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HomeMy WebLinkAboutReso 1970-5584 RESOLUTION NO. 5584 RESOLUTION OF THE CITY VISTA, APPROVING FIRST THE CITY OF CHULA VIST PROVIDE INTRA-CITY BUS VISTA, AND AUTHORIZING AMENDMENT ON BEHALF OF COUNCIL OF THE CITY OF CHULA AMENDMENT TO AGREEMENT BETWEEN ?~ AND AZTEC BUS COMPANY, TO SERVICE IN THE CITY OF CHULA THE MAYOR TO EXECUTE SAID THE CITY The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that the FIRST AMENDMENT to that certain agreement between the CITY OF CHULA VISTA, a municipal corporation, and AZTEC BUS COMPANY, a California corporation, approved by the City Council of the City of Chula Vista by Resolution No. 5534 adopted on the 17th day of February, 1970, a copy of which amended agreement, dated the ~ 7 ~ day of f~''~t~ rY di 1970 is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said amended agreement for and on behalf of the City of Chula Vista. Pr s nted by ~~;'~ r "~ %'Gordon E. Thorn, Chief Administra- /` tive Officer Approved as toJJJ,~~f^^~'`~---o---rm by y ~ F.. i George D. ndberg, City~Attorne ~,,. ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 24th day of March 19 70 , by the following vote, to-wit: AYES : Councilmen McAllister, Scott, Sylvester,. Hamil~o~r ,, Hyde NAYES: Councilmen None ABSENT: Councilmen None d.. , ~" .~ ~"- Mayor of the City of Ch a Vista e ATTES T --c__-t~ , P Li'. ~ 4 ` .:L~- ~L~ -- Jerk j~ STATE c-_ ~AL ~~~OFtIVIA COUNTY OF SAN DIEGO ss. CIT".' OI' CHULA VISTA I ~ City Clerk of the City of CY: J_a Vista, California, DO HEREBY CE R' Y that the above is a full, true an:, correc* copy oi: Resolution No. and that the same has not bet. r. amerdec, or. rer%-:paled. DATED ~ ____ City Cler FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AMID THE AZTEC BUS LINES TO PROVIDE INTRA-CITY BUS SERVICE IN THE CITY OF CHULA VISTA THIS FIRST AMENDMENT, made and entered into this ~= ~~~~--~ day of ~~;,'.,~.,,y_,.~.~~ 1970, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City"; and AZTEC BUS LINES, 4437 Twain Avenue, San Diego, California, 92120, a California corporation, hereinafter called "Bus Company°`; W I T N E S S E T H: WHEREAS, City and Bus Company desire to clarify the pro- cedure for accountability of the division of receipts of charter operations as provided in Section 10 of that certain agreement dated the 17th day of February, 1970, approved by Resolution No. 5534 adopted by the City Council on the 17th day of February, 1970, and to establish procedures for receipt of said monies, and WEiEREAS, City and Bus Company wish to revise Section 16 of said agreement relating to bus advertising rights and revenues in order to eliminate the responsibility of the City for securing advertisers and conducting the advertising program and providing a method of accountability for the divisions of receipts of said advertising and procedures for collecting said monies. NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto agree to amend that certain agreement dated the 17th day of February, 1970, insofar as Sections 10 and 16 are concerned, and in no other way, as follows: SECTION 10. PAYMENT AGREEMENT AND SHARING OF FARE REVENUES AND CHARTER REVENUES 4 It is understood and agreed by and between the parties that Bus Company shall receive the sum of FIFTY DOLLARS ($50.00) per day for the four (4) operating units, for a total of TWO HUNDRED DOLLARS ($200.00) per day from the City. City agrees to pay said guarantee of TWO HUNDRED DOLLARS ($200.00) per day to Bus Company, quarterly, in advance, on the 15th day of the month, at theginning of each quarter, commencing with the 15th day of Marc ~9,~0'. Said guarantee shall be mailed by the Finance Officerl to •:131}s Company at their San Diego address, 4437 Twain .Avenue,~;,~an Diego, C~liforr_ia 92120. In ~ddition, C~- will pay to Bus Company ninety percent (9C o) of the r-&r~ box rep _,"~ .~s for the first TWENTY-FIVE DOLLARS ($5.00) cif said fare re~~,__es per unit, per day, and twenty u percent (20$) of 'the far~~.T-x revenues for all amounts over _ T47ENTY-FIVE DOLLAR::+ i$25.0 ,.pE._ unit, per day. It is understoo'. and agreed that sas.d fare 1._..:_ ra>_nues shall be averaged among the four i4) units to prov~::~ said basis for distribution of fare box rev~.nues. It is furth,/r understood that fare box revenues from the star.dl~y u!~its would also be contributed to total fare hox revenues ar.d averaged among the four. (4) basic operating units. Bus Company would receive ninety percent (90$) of the total fares up to ONE HUNDRED DC~,LARS ($100.00) and twenty percent (20~) of the total -tare revenuzs e~~ceedinc; OPIE iiUNDRI;D DOLLARS ($100.00) and City shall retain *:en ~e-cent (10~) of the fare revenues up to ONE HUNDRED DOLLP.RS ($)CO.OOj ~hd ~ iq?hty i~ercent (8i')$) of the fare revenues ex- Deeding ONE Hi;.~iDI'~.Lr• ~ ~'+~',r. ~~ ($100.00) per day for the four (4) units. -- r ^, 1 - ~'; - ~ ~~'- It is further understood and agreed that City will receive ten percent (100) of gross revenues of any charter opera- tions performed by any of the six (6) units assigned to the City of Chula Vista, and Bus Company will receive ninety percent (90%) of the gross revenues of such charter operations. Bus Company shall supply a detailed statement of charter operations and monies derived therefrom and a check for said ten percent (100) to the City of Chula Vista at the end of each quarter commencing on the 14th day of June, 1970 to the office of the Finance Officer of the City of Chula Vista, 276 Guava Avenue, Chula Vista, Cali- fornia 92010. SECTION 16. BUS ADVERTISING RIGHTS AND REVENUES It is understood and agreed that Bus Company shall have control and direction of the sale of all advertising space both inside and outside of the six (6) bus units assigned to the City of Chula Vista. City will receive ten percent (10°s) of all gross revenue derived from the sale of said advertising space and Bus Company will receive ninety percent (900) of all gross revenue derived from such advertising provided, however, that any advertising for bus ridership promotion undertaken by Bus Company shall be allowed to utilize any advertising space without charge. IN WITNESS WHEREOF, the parties hereto have caused this first amendment to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA Cam-.-' ~''~ ~~a~t:~ Mayor of the City of Chula Vista ,! ~ ~ ATTEST ~; .. ~_~_.t.-c-C', Cf-tee ~= City Clerk ~' Approved as to form by _-- _-- A.~a n,ic mar. L'._ ~ _ AZTEC BUS LINES _ ~ < ~-v 1, !`M J. do an, General (` an er . ~ /~~'