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-.i INSURANCE NOT ON FILE A-2017-260 � � WORK MAY NOTPROCEED CLERK OF COUNCIL i DATE: OCT 2 4 2017 o �� v A l 5 LICENSE AGREEMENT BY AND BETWEEN THE CITY OF SANTA ANA AND INTERNATIONAL BUS LINES, INC. FOR USE OF THE SANTA ANA REGIONAL TRANSPORTATION CENTER FACILITIES t This LICENSE AGREEMENT ("Agreement") by and between the MY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City") and INT'ERNATION'AL BUS LINES, INC., a California corporation ("Licensee"), is dated October 3, 2017 ("Effective Date'). Licensee and City are sometimes individually referred to as "Party" and collectively as "Parties." RECITALS A. On August 1, 2017, the City issued Request for Proposal No. 17-076, by which it sought operators to provide bus passenger services at the Santa Ana Regional Transportation. Center Facilities, located at 1000 East Santa Ana Boulevard in the City of Santa Ana ("Facilitics"). B. Licensee is a provider of bus transportation services in the state of California who submitted a responsive pmpasal that was selected bythe City. Licensee represents and agrees that it is able and willing to provide the scope of services as described in RFP No. 17-076 and attached herein as Exhibit A- C. Licensee desires the use of and access to the Facilities for a bus stop for the purpose of drop off and pickup of its Invitees (defined below) who utilize Licensee'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 Invitees to utilize the Transit Services. At all times, Licensee must meet the requirements presented in RFP 17-076 as appearing in Exhibit A. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants hereinafter contained and forgood and valuable consideration, thereceipt ofwhieh is hereby acknowledged, theParties agree as follows: 1. TERMS AND GRANT OF LICENSE 1.1 Facilities Subject to License. City owns the real property commonly known as the Santa Ana Regional Transportation Center (SARTC). Subject to the terms and conditions of this Agreement, City hereby agrees to allow Licensee the non-exclusive use of and access to one (1) bus bay at the Facilities as a bus stop for the purpose of drop off and pick up of its Invitees (defined below). - TIM BUS BAY SUB)ECT TO THIS LICENSE IS BUS BAY #4 ("License Area"). The parties understand that the City may unilaterally reassign the License for Bus Bay #4 to another bus bay in the future 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 B for description of License Area. 1.2 Grant of License TermsofLicense. City hereby grants to Licensee a non-exalusivelicense ("License"), during the tern of this Agreement, for vehicular and pedestrian ingress to and e' ens from the Facilities and vehicular and pedestrian use of the Facilities for its regularly scheduled passnger service. Licensee shall offer patrons the ability to pay in cash or by credit card. THIS AG EMENT IS INTENDED AND SHALL BE CONSTRUED ONLY AS A REVOCABLE LICENSE 0 USE TIIE