HomeMy WebLinkAboutPACIFIC COAST SHUTTLES DBA FUTURA BUS NET, INC. (2)INSURANCE ON FILE A-2023-179
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES
CGi W A-X
CITY CLERK
DATE: NOy 17 2023
p• P yJ 14 C I LEASE AGREEMENT BY AND BETWEEN THE CITY OF SANTA ANA AND PACIFIC
C(I 1(� COAST SHUTTLES, LLC DBA FUTURA BUS NET, INC. FOR USE OF THE SANTA ANA
REGIONAL TRANSPORTATION CENTER FACILITIES
THIS LEASE AGREEMENT (the "Lease") is dated as of October 17, 2023, by and between the
City of Santa Ana, a Municipal Corporation ("Landlord" or "City"), and Pacific Coast Shuttles, LLC, a
California limited liability company dba Futura Bus Net, Inc., a California Corporation ("Tenant"). City
and Tenant are sometimes individually referred to as "Party" and collectively as "Parties".
1. EXHIBITS: The following exhibits are attached hereto and incorporated herein by
reference:
Exhibit "A" The Premises
Exhibit "B": License Agreement — Bus Bay # 8
Exhibit "C" Additional Lease Conditions
2. PREMISES: Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord,
upon the terms, covenants and subject to the conditions set forth herein, a portion of the property located at
1000 East Santa Ana Boulevard in the City of Santa Ana, commonly known as the Santa Ana Regional
Transportation Center (SARTC). Specifically, Tenant will be leasing the portion identified as Suite 105B,
consisting of approximately 580 square feet of interior office space, for the purpose of selling tickets to
patrons in order to utilize the Tenant's services (hereinafter referred to as the "PREMISES"). The
PREMISES are more particularly described in Exhibit "A" attached hereto and incorporated herein by
reference. The Landlord reserves the right to reconfigure the lease space or relocate the Tenant within
SARTC by providing Tenant with a 30-day notice of such reconfiguration or relocation.
3. COMMENCEMENT OF TERM: The term of this Lease shall begin on November 1, 2023
for a period of six (6) months, unless sooner terminated or extended as provided herein. If, at the sole
determination of the City, the Tenant has not fully complied with Section 1.5 of Exhibit "B" attached
hereto and incorporated herein by reference, any rights granted to the Tenant under this Lease shall
terminate, and this Lease Agreement shall be automatically terminated as of that date without any further
action by the City.
Tenant acknowledges that a condition precedent to occupancy of the Premises is the following:
At all times, Tenant shall provide the Landlord with documentation listing for each and every bus
providing services at the SARTC in accordance with the terms and conditions outlined Section 1.5 of
Exhibit "B". Notwithstanding Section 20 of this Agreement, Tenant's failure to abide by Section 1.5 of
Exhibit "B" constitutes a breach and will result in the immediate termination of this Lease Agreement.
4. ADDITIONAL LEASE CONDITIONS: Tenant acknowledges that this lease is subject to
compliance with the additional lease conditions attached hereto as Exhibit "C" attached hereto and
incorporated herein by reference. These additional lease conditions are a material part of this lease
agreement and any default of these conditions will be deemed a major breach and will subject this lease to
immediate termination.
5. EXTENSION PERIODS: Landlord shall have the right, but not the obligation, to provide Tenant the
option to extend the Term for four (4) separate consecutive additional periods of one (1) year
each on the same terms and conditions as set forth in this Lease. Each option shall be agreed to in writing
by the City Manager and Tenant prior to the expiration of the Term or any Extension Period then in effect.
6. RENT: Upon the Commencement Date, if any, (a) Tenant shall pay to Landlord, as rent
("Rent"), throughout the Term, the monthly sum of One Thousand Five Hundred Dollars ($1,500.00) in
advance, on the 1 st day of each calendar month and continuing through the life of the Term. Tenant shall
commence the payment of Rent and other charges payable pursuant to this Lease on the Commencement
Date. All payments of Rent and other sums due to Landlord hereunder shall be made 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 OFTEN PERCENT (10%) SHALL BE APPLIED TO ANY PAYMENT
HEREUNDER DUE BUT UNPAID AFTER THE 1 OTn OF THE MONTH. Landlord and Tenant hereby
agree that Rent for any Extension Period, if the option for such is exercised, shall be subject to a CPI
adjustment annually on the anniversary of the Effective Date of this Agreement.
7. HOLDOVER Tenant has no right to retain possession of the Premises or any partthereof
beyond the expiration or termination of this Lease. In the event that Tenant holds over, then the Rent shall
be increased to 150% of the Rent applicable immediately preceding the expiration or termination. Nothing
contained herein shall be construed as consent by Landlord to any holding over by Tenant. Any holding
over by Tenant of the Premises after the expiration or termination of this Lease shall operate and be
construed as a tenancy from month to month on all terms of this Lease, terminable by either party upon
thirty (30) days prior written notice to the other.
8. LANDLORD'S TITLE: (a) Landlord hereby covenants, represents and warrants to Tenant
that Landlord has fee simple title to the Premises and has the full right and lawful authority to make this
Lease. Notwithstanding anything contained herein to the contrary, if there are any liens, security interests,
restrictions, leases, encumbrances, encroachments, laws, ordinances, governmental rules or regulations,
title restrictions, zoning, endangered species or any other matters which in fact interfere with Tenant's use
of the Premises, then Tenant may terminate this Lease without owing any liability to Landlord. Landlord
covenants that so long as Tenant is not in monetary default hereunder, Tenant shall have quiet and peaceful
possession and enjoyment of the Premises, all improvements located thereon and of all easements, rights
and appurtenances thereunto belonging.
9. DELIVERY OF POSSESSION UPON TERMINATION OR EXPIRATION OF TERM:
Tenant agrees to deliver to Landlord physical possession of the Premises upon the termination or expiration
of this Lease in good condition excepting, however, ordinary wear and tear, damage by fire or any other
casualty, or damage from any other cause urdess such other cause is attributable to the negligence of Tenant.
10. ASSIGNMENT AND SUBLETTING: Tenant may not assign this Lease or sublet the
Premises or any part thereof without the prior written consent of Landlord.
it. TENANT'S REPAIRS, ALTERATIONS, FIXTURES: Except for reasonable wear and
tear, Landlord agrees at Landlord's expense to (1) construct a wall to separate Suite 105B from the
remainder of the Premises such that Suite 105B is a standalone suite, (2) provide general building
maintenance, and (3) maintain in good repair the foundation, retaining walls and structural soundness of
the Premises. Landlord agrees to keep the Premises in good repair, including the plumbing, electrical
wiring, air-conditioning and heating equipment. Subject to Landlord approval, Tenant may make and pay
for any renovations, alterations and improvements to the Premises as Tenant deems desirable and Tenant
agrees that all such alterations and improvements shall be made in a good and workmanlike manner and in
such fashion as not to diminish the value of the building, and that no such alterations shall compromise the
structural integrity of the Premises. All improvements, additions, alterations, and repairs shall be in
accordance with applicable laws and at Tenant's own expense. Tenant shall indemnify and defend Landlord
for all liens, claims, or damages caused by remodeling, improvements, additions, alterations, and major
repairs made by Tenant. It shall be Tenant's 's duty to keep the Premises free and clear of all liens, claims,
and demands for work performed, materials furnished, or operations conducted on the Premises at the
request of Tenant. On surrendering possession of the Premises to Landlord at the expiration or sooner
termination of this Lease or any Extension Period, Tenant shall be required to return the premises in the
same condition upon commencement of lease except for normal wear and tear.
Tenant may paint the interior of the Premises and may also paint, erect or authorize the
installation of "temporary signs" in accordance with a signage plan that is pre -approved by the Landlord.
Landlord shall not install or maintain, or permit anyone other than Tenant to install or maintain, any signs
on any part of the Premises or within the air space above the Premises during the Term or any Extension
Period of this Lease.
12. COMPLIANCE WITH LAWS: Tenant shall make and pay for nonstructural
improvements and alterations to comply with all applicable laws, rules, regulations and ordinances of any
and all applicable governmental entities (the "Governmental Laws") applying to the physical condition of
the premises arising from Tenant's conduct of business. TENANT ACKNOWLEDGES THAT THE
PREMISES HAS NOT UNDERGONE AN INSPECTION BY A CERTIFIED ACCESS SPECIALIST
(GASP).
13. Intentionally Omitted,
14. ESTOPPEL CERTIFICATES: Landlord and Tenant shall, from time to time upon thirty
(30) days' request by the other (but not to exceed more than three (3) times in any given calendar year),
execute, acknowledge and deliver a statement, dated currently, certifying that this Lease is unmodified and
in frill, force and effect (or, if there have been modifications, that this Lease is in full effect as modified,
and identifying such modifications) and the dates to which the Rent have been paid, and that no default
exists in the observance of this Lease and no event of default has occurred and is continuing, or specifying
each such default or event of default of which Landlord or Tenant may have knowledge, it being intended
that any such statement may be relied upon by Landlord's or Tenant's Mortgagees, any prospective
purchaser of the interest of Landlord or Tenant in their respective premises described herein.
15. INSURANCE:
Certificate Holder must be addressed as follows:
City of Santa Ana
Risk Management Division
20 Civic Center Plaza
Santa Ana, CA 92702
Tenant shall procure and maintain for the duration of the contract insurance against claims forinjuries to
persons or damages to property which may arise from or in connection with the performance of the work
hereunder and the results of that work by the Tenant, his agents, representatives, employees or
subcontractors.
t
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering
CGL on an "occurrence" basis, including products and completed operations, property damage, bodily
injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a
general aggregate limit applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required
occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering any auto (Code
1), or if Tenant has no owned autos, hired (Code 8) and non -owned (Code 9) autos, with limit no less
than $1,500,000 per accident for bodily injury and property damage.
3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and
Employers' Liability insurance wither limit of no less than $1,000,000 per accident for bodily injury or
disease.
If the Tenant maintains broader coverage and/or higher limits than the minimums shown above, the City
requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Tenant.
Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage
shall be available to the City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the
CGL policy with respect to liability arising out of work or operations performed by or on behalf of the
Tenant including materials, parts, or equipment furnished in connectionwith such work or operations.
General liability coverage can be provided in the form of an endorsement to the Tenant's insurance (at least
as broad as ISO Form CG 20 10 1185 or if notavailable, through the addition of both CG 20 10, CG 20 26,
CG 20 33, or CG 20 38; and CG 2037 if a later edition is used).
Primary Coverage
For any claims related to this contract, the Tenant's insurance coverage shall be primary coverage at least
as broad as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, and volunteers. Any
insurance or self-insurance maintained by the City, its officers,officials, employees, or volunteers shall be
excess of the Tenant's insurance and shall not contribute with it.
Notice of'Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice
to the City.
Waiver of Subrogation
Tenant hereby grants to City a waiver of any right to subrogation which any insurer of said Tenant may
acquire against the City by virtue of the payment of any loss under such insurance. Tenant agrees to obtain
any endorsement that may be necessary to affect this waiverof subrogation, but this provision applies
regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Self -Insured Retentions
Self -insured retentions must be declared to and approved by the City. The City may require theTenant to
purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations,
claim administration, and defense expenses within the retention. The policy language shall provide, or be
endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City.
Acceptability oflnsurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M.
Best's rating of no less than A: VII, unless otherwise acceptable to the City.
Verification of Coverage
Tenant shall furnish the City with original Certificates of Insurance including all required amendatory
endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a
copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City
before work begins. However, failure to obtain the required documents prior to the work beginning shal I not
waive the Tenant's obligation to provide them.
The City reserves the right to require complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior
experience, insurer, coverage, or other special circumstances.
16. DAMAGE BY CASUALTY:
i. In the event of a fire or other casualty in the Premises, Tenant shall immediately
give notice thereof to Landlord.
ii. If the Premises, through no fault of Tenant, its agents, employees, invitees, or
visitors, shall be partially destroyed by fire or other casualty so as to render the
Premises untenantable as reasonably determined by Landlord, Rent shall abate in
proportion to the percentage of square footage of the Premises rendered unusable
until such time as the Premises are made tenantable as reasonably determined by
Landlord.
iii. Except where Landlord is not obligated to repair or rebuild the Building or the
Premises, Landlord will use due diligence to repair the same (except that Landlord
will have no obligation to repair or replace any alteration, addition, or
improvements to the Premises other than the Tenant Improvements installed at
Landlord's expense which will be repaired only to the level of Building Standard
Improvements).
iv. In the event of (i) the total destruction of the Premises, (ii) the partial destruction
of the Premises or the Building where the same is so damaged that it carrot, in
Landlord's reasonable opinion, be repaired within ninety (90) days of the
occurrence of such damage, or (iii) damage or destruction as a result of any
casualty for which insurance proceeds are not available to pay 100% of the cost
of repair or rebuilding, Landlord will have no obligation to repair or rebuild the
Premises or the Building. Landlord will make its determination whether to repair
or rebuild within ninety (90) days of the occurrence of such damage or destruction.
Upon notification to Tenant of Landlord's decision not to repair or rebuild, this
Lease shall terminate.
17. EMINENT DOMAIN: (a) If (i) all or part of the Premises, the building located thereon,
or (ii) so much of any rights in the Premises or the building located thereon shall be taken or appropriated
under any right of eminent domain or under any other legal right whereby the taking authority is obligated
to compensate Landlord therefor so that there does not remain premises suitable in the sole opinion of
Tenant for the operation of its business, then Tenant may terminate and cancel this Lease without owing
any liability to Landlord as of the date on which the condemning authority takes physical possession upon
giving to Landlord written notice of such election. Landlord agrees immediately within ten (10) days after
any notice of intended or actual taking or appropriation to give Tenant written notice thereof, providing to
Tenant full details of such taking or appropriation, including, without limitation copies of all condemnation
plans or surveys submitted by the condemning authority, a statement of the nature of the project to be
conducted by the condemning authority, and such other information as might be necessary to enable Tenant
to determine its future course of conduct TENANT ACKNOWLEDGES THAT LANDLORD'S
EXERCISE OF ITS RIGHT TO TERMINATE THIS LEASE UNDER ANY OF THE PROVISIONS
OF THIS LEASE SHALL NOT ENTITLE TENANT TO ANY RIGHTS OR CLAIMS FOR
RELOCATION BENEFITS OR ANY OTHER CLAIMS RELATED TO CONDEMNATION OR
INVERSE CONDEMNATION.
(b) If this Lease shall be terminated and canceled as a result of any taking or
appropriation, Tenant shall be released from any further liability and Rent and other sums
for the last month of Tenant's occupancy shall be prorated and Landlord shall
immediately refund to Tenant any sums paid in advance.
(c) Tenant reserves unto itself the right to prosecute Tenant's claim for an
award for damages for the termination of this Lease caused by such appropriation or taking,
together with damages based on the value of Tenant's improvements and Tenant's fixtures and
other personal property erected or installed on the Premises and damages Tenant may sustain to
the interest in the business operated by Tenant on the Premises, including, but not limited to,
goodwill, patronage, and the removal, relocation, and replacement costs and expenses caused by
such appropriation or taking, and Tenant may file such claims as are permitted by law for the loss
of its leasehold interest, business dislocation damages, moving expense, or other damages caused
by such taking or appropriation. Tenant's right to receive compensation or damages for its
fixtures or its personal property shall not be affected in any manner by this Lease.
18. LIENS: Tenant shall promptly remove and discharge, at its cost and expense, all
mechanic's liens, or other liens, for labor performed or materials furnished with respect to the Premises by
or for Tenant.
19. PARKING AREA: Tenant acknowledges that Landlord has entered into an agreement
with the Orange County Transportation Authority for the operations of the OC Streetcar at SARTC, which
is under construction. Such operations may affect the number of parking spaces available at any one time,
though it is not possible to determine the precise effect at the time of this Lease. Surface Parking Lots 1
and 2 allow up to 72-hour parking. Landlord will provide parking passes to identify all Tenant vehicles
parked at SARTC at no cost to Tenant. If the parking structure at SARTC is full, Tenant and Tenant's
agents, employees, customers and invitees must use the surface lots at SARTC.
6
20. TENANT'S DEFAULT: (a) If Tenant shall default in payment of Rent, when due, Landlord
shall forward written notice, pursuant to Section 22, of such default to Tenant, and the failure of Tenant to
cure such default within three (3) days after the date of receipt of such notice shall, at the option of Landlord,
cause the termination of this Lease.
(b) If Tenant shall default in the performance of any other terms or provisions of this
Lease, and if Landlord shall give to Tenant written notice, pursuant to Section 22, of such default, and if
Tenant shall fail to cure such default within thirty (30) days after receipt of such notice, Landlord at its
option, shall cause the termination of this Lease immediately.
21. HAZARDOUS SUBSTANCES: (a) As used herein, the term "Hazardous Substances"
shall mean, without limitation, any substance that is biologically or chemically active or any hazardous,
toxic, or dangerous waste, substance (including, but not limited to, lead -based paint, asbestos or petroleum
derivative substances), or material defined as such in (or for purposes of) (i) any state, federal or local
environmental laws, interpretive letters, regulations, decrees or ordinances, (ii) the Comprehensive
Environmental Response, Compensation and Liability Act, as amended, (iii) the Resource Conservation
and Recovery Act, (iv) any of the state or local "Super Fund", "Super Lien" or "Cleanup Lien" laws or (v)
any other federal, state or local statute, law, ordinance, code, rule, interpretive letter, regulation, order or
decree regulating, relating to or imposing liability or standards of conduct concerning any such substances
or materials or any amendments or successor statutes with respect to any of the foregoing.
(b) During the Term of this Lease, Tenant represents and warrants that no Hazardous
Substances will be stored on the Premises and no Hazardous Substances will be discharged on the Premises
by Tenant. Tenant agrees that such representations and warranties shall survive any termination of this
Lease, and Tenant agrees to indemnify and hold harmless Landlord from any and all costs, expenses, claims
and damages, including, but not limited to, attorneys' fees and costs of remediation, arising from Tenant's
breach of any of the representations and warranties contained in this Section.
22. NOTICE: All notices or demands required or permitted to be given or served pursuant to
this Lease shall be deemed to have been given or served only if in writing, postage and/or delivery fees pre-
paid and shall be sent by U.S.P.S. Certified. Mail, Return Receipt Requested or via an overnight (or 2-day)
delivery service maintaining a record of delivery (e.g. FedEx or UPS), which notices and demands shall be
deemed served when delivered (or when delivery is first attempted and refused), and which notices and
demands shall be forwarded to the following addresses:
TO TENANT: TO CITY:
Futura Bus Net, Inc. Public Works Agency
4425 E. Olympic Blvd. City of Santa Ana
Los Angeles, CA 90023 20 Civic Center Plaza (M-22)
Santa Ana, California 92701
Attention: Executive Director of Public Works Agency
Such addresses may be changed from time to time by either party by serving notice as above provided.
23. USE: For the purposes of this Lease, Tenant's proposed initial intended use of the Premises
strictly for the purpose of selling tickets to patrons in order to utilize the Greyhound Transit Services.
24. The Tenant may at any time terminate the Lease by providing the City thirty (30) days
advance prior written notice in accordance with Section 22 of this Lease.
25. GENERAL PROVISIONS:
(a) This Lease (and the documents referred to herein) constitutes the entire agreement between
the parties pertaining to the lease of Suite 105B contained herein and supersedes any and all prior and
contemporaneous agreements, representations and understandings, oral or otherwise, between or among the
parties with respect to the matters contained herein.
(b) This Lease shall be binding upon, and inure to the benefit of, the parties hereto and their
respective heirs, legatees, distributes, legal representatives, successors and assigns.
(c) This Lease shall not be modified, amended or supplemented, in whole or part, without the
prior written consent of all parties hereto. Each and every waiver of any covenant, representation, warranty
or any other provision hereof must be in writing and signed by each party whose interests are adversely
affected by such waiver. No waiver granted in any one instance shall be construed as a continuing waiver
applicable in any other instance.
(d) If any legal action or other proceeding is brought for the enforcement hereof, or because of
an alleged dispute, breach, default or misrepresentation in connection with any provisions hereof, the
successful or prevailing party or parties shall be entitled to recover attorneys' fees, court costs and all
expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses
incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party
or parties may be entitled.
(e) The parties hereby agree that each party and its attorneys have reviewed and revised this
Lease and that the normal rule of construction, to the effect that any ambiguities are resolved against the
drafting party, shall not be employed in the interpretation of this Lease and no other rule of strict
construction shall be used against any party. All exhibits and schedules attached or to be attached hereto,
and all other agreements and instruments referred to herein, are hereby incorporated herein by reference, as
fully as if copied herein verbatim.
(f) This Lease shall be governed by the internal laws of the State of California without regard
to and excluding its principles of conflicts of laws.
(g) The parties further agree that upon request, they shall do such further acts and deeds, and
shall execute, acknowledge, deliver and record such other documents and instruments, as may be reasonably
necessary from time to time to evidence, confirm or carry out the intent and purposes of this Lease.
(h) Unless the context in which used clearly requires another construction, throughout this
Lease, the masculine gender shall be deemed to include the neuter of feminine or both, the neuter gender
shall include the masculine or both, and the singular of terms shall include the plural and vice versa. The
section headings are for convenience only and shall not affect the construction hereof.
G) If any one or more of the provisions hereof shall for any reason be held invalid, illegal or
unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the validity or
enforceability of any other provision hereof, which shall be construed as if such invalid, illegal or
unenforceable provision had never been contained herein. The parties intend that if any provision hereof is
capable of two constructions, one of which would render the provision void and the other of which would
render the provision valid, then the provision shall have the meaning which renders it valid.
N.
(j) Time is of the essence in the performance of each party's respective obligations.
(k) This Lease may be executed simultaneously in one or more counterparts, each of which
shall be deemed an original, but all of which taken together shall constitute one in the same instrument, and
it shall not be necessary that any single counterpart bear the signatures of all parties.
(1) Unless expressly stated to be exclusive, no remedy conferred herein shall be deemed to be
exclusive of any other remedy conferred herein or any other remedy now or hereafter available at law or
equity. All remedies conferred herein, and all remedies now or hereafter available at law or equity, shall
be deemed to be cumulative and not alternative, and may be enforced concurrently or successively.
(m) All provisions of this Lease shall be construed as covenants and agreements where used in
each separate provision hereof and shall bind and inure to the benefit of the parties hereto, their respective
heirs, legal representatives, successors and assigns.
(n) All periods of time shall include Saturdays, Sundays and legal holidays; provided that, if
the last day to perform any act or give notice falls on a Saturday, Sunday or legal holiday, then such act or
notice shall be timely performed if given on the next succeeding business day.
(o) Any holding over by Tenant of the Premises after the expiration or termination of this
Lease shall operate and be construed as a tenancy from month to month on all terms of this Lease,
terminable by either party upon thirty (30) days prior written notice to the other.
(p) Nothing contained in this Lease shall be deemed or construed by the parties hereto or by
any third party to create the relationship of principal and agent or of partnership or of joint venture or of
any association between Landlord and Tenant, and no provision contained in this Lease nor any acts of the
parties hereto shall be deemed to create any relationship between Landlord and Tenant other than the
relationship of landlord and tenant.
[This space intentionally left blank]
[Signature page to follow]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and
through their authorized otlicers the day, month and year first written above.
ATTEST:
Set er L I ll
Ci
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:
.lose Montoya
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
6�J kg4;.
Nabil Saba, P.E.
Public Works Agency
CITY OF SANTA ANA
Steven A. Mendoza
Acting City Manager
PACIFIC COAST SHUTTLES, LLC. DBA
FUTURA BUS NET, INC.
By: ri L (�6) 2Z
Title: Qp(7r�
EXHIBIT A
THE PREMISES
SARTC — Suite 105E
EXHIBIT A
(Premises)
11
EXHIBIT*
THE PREMISES
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EXHIBIT B
License Agreement Intentionally Omitted
EXHIBIT C
ADDITIONAL LEASE CONDITIONS
• Tenant will provide best -in -class local/regional transportation services to SARTC patrons.
• Tenant, at its expense, shall comply with all applicable federal, state, and local laws,
ordinances, regulations, rules, and orders with respect to the use of any permitted areas.
• Tenant shall maintain all vehicles in neat, clean, mechanically sound, and painted condition at
all times.
• Tenant shall adhere to a transit schedule and provide on -time pick-up and drop-off to SARTC
patrons.
• Tenant shall maintain all proper registration for its vehicles.
• Tenant shall maintain all proper insurance for its vehicles.
• Tenant must meet or exceed all governmental requirements regarding the inspection and
maintenance of its vehicles and provide a monthly log upon request.
• Tenant shall have a strong financial background with a multi -year successful operating history
and the resources to pay any fees promptly and in full.
• Tenant shall adhere to all rules and regulations regarding the flow of bus/shuttle traffic at
SARTC.
• Tenant shall work with SARTC management to ensure all safety protocols are strictly adhered
to.
• Tenant shall work with SARTC management to manage ridership during peak and high volume
hours.
• Tenant shall employ best -in -class drivers with all proper credentials necessary to operate a
bus/shuttle service.
• Tenant shall employee the appropriate security protocols to operate for the public good within
a facility of the scale and prominence of SARTC.
• Tenant shall receive payment from patrons via cash and/or debit/credit card.
• Selected Proposer must ensure their business name and DOT number is clearly identified on
all buses accessing SARTC. Buses with a business name and DOT number different from the
Proposer will not be allowed.
• Provide, if any, information regarding online ticket purchase capabilities for patrons.
Tenant must notify the City as soon as the Federal Motor Carrier Safety Administration
classifies high alert statuses of any reason.
NOTICE OF COMPLIANCE
CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL
Contractor Pacific Coast Shuttles, LLC
Name:
Project TBD (074)
Number:
Project Lease Agreement By And Between The City Of Santa Ana And
Name: Pacific Coast Shuttles, LLC DBA Futura Bus Net, Inc. For Use
Of The Santa Ana Regional Transportation Center Facilities
The Certificate of Insurance (COI) submitted indicates that the coverages are in
compliance with the insurance requirements. Please see upcoming expiration for
Automobile Liability.
The compliant coverage(s) are:
TYPE OF INSURANCE
AUTOMOBILE LIABILITY
GENERAL LIABILITY
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
Thank you,
City of Santa Ana
Risk Management Division
in partnership with
CTrax Plus Services Team
11/9/2023 3:55 PM
POLICY
EXPIRATION
FILE
COI DATE
NUMBER
DATE
NAME
PCS LLC
COI FOR
INSURED
5C22111035
11/18/2023 09/13/2023
UNITS
SANTA
ANA COI -
KL.pdf
Pacific Coast
CPS7829086
07/12/2024 10/30/2023
Shuttles LLC
COI
SARTC.pdf
A9WC460356 05/26/2024
PCS LLC
WORKERS
COMP - COI
09/13/2023 - CITY OF
SANTA
ANA-
AC.pdf