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<br />. <br /> <br />INSURANC NO! l~l~UIRm <br />we K M~Y PROC~EO <br />(;1 RK OF COUNCIL <br />DATE, 3- JJ-o~ <br /> <br />ORIGINAL <br /> <br />A-2006-027 <br />1/6/06 DO NOT RECORD <br /> <br />SITE LICENSE AGREEMENT <br /> <br />BETWEEN <br /> <br />THE CITY OF SANTA ANA <br /> <br />AND <br /> <br />NATIONAL RAILROAD PASSENGER CORPORATION <br /> <br />THIS LICENSE AGREEMENT ("Agreement") is made and entered into this 30th day of <br />June, 2005, by and between the City of Santa Ana, a charter city and municipal <br />corporation, duly organized and exiting under the constitution and laws ofthe State of <br />California, herein referred to as "Licensor", and National Railroad Passenger <br />Corporation, herein referred to as "Licensee". <br /> <br />RECITALS: <br /> <br />A. The City of Santa Ana desires to provide passenger train transportation services at <br />The Depot at Santa Ana, and desires to contract for such services with Licensee. <br /> <br />B. Licensee represents that it is qualified to provide such services to City. In <br />undertaking the performance of this Agreement, Licensee represents that it is <br />knowledgeable in its field and that any service performed under this Agreement <br />will be performed in compliance with all applicable standards ofInterstate <br />Commerce Commission and United States Department of Transportation and <br />include all required City, County, and State licenses, as applicable for Licensee. <br /> <br />NOW THEREFORE, in consideration of the respective and mutual covenants and <br />promises hereinafter contained and made, and subject to all terms and conditions hereof, <br />the parties hereto agree as follows: <br /> <br />ARTICLE 1 - TERM OF LICENSE <br /> <br />Section 1.01 License Area and Use <br /> <br />(a) Licensor owns the real property described in Exhibit "A" attached hereto <br />and made a part hereof (the "Property"), commonly know as The Depot at <br />Santa Ana located at 1000 East Santa Ana Boulevard, Santa Ana, <br />California. Licensor grants to Licensee the privilege of a personal, non- <br />exclusive, revocable license ("License") to encroach upon the "License <br />Area", as herein described and shown in general in Exhibit "B", attached <br />hereto and incorporated herein by reference, ("License Area") for the <br />purpose of accommodating a train transportation Company including its <br />business operations and for no other purpose. <br /> <br />(b) The right and permission of Licensee is subordinate to the prior and <br />paramount right of Licensor to use the Property in its entirety for public <br />