agreement between City and Licensee, as determined by City, provided that the first license payment shall be due no later than 120 days following City's approval of this License Agreement. 1.6 AS -IS Condition. City makes no representation or warranty of any kind as to the condition of the License Area or any other matter relating to Licensee's use of the License Area. Licensee hereby disclaims and waives any and all objections to the physical and other characteristics and conditions of the License Area. Licensee acknowledges and agrees that the use of the License Area will be on the basis of Licensee's own investigation of the condition of the License Area. The license to use the License Area shall be granted on an "AS -IS," "WITH ALL FAULTS" basis, without representation or warranty expressed or implied by City, or by operation of law. City expressly disclaims, which Licensee hereby acknowledges and accepts, any implied warranty of condition or fitness for a particular purpose or use. Licensee's use of the License Area shall be subject to the License Area being in a usable and safe condition at the time of Licensee's use and Licensee shall be solely responsible for determining whether the License Area is in such condition. In connection therewith, in the event that the License Area or access thereto is damaged or obstructed or the use by Licensee is otherwise impaired, prevented or limited, City shall have no obligation or duty to repair the damage or rectify the condition to make the License Area usable or safe, 1.7 Tenn and Revocation of License. The term of this License shall commence on October 3, 2017, and shall continue for one year. The term may be extended for up to four 1 -year periods by a writing executed by the City Manager and City Attorney. City may revoke this license at any time by providing written notice to Licensee. 2 PKI-