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HomeMy WebLinkAboutProposition A Assignment: City of IndustryPROPOSITION A ASSIGNMENT AGREEMENT This Assignment Agreement is made and entered into this 12 day of May, 1998 by and between the City of Industry and the City of Arcadia, with respect to the following facts: A. The City of Industry proposes to utilize Proposition A Local Return funds received from the City of Arcadia to finance the expansion of the parking lot and of the platform at the City of Industry Metrolink Station. Adequate Proposition A Local Return funding for this project is not available, given the limited amount the City of Industry's Local Return allocation and the needs of other transit projects in the City. B. The City of Arcadia has an accumulation of uncommitted Proposition A Local Return funds which could be made available to the City of Industry to assist in providing the project described in Paragraph A of this Agreement. In exchange for the assignment by the City of Industry of the amount of General Funds indicated in Section 1 below, the City of Arcadia is willing to assign uncommitted Proposition A Local Return funds to the City of Industry for the purpose identified in Paragraph A. Now, therefore, in consideration of the mutual benefits to be derived by the parties and of the premises herein contained, it is mutually agreed as follows: 1. Exchange. The City of Arcadia agrees to assign $ 1,500,000 of its uncommitted Proposition A Local Return funds to the City of Industry. In return, the City of Industry agrees to assign $975,000 in General Funds to the City of Arcadia. 2. Consideration. The City of Arcadia shall assign the agreed upon Proposition A Local Return funds to the City of Industry in one payment by May 12, 1998. The City of Industry shall assign the agreed upon General Funds to the City of Arcadia in one payment by May 12, 1998. 3. Term. This agreement is effective on the date above written and for such time as is necessary for both parties to complete their mutual obligations under this Agreement. 4. Termination. Termination of the Agreement may be made by either party before the date of approval of the project description covering the funds in question by the MTA, so long as written notice of intent to terminate is given to the other party at least five (5) days prior to the termination. 5. Notices. Notices shall be given pursuant to this Agreement by personal service on the party to be notified, or by written notice upon such party deposited in the custody of the United States Postal Service, addressed as follows: a. Chris Rope, City Manager City of Industry 15651 East Stafford Street City of Industry, CA 91744 b. William R. Kelly, City Manager City of Arcadia 210 West Huntington Drive Arcadia, CA 91066 6. Assurances: a. The City of Industry shall use the assigned Proposition A Local Return funds only for the purpose of providing the project discussed in Paragraph A of this Agreement and within the time limits specified in MTA's Proposition A Local Return Program Guidelines. b. Concurrently with the Execution of this Agreement, the City of Industry shall provide MTA with the Standard Assurances and Understandings Regarding Receipt of Use of Proposition A funds specified in the Guidelines regarding the use of the assigned Proposition A Local Return funds. IN WITNESS WHEREOF, the parties hereto have caused this Assignment Agreement to be executed by their respective officers, duly authorized, on the day and year written above. CITY OF ARCADIA By: Mayoj� V CITY OF INDUSTRY By: Mayor Attest: �.i Clerk Approved as to Form: City Attorney Attest: A " - " City Clerk Approved as to Form 66ity Attorney