HomeMy WebLinkAboutINTERNATIONAL BUS LINES, INC-2017; 'ANCE NOT ON FILE A-2017-322
WORK MAY N& PROCEED
CLERK OF COUNCIL
DATE. -DEC 0 7 2017
®,> FIRST AMENDMENT TO LICENSE AGREEMENT BY AND BETWEEN THE
c� A L` J CITY OF SANTA ANA AND INTERNATIONAL BIDS LINES INC. FOR USE OF
B c r l THE SANTA ANA REGIONAL TRANSPORTATION CENTER FIE
ACILITS
cnako�vTHIS FIRST AMENDMENT to the above-reforenced agreement is entered into on December 6,
2017 by and between International Bus Lines, Inc. ("Licensee"), and the City of Santa Ana, a
charter city and municipal corporation organized and existing under the Constitution and laws of
the State of California ("City").
RECITALS
A, The parties entered into Agreement No. A-2017-260, dated October 3, 2017 ("License
Agreement"), by which City granted to Licensee a non-excfisive, revocable license for the use
of Bus Bay No. 4 at the Santa Ana Regional Transportation Center ("License Area") for
Licensee's passenger bus operations.
B. The License Agreement remains in effect through October 2, 2018, said is subject to extension
for up to four 1 -year periods.
C. Under the License Agreement, the monthly fee for use of the License Area is $3,000, subject
to CPI adjustment ("License Fee"), and shall not be due until the completion of all tenant
improvements made by Licensee to certain promises at SARTC that are the subject of the
separate lease agreement between City and Licensee No. A-2017-261, provided that the
payment of the first License Fee shall be due no later than 120 days following City's approval
of the License Agreement.
D. The parties now wish to amend the License Agreement so that the License Fee shall be due
and payable for all periods beginning December 6, 2017 and continuing through the term of
the License Agreement.
The narties therefore
1. Section 1.5, Compensation, is amended to read in its entirety as follows:
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
10th 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 often percent (10%) shall be applied
to any payment hereunder due but unpaid after the 10th 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 payment under this Section shall be due for
all periods beginning December 6, 2017 and continuing through the tern of this Agreement.
2. Except as modified by this First Amendment, all terms and conditions of the License
Agreement remain unchanged and in full force and effect.
__ signatures appear on following page --
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IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the License
Agreement the date and year first written above.
ATTEST
CITY OF SANTA ANA
MARIA D. HUIZAR RAUL GODIN II
Clerk of the Council City Manager
APPROVED AS TO FORM
SONIA R. CARVALHO, City Attorney
J -�—
BY. /. r�
JO4isn:Cr
AssAttorney
4RE cMME�NDED FOR APPROVAL
Fred Mousavipour, Execute Dir ctor
Public Works Agency
LICENSEE
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