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HomeMy WebLinkAboutAGENDA REPORT 1995 0104 CC REG ITEM 08C ITEM g• C • JA B L.ti . 6oz MOOR,,. . of i/ 7 ,,;5" ACTION:lil!f/Ne2fee/ AGENDA REPORT CITY OF MOORPARK By(' TO: Honorable City Council FROM: Mary K. Lindley, Assistant to the City Manager DATE: December 29, 1994 (CC Meeting of January 4) SUBJECT: Consider Approval of Agreements to Transfer Ownership of Bicycle Racks and Lockers to the City The City of Moorpark applied for and was granted CMAQ funds for the purchase and installation of bicycle racks and lockers. Since several cities requested funds for bicycle racks and lockers, the Ventura County Transportation Commission (VCTC) combined the requests and chose to administer the purchase and installation effort. Before the equipment is installed, VCTC requests that the City approve the attached agreements. The agreement transfers the ownership of the bike racks and lockers to the City upon installation. Along with the transfer of ownership, the City will also be responsible for maintaining the equipment. The equipment is being purchased and installed at no cost to the City. The City will be receiving eight bicycle lockers for the Metrolink Station and eight bicycle racks for Arroyo Vista Park. Recommendation Staff recommends that the City Council approve the attached agreements between the City and the Ventura County Transportation Commission to transfer ownership of bicycle racks and lockers to the City, pending final language changes approved by the City Manager, and authorize the Mayor to sign the agreements. 00060 AGREEMENT TO TRANSFER OWNERSHIP OF PERSONAL PROPERTY This AGREEMENT TO TRANSFER OWNERSHIP OF PERSONAL PROPERTY (hereinafter, the "Agreement) is entered into as of the 79 rb day of November , 1994 , by and between the Ventura County Transportation Commission, a county transportation commission organized pursuant to the laws of the State of California (hereinafter, "VCTC") and the City of Moorpark, [a general law city] organized pursuant to the laws of the State of California (hereinafter, [ "City" ] [or] ( "County" ] ) , on the following terms and conditions: RECITALS A. WHEREAS, VCTC is willing to acquire and install, or cause to be installed, bicycle lockers and or racks to be located at Arroyo Vista Community Center, Moorpark CA (hereinafter, the "Location") ; B. WHEREAS, City is willing to assume ownership, including all maintenance and liability associated with the use of the bicycle lockers and or racks installed by the VCTC at the Location; NOW, THEREFORE IT IS AGREED by and between VCTC and City as follows: 1. VCTC's Obligations. VCTC agrees to purchase and install 0 bicycle lockers and/or eight (8) racks (hereinafter, the "Equipment") at the Location at no cost to City. 2 . City's Obligation. City agrees to assume ownership, maintenance and jurisdiction over the use of the equipment at no cost to the VCTC. 00061 3 . City's Representative. The representative of the City responsible for the maintenance and use of the Equipment and for notice purposes shall be, unless notice is otherwise given to VCTC in writing by the City from time to time: Name: Mary Lindley Title: Address: 799 Moorpark Avenue Moorpark, CA 93021 Telephone: (805) 529-6864 4 . Notices to VCTC. All notices required to be given or sought to be given to VCTC pursuant to this Agreement shall be addressed as follows, or such other address as VCTC may designate in writing to the other party from time to time: Ventura County Transportation Commission 950 County Square Drive, Suite 207 Ventura, CA 93003 Attn: Steven DeGeorge, Transportation Planner 5. Notice Deemed Received. Notices given by personal delivery shall be deemed received when delivered, notices sent by United States mail, first class postage prepaid, shall be deemed received on the fifth (5th) day after the postmark appearing on the envelope containing such notice. 6 . Entire Agreement. This Agreement contains the entire agreement of the parties regarding the subject matter contained herein and no prior understanding - written or oral - between the parties shall be of any affect in construing this Agreement. 7. Each party to this Agreement represents to the other party that this Agreement has been executed on behalf by its authorized representative. 00062 WHEREFORE THE PARTIES HAVE EXECUTED THIS AGREEMENT as of the 29th day of November , 1994. VENTURA COUNTY TRANSPORTATION COMMISSION 237-'1-1e4)?&‘-di"- ' By: Print Name: Ginger Gherardi Print Title: Executive Director Attes / ' " Secretary of the Commission CITY OF MOORPARK By: Print Name: Print Title: Attest: [City Clerk] [or] [Clerk of the Board] 00063 AGREEMENT TO TRANSFER OWNERSHIP OF PERSONAL PROPERTY This AGREEMENT TO TRANSFER OWNERSHIP OF PERSONAL PROPERTY (hereinafter, the "Agreement) is entered into as of the 29th day of November , 1994, by and between the Ventura County Transportation Commission, a county transportation commission organized pursuant to the laws of the State of California (hereinafter, "VCTC" ) and the City of Moorpark, [a general law city] organized pursuant to the laws of the State of California (hereinafter, "City") , on the following terms and conditions: RECITALS A. WHEREAS, VCTC is willing to acquire and install, or cause to be installed, bicycle lockers and or racks to be located at Moorpark Metrolink Station, 500 High Street, Moorpark, CA (hereinafter, the "Location" ) ; B. WHEREAS, City is willing to assume ownership, including all maintenance and liability associated with the use of the bicycle lockers and or racks installed by the VCTC at the Location; NOW, THEREFORE IT IS AGREED by and between VCTC and City as follows: 1 . VCTC's Obligations. VCTC agrees to purchase and install eight (81 bicycle lockers and/or 0 racks (hereinafter, the "Equipment") at the Location at no cost to City. 2 . City's Obligations. City agrees to assume ownership, maintenance and jurisdiction over the use of the equipment at no cost to the VCTC. 00064 • 3 . City's Representative. The representative of the City responsible for the maintenance and use of the Equipment and for notice purposes shall be, unless notice is otherwise given to VCTC in writing by the City from time to time: Name: Mary Lindley Title: Address: 799 Moorpark Avenue Moorpark, CA 93021 Telephone: (805) 529-6864 4. Notices to VCTC. All notices required to be given or sought to be given to VCTC pursuant to this Agreement shall be addressed as follows, or such other address as VCTC may designate in writing to the other party from time to time: Ventura. County Transportation Commission 950 County Square Drive, Suite 207 Ventura, CA 93003 Attn: Steven DeGeorge 5. Notice Deemed Received. Notices given by personal delivery shall be deemed received when delivered, notices sent by United States mail, first class postage prepaid, shall be deemed received on the fifth (5th) day after the postmark appearing on the envelope containing such notice. 6. Entire Agreement. This Agreement contains the entire agreement of the parties regarding the subject matter contained herein and no prior understanding - written or oral - between the parties shall be of any affect in construing this Agreement. 7. Each party to this Agreement represents to the other party that this Agreement has been executed on behalf by its authorized representative. 00065 • WHEREFORE THE PARTIES HAVE EXECUTED THIS AGREEMENT as of the 29 th day of Novenber , 1994. VENTURA COUNTY TRANSPORTATION COMMISSION By: Print Name: Ginger Gherardi Print Title: Executive Director Attes / P Secre . of the Commission CITY OF MOORPARK By: Print Name: Print Title: Attest: [City Clerk] [or] [Clerk of the Board] 00066