Agenda Packet_2022-01-18 - Laserfiche WebLink

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1.4 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 other than for the purposes specified herein. The term "Agents" shall mean Licensee's 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. The Invitees shall have access,during normal operating hours,to the Licensed Area by way of the common areas of SARTC. Notwithstanding the foregoing, the public and Licensee's Invitees shall not block any paths in ingress or egress or the permitted areas of any other licensee or tenant of SARTC. 1.5 CityApproval of Licensee's Buses. Licensee 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) An annual list of all licensed drivers who may operate the buses, provided that Licensee may utilize drivers not identified on the list in case of unavailability so long as all substitute drivers have all applicable licenses and qualifications and the names and qualifications of the substitute drivers are provided to the City within fourteen (14)days. In the event such information is the subject of a request under the California Public Records Act, City will refrain from disclosing personal contact or other information that may be private,but only to the extent permissible under the Act and its interpreting authorities. Additionally, Licensee shall ensure that use of the Bus Bays shall be by clearly marked buses identifying the Licensee company name and USDOT number. Licensee agrees that it will provide the City with a list of buses that will use Bus Bays #5 and #6 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 by Licensee or Licensee's failure to have the required authorizations from USDOT and FMCA,or any other applicable government or regulatory body, shall constitute a breach of this Agreement and will result in immediate termination thereof. 1.6 Compensation. As consideration for its use of the License Area and related Facilities,Licensee agrees to pay a monthly fee of Three Thousand Dollars ($3,000.00)per month for the first six months from the Effective Date of this Agreement. Effective August 1,2022,the monthly fee shall be increased to Five Thousand Four Hundred Ninety Eight Dollars($5,498)for the remainder of the Term,including any extension periods exercised under Section 5. Such payment shall be made payable to the City of Santa Ana,in advance for each month, and at the following address: 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(10%) shall be 2 City Council 12 — 5 1/18/2022