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HomeMy WebLinkAboutGREYHOUND LINES, INC. (6)INSURANCE ON FILE A- 2 0 2 2 -�� 2 WORK MAY PROCEED UNTIL IN URANCE EXPIRES 01 . DI . tz CLERK DATE: OF COLEASE AGREEMENT BY AND BETWEEN THE CITY OF SANTA ANA AND GREYHOUND LINES, INC. FOR USE OF THE SANTA ANA REGIONAL MAR 10 2022 TRANSPORTATION CENTER FACILITIES �� vwFl Cr�rielc�or�tetcx l)TT THIS LEASE AGREEMENT (the "Lease") is dated as of February 1, 2022, by and between the City of Santa Ana, a Municipal Corporation ("Landlord" or "City"), and Greyhound Lines, Inc., a California Corporation ("Tenant"). City and Tenant are sometimes individually referred to as "Party" and collectively as "Parties." l . EXHIBITS: The following exhibits are attached hereto and incorporated herein by reference: Exhibit "A" The Premises Exhibit "B": License Agreement Exhibit "C" Additional Lease Conditions 2. PREMISES: Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, upon the terms, covenants and subject to the conditions set forth herein, a portion of the property located at 1000 East Santa Ana Boulevard in the City of Santa Ana, commonly known as the Santa Ana Regional Transportation Center (SARTC). Specifically, Tenant will be leasing the portion identified as Suite 105, consisting of approximately 580 square feet of interior office space, for the purpose of selling tickets to patrons in order to utilize the Tenant's services (hereinafter referred to as the "PREMISES"). The PREMISES are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. The Landlord reserves the right to reconfigure the lease space or relocate the Tenant within SARTC by providing Tenant with a 30- day notice of such reconfiguration or relocation. 3. TERM: The term of this Lease (the "Term") shall be for a period of one (1) year, which shall commence on February 1, 2022 (the "Effective Date") and end on January 31, 2023, unless sooner terminated or extended as provided herein. If, at the sol a determination of the City, the Tenant has not fully complied with Section 1.5 of Exhibit "B" attached hereto and incorporated herein by reference, any rights granted to the Tenant under this Lease shall terminate, and this Lease Agreement shall be automatically terminated as of that date without any further action by the City. Tenant acknowledges that a condition precedent to occupancy of the Premises is the following: At all times, Tenant shall provide the Landlord with documentation listing for each and every bus providing services at the SARTC in accordance with the terms and conditions outlined Section 1.5 of Exhibit "B". Notwithstanding Section 20 of this Agreement, Tenant's failure to abide by Section 1.5 of Exhibit "B" constitutes a breach and will result in the immediate termination of this Lease Agreement. 4. ADDITIONAL LEASE CONDITIONS: Tenant acknowledges that this lease is subject to compliance with the additional lease conditions attached hereto as Exhibit "C" attached hereto and incorporated herein by reference. These additional lease condition are a material part of this lease agreement and any default of these conditions will be deemed a major breach and will subject this lease to immediate termination. 5. EXTENSION PERIODS: Landlord shall have the right, but not the obligation, to provide Tenant the option to extend the Term for one (1) additional period of one (1) year each on the same terms and conditions as set forth in this Lease. Each option shall be agreed to in writing by the City Manager and Tenant prior to the expiration of the Term or any Extension Period then in effect. 6. RENT: Upon the Effective Date (a) Tenant shall pay to Landlord, as rent ("Rent"), the monthly sum of two thousand six hundred sixty eight dollars ($2,668) in advance, on the 1st day of each calendar month and continuing for the first six months of the Term. Effective August 1, 2022, rent shall be increased to three thousand four hundred ninety five dollars ($3,495) for the remainder of the Term, including any extension periods exercised under Section 5. Tenant shall commence the payment of Rent and other charges payable pursuant to this Lease on the Effective Date. All payments of Rent and other sums due to Landlord hereunder shall be made payable to "The City of Santa Ana" and remitted to: City of Santa Ana M-13, 20 Civic Center Plaza, PO Box 1988, Santa Ana, CA 92702. A LATE CHARGE OF TEN PERCENT fl0%) SHALL BE APPLIED TO ANY PAYMENT HEREUNDER DUE BUT UNPAID AFTER THE 1011 OF THE MONTH. Landlord and Tenant hereby agree that Rent for any Extension Period, if the option for such is exercised, shall be subject to a CPI adjustment annually on the anniversary of the Effective Date of this Agreement. 7. HOLDOVER: Tenant has no right to retain possession of the Premises or any part thereof beyond the expiration or termination of this Lease. In the event that Tenant holds over, then the Rent shall be increased to 150% of the Rent applicable immediately preceding the expiration or termination. Nothing contained herein shall be construed as consent by Landlord to any holding over by Tenant. Any holding over by Tenant of the Premises after the expiration or termination of this Lease shall operate and be construed as a tenancy from month to month on all terms of this Lease, terminable by either party upon thirty (30) days prior written notice to the other. S. LANDLORD'S TITLE: (a) Landlord hereby covenants, represents and warrants to Tenant that Landlord has fee simple title to the Premises and has the full right and lawful authority to make this Lease. Notwithstanding anything contained herein to the contrary, if there are any liens, security interests, restrictions, leases, encumbrances, encroachments, laws, ordinances, governmental rules or regulations, title restrictions, zoning, endangered species or any other matters which in fact interfere with Tenant's use of the Premises, then Tenant may terminate this Lease without owing any liability to Landlord. Landlord covenants that so long as Tenant is not in monetary default hereunder, Tenant shall have quiet and peaceful possession and enjoyment of the Premises, all improvements located thereon and of all easements, rights and appurtenances thereunto belonging. 2 9. DELIVERY OF POSSESSION UPON TERMINATION OR EXPIRATION OF TERM: Tenant agrees to deliver to Landlord physical possession of the Premises upon the termination or expiration of this Lease in good condition excepting, however, ordinary wear and tear, damage by fire or any other casualty, or damage from any other cause unless such other cause is attributable to the negligence of Tenant. 10. ASSIGNMENT AND SUBLETTING: Tenant may not assign this Lease or sublet the Premises or any part thereof without the prior written consent of Landlord. 11. TENANT'S REPAIRS, ALTERATIONS, FIXTURES: Except for reasonable wear and tear, Landlord agrees at Landlord's expense to (1) construct a wall to separate Suite 105 from the remainder of the Premises such that Suite 105 is a standalone suite, (2) provide general building maintenance, and (3) maintain in good repair the foundation, retaining walls and structural soundness of the Premises. Landlord agrees to keep the Premises in good repair, including the plumbing, electrical wiring, air-conditioning and heating equipment. Subject to Landlord approval, Tenant may make and pay for any renovations, alterations and improvements to the Premises as Tenant deems desirable and Tenant agrees that all such alterations and improvements shall be made in a good and workmanlike manner and in such fashion as not to diminish the value of the building, and that no such alterations shall compromise the structural integrity of the Premises. All improvements, additions, alterations, and repairs shall be in accordance with applicable laws and at Tenant's own expense. Tenant shall indemnify and defend Landlord for all liens, claims, or damages caused by remodeling, improvements, additions, alterations, and major repairs made by Tenant. It shall be Tenant's 's duty to keep the Premises free and clear of all liens, claims, and demands for work performed, materials furnished, or operations conducted on the Premises at the request of Tenant. On surrendering possession of the Premises to Landlord at the expiration or sooner termination of this Lease or any Extension Period, Tenant shall be required to return the Premises in the same condition upon commencement of lease except for normal wear and tear. Tenant may paint the interior of the Premises and may also paint, erect or authorize the installation of "temporary signs" in accordance with a signage plan that is pre -approved by the Landlord. Landlord shall not install or maintain, or permit anyone other than Tenant to install or maintain, any signs on any part of the Premises or within the air space above the Premises during the Term or any Extension Period of this Lease. 12. COMPLIANCE WITH LAWS: Tenant shall make and pay for nonstructural improvements and alterations to comply with all applicable laws, rules, regulations and ordinances of any and all applicable governmental entities (the "Governmental Laws") applying to the physical condition of the premises arising from Tcnant's conduct of business. TENANT ACKNOWLEDGES THAT THE PREMISES HAS NOT UNDERGONE AN INSPECTION BY A CERTIFIED ACCESS SPECIALIST (CASP 13, Intentionally Omitted. 3 14. ESTOPPEL CERTIFICATES: Landlord and Tenant shall, from time to time upon thirty (30) days' request by the other (but not to exceed more than three (3) times in any given calendar year), execute, acknowledge and deliver a statement, dated currently, certifying that this Lease is unmodified and in full, force and effect (or, if there have been modifications, that this Lease is in full effect as modified, and identifying such modifications) and the dates to which the Rent have been paid, and that no default exists in the observance of this Lease and no event of default has occurred and is continuing, or specifying each such default or event of default of which Landlord or Tenant may have knowledge, it being intended that any such statement may be relied upon by Landlord's or Tenant's Mortgagees, any prospective purchaser of the interest of Landlord or Tenant in their respective premises described herein. 15. LIABILITY INSURANCE: Throughout the Term or any Extension Period, Tenant shall maintain insurance as described below: a. Commercial General Liability Insurance: Commercial general liability insurance for injury to person (including death) or damage to property occurring within the building arising out of the use and occupancy thereof by Tenant, its licensees, employees, invitees, agents and customers. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $2,000,000 per occurrence and $5,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $5,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Tenant, if Tenant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance, Prior to commencing the performance of the work under this Agreement, Tenant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Property Insurance. Tenant shall maintain not less than $1,000,000 Fire Legal liability on all real property being leased, including improvements and betterments owned by the Landlord, and shall name the Landlord as a loss payee. Tenant shall also provide fire insurance on all personal property contained within or on the leased premises. The policy must be written on an "all risks" basis, excluding earthquake and flood. The Tenant shall name the Landlord as additional insured. e. The following requirements apply to the insurance to be provided by Tenant pursuant to this section: i. Tenant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the Landlord upon execution of this Agreement. iii. Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City, except for 10 days' notice for non-payment of premium. iv. If Tenant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the Landlord with required proof that insurance has been procured and is in force and paid for, the Landlord shall have the right, at the Landlord's election, to forthwith terminate this Agreement. 16. DAMAGE BY CASUALTY: In the event of a fire or other casualty in the Premises, Tenant shall immediately give notice thereof to Landlord. ii. If the Premises, through no fault of Tenant, its agents, employees, invitees, or visitors, shall be partially destroyed by fire or other casualty so as to render the Premises untenantable as reasonably determined by Landlord, Rent shall abate in proportion to the percentage of square footage of the Premises rendered unusable until such time as the Premises are made tenantable as reasonably determined by Landlord. iii. Except where Landlord is not obligated to repair or rebuild the Building or the Premises, Landlord will use due diligence to repair the same (except that Landlord will have no obligation to repair or replace any alteration, addition, or improvements to the Premises other than the Tenant Improvements installed at Landlord's expense which will be repaired only to the level of Building Standard Improvements). iv. In the event of (i) the total destruction of the Premises, (ii) the partial destruction of the Premises or the Building where the same is so damaged that it cannot, in Landlord's reasonable opinion, be repaired within ninety (90) days of the occurrence of such damage, or (iii) damage or destruction as a result of any casualty for which insurance proceeds are not available to pay 100% of the cost of repair or rebuilding, Landlord will have no obligation to repair or rebuild the Premises or the Building. Landlord will make its determination whether to repair or rebuild within ninety (90) days of the occurrence of such damage or destruction. Upon notification to Tenant of Landlord's decision not to repair or rebuild, this Lease shall terminate. 17. EMINENT DOMAIN: (a) If (i) all or part of the Premises, the building located thereon, or (ii) so much of any rights in the Premises or the building located thereon shall be taken or appropriated under any right of eminent domain or under any other legal right whereby the taking authority is obligated to compensate Landlord therefor so that there does not remain premises suitable in the sole opinion of Tenant for the operation of its business, then Tenant may terminate and cancel this Lease without owing any liability to Landlord as of the date on which the condemning authority takes physical possession upon giving to Landlord written notice of such election. Landlord agrees immediately within ten (10) days after any notice of intended or actual taking or appropriation to give Tenant written notice thereof, providing to Tenant full details of such taking or appropriation, including, without limitation copies of all condemnation plans or surveys submitted by the condemning authority, a statement of the nature of the project to be conducted by the condemning authority, and such other information as might be necessary to enable Tenant to determine its future course of conduct. TENANT ACKNOWLEDGES THAT LANDLORD'S EXERCISE OF ITS RIGHT TO TERMINATE THIS LEASE UNDER ANY OF THE PROVISIONS OF THIS LEASE SHALL NOT ENTITLE TENANT TO ANY RIGHTS OR CLAIMS FOR RELOCATION BENEFITS OR ANY OTHER CLAIMS RELATED TO CONDEMNATION OR INVERSE CONDEMNATION. (b) If this Lease shall be terminated and canceled as a result of any taking or appropriation, Tenant shall be released from any further liability and Rent and other sums for the last month of Tenant's occupancy shall be prorated and Landlord shall immediately refund to Tenant any sums paid in advance. (c) Tenant reserves unto itself the right to prosecute Tenant's claim for an award for damages for the termination of this Lease caused by such appropriation or taking, together with damages based on the value of Tenant's improvements and Tenant's fixtures and other personal property erected or installed on the Premises and damages Tenant may sustain to the interest in the business operated by Tenant on the Premises, including, but not limited to, goodwill, patronage, and the removal, relocation, and replacement costs and expenses caused by such appropriation or taking, and Tenant may file such claims as are permitted by law for the loss of its leasehold interest, business dislocation damages, moving expense, or other damages caused by such taking or appropriation. Tenant's right to receive compensation or damages for its fixtures or its personal property shall not be affected in any manner by this Lease. is. LIENS: Tenant shall promptly remove and discharge, at its cost and expense, all mechanic's liens, or other liens, for labor performed or materials furnished with respect to the Premises by or for Tenant. 19. PARKING AREA: Tenant acknowledges that Landlord has entered into an agreement with the Orange County Transportation Authority for the operations of the OC Streetcar C at SARTC, which is under construction. Such operations may affect the number of parking spaces available at any one time, though it is not possible to determine the precise effect at the time of this Lease. Surface Parking Lots I and 2 allow up to 72-hour parking. Landlord will provide parking passes to identify all Tenant vehicles parked at SARTC at no cost to Tenant. If the parking structure at SARTC is full, Tenant and Tenant's agents, employees, customers and invitees must use the surface lots at SARTC. 20. TENANT'S DEFAULT: (a) If Tenant shall default in payment of Rent, when due, Landlord shall forward written notice, pursuant to Section 22, of such default to Tenant, and the failure of Tenant to cure such default within three (3) days after the date of receipt of such notice shall, at the option of Landlord, cause the termination of this Lease. (b) If Tenant shall default in the performance of any other terms or provisions of this Lease, and if Landlord shall give to Tenant written notice, pursuant to Section 22, of such default, and if Tenant shall fail to cure such default within thirty (30) days after receipt of such notice, Landlord at its option, shall cause the termination of this Lease immediately; provided, however, if the nature of the alleged default is such that it cannot be performed within the thirty (30) day period, Tenant shall have such additional time as may be reasonably necessary, as determined by the City, to complete performance provided that Tenant diligently commences such cure and diligently pursues the same to completion. 21. HAZARDOUS SUBSTANCES: (a) As used herein, the term "Hazardous Substances" shall mean, without limitation, any substance that is biologically or chemically active or any hazardous, toxic, or dangerous waste, substance (including, but not limited to, lead -based paint, asbestos or petroleum derivative substances), or material defined as such in (or for purposes of) (i) any state, federal or local environmental laws, interpretive letters, regulations, decrees or ordinances, (ii) the Comprehensive Environmental Response, Compensation and Liability Act, as amended, (iii) the Resource Conservation and Recovery Act, (iv) any of the state or local "Super Fund", "Super Lien" or "Cleanup Lien" laws or (v) any other federal, state or local statute, law, ordinance, code, rule, interpretive letter, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any such substances or materials or any amendments or successor statutes with respect to any of the foregoing. (b) During the Term of this Lease, Tenant represents and warrants that no Hazardous Substances will be stored on the Premises and no Hazardous Substances will be discharged on the Premises by Tenant. Tenant agrees that such representations and warranties shall survive any termination of this Lease, and Tenant agrees to indemnify and hold harmless Landlord from any and all costs, expenses, claims and damages, including, but not limited to, attorneys' fees and costs of remediation, arising from Tenant's breach of any of the representations and warranties contained in this Section. 22. NOTICE: All notices or demands required or permitted to be given or served pursuant to this Lease shall be deemed to have been given or served only if in writing, postage and/or delivery fees pre -paid and shall be sent by U.S.P.S. Certified Mail, Return Receipt Requested or via an overnight (or 2-day) delivery service maintaining a record of delivery (e.g. 7 FedEx or UPS), which notices and demands shall be deemed served when delivered (or when delivery is first attempted and refused), and which notices and demands shall be forwarded to the following addresses: TO TENANT: Greyhound Lines, Inc. Attention: Real Estate 350 N. Saint Paul Street Dallas, TX 75201 AND Gce` Bound Lines, Inc_ I gal Department N1ne address) TO CITY: Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-22) Santa Ana, California 92701 Attention: Executive Director Agency AND City Attorney's Office City of Santa Ana 20 Civic Center Plaza (M29) Santa Ana, California 92701 Fax:(714) 647-6515 of Public Works Such addresses may be changed from time to time by either party by serving notice as above provided. 23. USE: For the purposes of this Lease, Tenant's proposed initial intended use of the Premises strictly for the purpose of selling tickets to patrons in order to utilize the Greyhound Transit Services. 24, The Tenant may at any time terminate the Lease by providing the City thirty (30) days advance prior written notice in accordance with Section 22 of this Lease. 25. GENERAL PROVISIONS: (a) This Lease (and the documents referred to herein) constitutes the entire agreement between the parties pertaining to the lease of Suite 105 contained herein and supersedes any and all prior and contemporaneous agreements, representations and understandings, oral or otherwise, between or among the parties with respect to the matters contained herein. (b) This Lease shall be binding upon, and inure to the benefit of, the parties hereto and their respective heirs, legatees, distributes, legal representatives, successors and assigns. (c) This Lease shall not be modified, amended or supplemented, in whole or part, without the prior written consent of all parties hereto. Each and every waiver of any covenant, representation, warranty or any other provision hereof must be in writing and signed by each party whose interests are adversely affected by such waiver. No waiver granted in any one instance shall be construed as a continuing waiver applicable in any other instance. (d) If any legal action or other proceeding is brought for the enforcement hereof, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions hereof, the successful or prevailing party or parties shall be entitled to recover attorneys' fees, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. (e) The parties hereby agree that each party and its attorneys have reviewed and revised this Lease and that the normal rule of construction, to the effect that any ambiguities are resolved against the drafting party, shall not be employed in the interpretation of this Lease and no other rule of strict construction shall be used against any party. All exhibits and schedules attached or to be attached hereto, and all other agreements and instruments referred to herein, are hereby incorporated herein by reference, as fully as if copied herein verbatim. (f) This Lease shall be governed by the internal laws of the State of California without regard to and excluding its principles of conflicts of laws. (g) The parties further agree that upon request, they shall do such further acts and deeds, and shall execute, acknowledge, deliver and record such other documents and instruments, as may be reasonably necessary from time to time to evidence, confirm or carry out the intent and purposes of this Lease. (h) Unless the context in which used clearly requires another construction, throughout this Lease, the masculine gender shall be deemed to include the neuter of feminine or both, the neuter gender shall include the masculine or both, and the singular of terms shall include the plural and vice versa. The section headings are for convenience only and shall not affect the constriction hereof. (i) If any one or more of the provisions hereof shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the validity or enforceability of any other provision hereof, which shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. The parties intend that if any provision hereof is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid. 0) Time is of the essence in the performance of each party's respective obligations (k) This Lease may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one in the same instrument, and it shall not be necessary that any single counterpart bear the signatures of all parties, (1) Unless expressly stated to be exclusive, no remedy conferred herein shall be deemed to be exclusive of any other remedy conferred herein or any other remedy now or hereafter available at law or equity. All remedies conferred herein, and all remedies now or hereafter l] A-2022-002 available at law or equity, shall be deemed to be cumulative and not alternative, and may be enforced concurrently or successively. (m) All provisions of this Lease shall be construed as covenants and agreements where used in each separate provision hereof and shall bind and inure to the benefit of the parties hereto, their respective heirs, legal representatives, successors and assigns. (n) All periods of time shall include Saturdays, Sundays and legal holidays; provided that, if the last day to perform any act or give notice falls on a Saturday, Sunday or legal holiday, then such act or notice shall be timely performed if given on the next succeeding business day. (o) Any holding over by Tenant of the Premises after the expiration or termination of this Lease shall operate and be construed as a tenancy from month to month on all terms of this Lease, terminable by either party upon thirty (30) days prior written notice to the other. (p) Nothing contained in this Lease shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent or of partnership or of joint venture or of any association between Landlord and Tenant, and no provision contained in this Lease nor any acts of the parties hereto shall be deemed to create any relationship between Landlord and Tenant other than the relationship of landlord and tenant. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first written above. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Jose Montoya Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager 10 GREYHOUND LINES, INC. David S. Leach President, Chief Executive Officer EXH1131T B ADDITIONAL LEASE CONDITIONS + Tenant will provide best in class local/regional transportation services to SARTC patrons + Tenant, at its expense, shall comply with all applicable federal, state and local laws, ordinances, regulations, rules and orders with respect to the use of any pennitted areas, • Tenant shall maintain all vehicles in neat, clean, mechanically sound and painted condition at all times • Tenant shall adhere to a transit schedule and provide on -time pick-up and drop off to SARTC patrons • Tenant shall maintain all proper registration for their vehicles AND shall maintain all proper insurance for their vehicles • Tenant rnust meet or exceed all governmental requirements regarding the inspection and maintenance of their vehicles and provide monthly log + Tenant shall have a strong financial background with a multi -year successful operating history and the resources to pay any fees promptly and in Rill • Tenant shall adhere to all rules and regulations regarding the flow of bus/shuttle traffic at SARTC • Tenant shall work with SARTC management to ensure all safety. protocols are strictly adhered to • Tenant shall work with SARTC management to manage ridership during poalc and high volume hours + Tenant shall employ best in class drivers with all proper credentials necessary to operate a bus/shuttle + Tenant shall employee the appropriate security protocols to operate for the public good within a facility of the scale and prominence of SARTC * All buses accessing SARTC must be clearly identified with Tenant business name and DOT number • Provide, if any, information regarding online ticket purchase capabilities for patrons + Tenant must notify the City as soon as the FMCSA classifies high alert statuses of any reason 12 EXHIBIT C ADDITIONAL LEASE CONDITIONS • Tenant will provide best -in -class local/regional transportation services to SARTC patrons. • Tenant, at its expense, shall comply with all applicable federal, state, and local laws, ordinances, regulations, rules, and orders with respect to the use of any permitted areas. • Tenant shall maintain all vehicles in neat, clean, mechanically sound, and painted condition at all times. • Tenant shall adhere to a transit schedule and provide on -time pick-up and drop-off to SARTC patrons. • Tenant shall maintain all proper registration for its vehicles. Tenant shall maintain all proper insurance for its vehicles.- • Tenant must meet or exceed all governmental requirements regarding the inspection and maintenance of its vehicles and provide a monthly log upon request. • Tenant shall have a strong financial background with a multi -year successful operating history and the resources to pay any fees promptly and in full. • Tenant shall adhere to all rules and regulations regarding the flow of bus/shuttle traffic at SARTC. + Tenant shall work with SARTC management to ensure all safety protocols are strictly adhered to. • Tenant shall work with SARTC management to manage ridership during peak and high volume hours. • Tenant shall employ best -in -class drivers with all proper credentials necessary to operate a bus/shuttle service. • Tenant shall employee the appropriate security protocols to operate for the public good within a facility of the scale and prominence of SARTC. • Tenant shall receive payment from patrons via cash and/or debit/credit card. 13 • Selected Proposer must ensure their business name and DOT number is clearly identified on all buses accessing SARTC. Buses with a business name and DOT number different from the Proposer will not be allowed. • Provide, if any, information regarding online ticket purchase capabilities for patrons. Tenant must notify the City as soon as the Federal Motor Carrier Safety Administration classifies high alert statuses of any reason. 14 Francine R. Digitally signed by Francine R. Villareal Villareal Date: 2022.02.02 09:48:27 -01 "�� CERTIFICATE OF LIABILITY OATE(MMD INSURANCE zro]=no21s, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemends). PRODUCER Aon Risk Services Northeast, Inc. OH Office CONTACT NAME HONCincinnati lac rie. EXD: (666) 283-7122 jaC. xo.): (800) 363-0105 8044 Montgomery Road Suite 405 EMAIL ADDRESS: Cincinnati OH 45236-2919 USA INSURERISI AFFORDING COVERAGE NAIC9 INSURED Greyhound Lines, Inc. 350 N St Paul Street INSURERA: AGE Property & Casualty Insurance Co. 20699 INSURER B: National union Fire Ins Co of Pittsburgh 19445 INSUNENC: AID Insurance Company 19399 Dallas TX 75201 USA INSURER D: INSURER E: INSURER F: CERTIFICATE THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUREDV NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS ILimits shown are as requested IN SUBft LTR ABDL TYPE OF INSURANCE INSD WVO POLICY NUMBER MXUDOryErr YYY POLICYEXP) 1 I IMMNDYYYY LIMITS a % I COMMERCIALOENERALLWOILIb CLAIMSMADE E1OOOUR Y 6547201 10 21120 1 4 01 2022 EACHOCGURRENCE $10,000,00 PREMISES (Ea occurrence) $5,000,000 MED E%P (My one person) PERSONAL B AM INJURY $10,000,00 GEN'L AGGREGATE UMF APPLIES PER RO PR-- % POUCV JECT LOC EI GENERALAGGREGATE $10,000,00 PRODUCTS-COMP*P AGO $10,000,0Q OTHER: B AUTO MOBILE LNBIUTY Y 7031017 ADS 10/21/202104/01/2022 COMBINED SINGLE LIMIT (Eaameenn $10,000,00 BODILY DouW(Per nelwn) e x ANY AUTO 7031018 10/21/2021 04/01/2022 B OWNED SCHEDULED AUTOS ONLY AUTOS MININONAWNEO ONLY AUTOS ONLY VA 7031019 MA 10/21/2021 04/01/2022 BODILY IWURY/Per xcenn, PROPERTYDAMAGE (Peracidenn L % UMBRELLA L148 EXCESS UAB X OCCUR CLAIMSMADE IXEUG72512832001 SIR applies per policy terns 04/01/202 & condl 04/OI/2022 ions EACHOCCURRENCE $5,000,00 AGGREGATE $5, 000, 00 OEO I ) RETENTION C WORHERSCOMPENSATIONAND EMPLOYERS' LIABILITY YIN E ECUTIIVEANY I0"CLAMEMBER NN/A WC65885824 C65885825 10/21/2021 10/21/2021 04/01/2022 04/01/2022 X PER STATUTE oiH- ERC EL EACH ACCIDENT $3,000.000 (Mmtlabry In NH) /ryes aescn0e unaer DESCRIPTION OF OPERATIONS no— IWAOSIDARTHERI NY E.L. DISEASE£A EMPLOYEE $3,000,005 EL MSEASEFOLICY UMR $3,000,00Q DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES(ACORO 101, AtltlXlonal R.PrI ANJVU.le. may be aaechaI it more sPN a la req.I., RE: RFP No. 15-089- Bus Passenger services- Santa Ana Regional Transportation Center. City of Santa Ana, officers, agents, employees, and volunteers are included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. General Liability and Automobile Liability policies evidenced herein are Primary and Non -Contributory to other insurance available to Additional Insured, but only in accordance with the policy's provisions. Should General Liability policy be cancelled before the expiration date thereof, the policy provisions of each policy will govern how notice of cancellation may be delivered to certificate holders in accordance with the policy. CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES Be CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLI6Y PROVISIONS. City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana CA 92702 USA ©1988-2016 ACORD CORPO 4A*404 ACORD 26 (2016103) The ACORD name and logo are registered marks ofACORD ' Risk Management Analyst AGENCY CUSTOMER ID: 570000088495 AG' RO�O® LOC #: ADDITIONAL REMARKS SCHEDULE AGENCY Aon Risk services Northeast, Inc. POLICY NVMBER see Certificate Numbe 570090547909 CARRIER See Certificate Numbe 570090547909 CODE NAME. INEJNED Greyhound Lines, Inc. EFFECTIVE DATE Pa— -F THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC # I NS L RER INSURER INSERER INSURER ADDITIONAL POLICIES Ifa policy beloNv does not include l lmit information, reter to the corresponding policy Din the ACORD certificate Form for policy limits. rvsa ITN T}PE IIF IIYSf12iYCE Is. IDS. WV \440 POLICY YL31BlN roLlo' EFFECTIVE U VIE POUCY E\P10.ATIOY O\TE LH,lI/D.A I111 FOOTS WORKERS COMPENSATION C N/A wc65885826 CA 10/21/2021 04/01/2022 FWNU IUI ILVUtl/Ul) The ACORD name and logo are registered mains of ACORD ©zaoeA £ Rick M-1119-mtDhiaWt y' REV IEWED & AfePROVEI C f 4NY,vI.0 Z V:��ic441 Risk Management Ani POLICY NUMBER: 654-72-01 COMMERCIAL GENERAL LIABILITY CG 20 26 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizationis): Any person or organization whom you become obligated to include as an additional Insured as a result of any contract or agreement you have entered into. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for 'bodily injury", "property damage" or "personal and advertising injury' caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 26 12 19 *insurance Services Office. Inc.. 2018 RWeMtl)hie(a. RFnEWEo6APPR&APPRW®1T/: Risk Management Matysl WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which A is attached effective on inception date of the policy unless a different date is indicated below. This endorsement, effective 12:01 AM 10/21/2021 Issued to GREYHOUND L I NES , I NC By A I U INSURANCE COMPANY forms a part of Policy No. WC 065-88-5824 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE ENTERED INTO A CONTRACT, A CONDITION OF WHICH REQUIRES YOU TO OBTAIN THIS WAIVER FROM US. THIS ENDORSEMENT DOES NOT APPLY TO BENEFITS OR DAMAGES PAID OR CLAIMED: 1. PURSUANT TO THE WORKERS' COMPENSATION OR EMPLOYERS' LIABILITY LAWS OF KENTUCKY, NEW HAMPSHIRE, OR NEW JERSEY; OR, 2. BECAUSE OF INJURY OCCURRING BEFORE YOU ENTERED INTO SUCH A CONTRACT. This form is not applicable in Kansas for private construction contracts as defined in K.S.A. 16-1801 through K.S.A 16-1807 or public construction contracts as defined in K.S.A. 16-1901 through 16-1908, except where permitted by statute or other applicable law, such as for use in wrap-up insurance programs. Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. This form is not applicable in California, Kentucky, New Hampshire, New Jersey, Texas, or Utah. WC 00 03 13 (Ed. 04/84) Countersigned by �=Ew RWe Nivage r"d Divlelun REVIEV/m &pAPPROV2D BY. Risk Management Malyst ENDORSEMENT This endorsement, effective 12:01 A.M. 10/21/2021 forms a part of policy No. 654-72-01 issued to GREYHOUND LINES, INC by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - PRIMARY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Section IV, Commercial General Liability Conditions, paragraph 4., Other Insurance, subparagraph a. Primary Insurance, is amended by the addition of the following: However, coverage under this policy afforded to an additional insured will apply as primary insurance where required by contract, and any other insurance issued to such additional insured shall apply as excess and noncontributory insurance. 74434 (10199) Authorized Repre wckMmugmlatDWm Countersi nature REmeE &APPRO sr Applicable Fn.c.N,:n.e )z m".1 �= � Ruk Management Malpt