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25H - AGMT - OCTA SARTC
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25H - AGMT - OCTA SARTC
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Last modified
5/23/2019 2:20:26 PM
Creation date
4/28/2016 3:10:33 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25H
Date
5/3/2016
Destruction Year
2021
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FIRST AMENDMENT TO SITE LICENSE AGREEMENT BETWEEN THE <br />CITY OF SANTA ANA AND ORANGE COUNTY TRANSPORTATION AUTHORITY <br />THIS FIRST AMENDMENT TO SITE LICENSE AGREEMENT BETWEEN THE CITY OF <br />SANTA ANA AND ORANGE COUNTY TRANSPORTATION AUTHORITY ("License Agreement") is <br />made and entered into this 3rd day of May, 2016, by and between the above -referenced parties. <br />RECITALS <br />A. On June 1, 2009, the City of Santa Ana ("Licensor") entered into Agreement #N-2009-046 with <br />the Orange County Transportation Authority ("Licensee") for the purpose of licensing bus bays <br />1, 2, 3, and 10 to Licensee at the City -owned Santa Ana Regional Transportation Center <br />(`SARTC"), which is also known as "The Depot". <br />B. The original term of the License Agreement was 5 years, from June 1, 2009 through May 31, <br />2014, with 5 one-year extension options to be granted at Licensor's sole discretion. <br />C. Through such options, the Agreement remains in effect through May 31, 2016 and is subject to <br />three remaining one-year options at Licensor's sole discretion. <br />D. The parties now wish to amend the Agreement to include a fifth bus bay to the "License Area" <br />that is defined in the License Agreement by reference to Exhibit B to the License Agreement. <br />The Parties therefore agree: <br />The original Exhibit B to the License Agreement shall be superseded in its entirety by the Site <br />Plan that is attached to this First Amendment bearing the same exhibit title and depicting bus <br />bays 1, 2, 3, 9, and 10. All references to the "License Area" shall mean the new Site Plan and <br />more specifically these five numbered bus bays. There is no Exhibit A to this First <br />Amendment. <br />2. Section 1.03(a), Consideration/Maintenance Fee, is amended to read in its entirety: <br />"Licensee shall pay to Licensor an annual Maintenance Fee for the maintenance and upkeep of <br />the License Area in the amount of Two Thousand Two Hundred Eighty -Two Dollars <br />($2,282,00) payable effective June 1, 2016, and thereafter, in its entirety on June 1" of each year <br />of this Agreement. Licensee may choose to pay said Maintenance Fee on a monthly basis with <br />payments in the amount of $190.17 per month. Payments will be due upon execution of this <br />First Amendment and thereafter on or before the 10°i of each month, payable to "The City of <br />Santa Ana" and remitted to: The Depot at Santa Ana, 1000 East Santa Ana Blvd, Suite 108, <br />Santa Ana, CA 92701. A late charge of ten percent (10%) shall be applied after any payment <br />hereunder is due but unpaid." <br />3. Except as modified by this First Amendment, the terms and conditions of the License <br />Agreement remain unchanged and in full force and effect. <br />Exhibit 2 <br />Page I of 2 <br />25H-19 <br />
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