1983-048-Approving Amendment To Agreement With Guadalupe Rubbish Disposal Co., IncRESOLUTION NO. 1983 -48
A RESOLUTION APPROVING AMENDMENT TO
AGREEMENT WITH GUADALUPE RUBBISH
DISPOSAL CO., INC.
RESOLVED by the Town Council of the Town of Los Gatos,
California, that the Mayor is authorized and hereby directed to
execute the attached Amendment to AGREEMENT BETWEEN TOWN OF LOS
GATOS AND GUADALUPE RUBBISH DISPOSAL COMPANY, INC.
PASSED AND ADOPTED BY THE TOWN COUNNCIL OF THE TOWN OF
LOS GATOS at a regular meeting held this 21st day of March, 1983,
by the following vote:
AYES: COUNCIL MEMBERS Joanne Benjamin, Terrence J.
Dailv. Thomas J. Ferrito
MarLyn J. Rasmussen and Mayor
Brent N. Ven
NOES: COUNCIL MEMBERS Non
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
ATTEST:
CLE K OF THE TOWN OF LO GATOS
AMENDMENT TO AGREEMENT BETWEEN
TOWN OF LOS GATOS AND GUADALUPE
RUBBISH DISPOSAL CO., INC.
WHEREAS, the Town of Los Gatos has entered into a Landfill Agreement with
Guadalupe Rubbish Disposal Co., Inc.; and
WHEREAS, the current agreement contains inaccurate language relative to
condemnation; and
WHEREAS, both the Town and Guadalupe Rubbish Disposal Co., Inc. are
desirous of amending the current agreement to insert the correct
language;
NOW, THEREFORE, the parties mutually agree that the existing Landfill
Agreement between the Town and Guadalupe Rubbish Disposal Co.,
Inc. is hereby amended to provide that Section 12 (Condemnation),
Paragraph "B ", reads as follows:
"12. Condemnation:
B. In the event of the partial or total taking of the Disposal Site prior
to the expiration of the term of 20 years by a governmental entity
entitled to do so under eminent domain, whether by the filing and pro-
secution of a proceeding under the power of eminent domain, or under
threat of filing or prosecuting such an action, COMPANY shall pay to
the 4 cities a total amount of five (5) percent of the gross amount
received by COMPANY as compensation. Provided, however, the amount to
be paid to CITY shall be reduced by one - twentieth (1/20) for each elapsed
year of the term of this Agreement."
No other amendments to the existing agreement are included in this amendment.
DATED:
DATED:
DATED:
DATED:
-2-
TOWN OF LOS GATOS
a Municipal Corporation
Mayor "
GUADALUPE RUBBISH DISPOSAL CO., INC.
M