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HomeMy WebLinkAbout1980-122 E I RESOLUTION NO. 2 j; RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE !, RATIFICATION AND EXECUTION OF AN ASSIGNMENT OF TRANSIT AGREEMENT 3 'l WITH YELLOW CHECKER LEASING, INC. TO OMNITRANS, A JOINT POWERS j! AUTHORITY, RELATING TO DIAL-A-RIDE SERVICE; AND REPEALING 4 RESOLUTION NO. 80-96 . is 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The execution by the Mayor of the City of San 7 8 i Bernardino on behalf of said City of an Assignment of Transit Agreement with Yellow Checker Leasing, Inc. to Omnitrans, a Joint 9 Powers Authority, relating to Dial-A-Ride service, a copy of which !! 10 its attached hereto, marked Exhibit "A" and incorporated herein by 11 !Preference as fully as though set forth at length, is hereby j 12 ! ratified. 1� SECTION 2 . Resolution No. 80-96 is hereby repealed. 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San i7 Bernardino at a meeting thereof, held on the _�7 day of 1980 , by the following vote, to wit: AYES: Councilmen 2 NAYS: wivi 23 ABSENT: !! E i 24 ! ,G 25 —� City Clerk The foregoing resolution is hereby approv is dayj a of � LL—_, 19 8 0 . 2 ; Appr as to form: a o rtlre("Ci y of 9&n Bernardino ity At orney 1 ASSIGNMENT OF TRANSIT AGREEMENT 2 3 WHEREAS, the CITY OF SAN BERNARDINO and YELLOW CHECKER 4 LEASING, INC. , a California Corporation, entered into a Dial- s A-Ride Transit Agreement for the term of March 1, 1980 through 6 June 30, 1981, a copy of which is attached hereto as Exhibit 7 "I" and incorporated herein by reference as fully as though 8 set forth at length herein; and 9 WHEREAS, the CITY OF SAN BERNARDINO desires to assign it 10 interest in said agreement to OMNITRANS, a joint powers au- 11 thority; and 12 WHEREAS, OMNITRANS, a joint powers authority, is willing 13 to accept the assignment of said agreement; and 14 WHEREAS, YELLOW CHECKER LEASING, INC. , consents to said F 15 assignment. 16 NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 17 1. The CITY OF SAN BERNARDINO, EFFECTIVE 18 1980, hereby assigns all its right, title, in- 19 terest, duties, obligations, responsibilities and authority 20 in the aforesaid transit agreement to OMNITRANS, a joint powers 21 authority. 22 2. OMNITRANS, a joint powers authority, hereby accepts 23 the aforesaid assignment. However, it is understood that the 24 City of San Bernardino retains the right to determine the levels 25 of service to be performed, and that there will be no termina- 26 tion of this agreement without the written concurrence of the 27 City. 28 3 . YELLOW CHECKER LEASING, INC. , hereby consents to the aforesaid assignment to OMNITRANS, a joint powers authority, ,i • I and hereby agrees to fulfill all its duties, obligations and 2 responsibilities according to the terms and conditions set 3 forth in said assigned transit agreement. 4 IN WITNESS WHEREOF, the parties have executed this docu- 5 ment this day of 1980. 6 OMNITRANS, a joint powers authority 7 8 By: 9 Chairman, Board of Directors 10 ATTEST: CITY OF SAN BERNARD 11 � 12 13 City Clerk MAY 14 YELLOW CHECKER LEASING, INC. 15 16 By: 17 Title: PRESIDENT 18 19 App a as to form: 20 21 City Atbbrney 22 23 Ronald D. Reitz, 24 Counsel for Omnitrans 25 26 27 28 2 -