Item 24 - Site License and Lease Agreements with Pacific Shuttles, Inc.

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EXHIBIT 1 LICENSE AGREEMENT BY AND BETWEEN THE CITY OF SANTA ANA PACIFIC COAST SHUTTLES, INC. DBA FUTURA NET FOR USE OF THE SANTA ANA REGIONAL TRANSPORTATION CENTER FACILITIES This LICENSE AGREEMENT ("Agreement") by and between the City of Santa Ana, a municipal corporation of the State of California ("City") and Pacific Coast Shuttles, Inc. dba Futura Net, a California Corporation (Referred to as "Licensee") is dated as of September 7, 2021 ("Effective Date"). Licensee and City are sometimes individually referred to as "Party" and collectively as "Parties." RECITALS A. Licensee is a provider of interstate bus transportation services throughout the Western United States as well as international travel to various destinations throughout Mexico. B. Licensee desires the use of and access to the Santa Ana Regional Transportation Center Facilities ("SARTC" or "Facilities"), located at 1000 East Santa Ana Boulevard in the City of Santa Ana, for a bus stop for the purpose of drop off and pick up of its Invitees (defined below) that 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. AGREEMENTS NOW, THEREFORE, in consideration of the above recitals and the mutual covenants hereinafter contained and for good and valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as follows: 1. TERMS 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). - THE BUS BAY SUBJECT TO THIS LICENSE IS BUS BAY #8 ("License Area"). For a description of License Area see Exhibit A attached hereto and incorporated herein by reference. The parties understand that the City may unilaterally reassign the License for Bus Bay #8 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. 1.2 Term, Grant of License, Terms of License, Term. City hereby grants to Licensee a non-exclusive license ("License"), during the term of this Agreement, for vehicular and pedestrian ingress to and egress from the Facilities and vehicular and pedestrian use of the Facilities for its regularly scheduled passenger service. Licensee shall offer patrons the ability to pay in cash or by credit card. THIS AGREEMENT IS INTENDED AND SHALL BE CONSTRUED ONLY AS A REVOCABLE LICENSE TO USE THE LICENSE AREA AND NOT AS A LEASE OR GRANT OF ANY POSSESSORY OR OTHER INTEREST. At all times, Licensee is required to fully and adequately meet the requirements presented in Licensee's proposal, which is attached hereto as Exhibit B and incorporated herein by reference. The Parties understand that the Licensee is not authorized to begin business operations until the conditions in Section 1.5 of this Agreement have been fully complied with by Licensee. 1.3 Term. This Agreement shall expire in six (6) months from the Effective Date with the option for the City to grant up to four (4) one (1) year renewals, exercisable by a writing by the City Manager and the City