Item 4 Staff Report Amendment to Landfill AgreementTOWN OF LOS GATOS
Council Agenda Report
DATE: March 14, 1983
TO: MAYOR AND TOWN COUNCIL
FROM: TOWN MANAGER�I
SUBJECT: AMENDMENT TO LANDFILL AGREEMENT
RECOMMENDATION:
COUNCIL AGENDA
Date: 3/21/83
item No. 4:'
That Council adopt the attached resolution authorizing the Mayor to execute
the referenced amendment to Section 12(B) of the Landfill Agreement between
the Town and Guadalupe Rubbish Disposal Co.
DISCUSSION:
The Landfill Agreement between the Town and Guadalupe Rubbish Disposal Co.,
approved by Council on February 22, 1983, contained inaccurate language in
the section labeled Section 12(B), p. 11 of the agreement). Due to a mix-up,
Town staff did not receive the final draft of this section for inclusion in
the documents. The language that should have been contained in the section is
attached as Exhibit "A" and represents the intent agreed to in negotiations.
The current language contained in the agreement is attached as Exhibit "B".
The difference in the language as approved by Council and the recommended
amendment concerns the sharing of the five (5%) of gross amounts received by
the Company as compensation in case of condemnation with Monte Sereno,
Campbell, and Saratoga as opposed to five (5%) percent for each of the cities.
The latter concept was never discussed in negotiations, and was not the intent
of the agreement reached with Guadalupe. The other three communities have
adopted the recommended revised language. Staff recommends Council approve
PRCPARED BY: Nadine P. Levin, Assistant Town Manager*
Reviewed by:
Attorney
Clerk Treasurer
TOWN COUNCIL ACTION DIRECTED TO:
ACTION OF COUNCIL:
COMMENTS:
RESOLUTION NO.
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 COUNCIL OF THE TOWN OF LOS GATOS at
a meeting held this day of
1983, by the following vote:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
SIGNED:
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
Mayo r
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.
EXHIBIT A
Condemnation:
n
Meeting of 3/21/83
Item No. 4
_h_ G= t-.)C ..�reLG acree that _..... rich_ of -_1 .._
'_^_s _Sal _Or theter-. o_` 20 vea_s a- in -'ais Acreemen_
_s a valuable 1-Property _ cnt.
_._ the event of he ..a_tal or tc,tal ta..'' of t e ^J_c;-•osa
Site prior to the expiration of the term of 20 vea=s b a cc', C=n-
...cntal entity entitled to do so .:"leer eminent domain, whether
bv the filing =nc 72rosecution of a roceec ii under the pe e=
G� eminent domain, or under threat of filing or _,resecu inc
= . act_c" , _O.`_=)._-._ s:- 1 a` to the - cities a total ambunt
(5) erce_,t of the cross arc --.ant = . ed by -_ --,. Y as
Provided, iloii?ve.r, the to be _G to CI'_`'
s::all r_e re.ucac G--tNen.tietb (1/20) for each e'ar:sec Year
of the term of this Acree-rent .
13. Entire Acre_::yen t
This Acreement constitutes the entire agreement between the
..-=eto _<'-..-a-inc to —e s jCct matter hereof, and
14. U� -�' -- -
s-:,cc.-sscr.s an.. ass :s, to ::_ C _ c'_' \' _o this
=.. and .o he <<s_ --cove aec_ :s of
party in restiect tc of :...is
12. Condemnation:
A. The Parties hereto agree that the right of CITY to use the
Disposal Site for the term of 20 years granted in this Agreement
is a valuable property right.
B. In the event of the partial or total taking of the Disposal
Site prior to the ex ira
mental entity entitled t
by the filing and prosecution of a proceeding under the power
of eminent domain, or under threat of filing or prosecuting
f 20
s b
overn-
minent domain, whether
such an action, COMPANY shall pa to CITY an amount e ual to
five (5) percent of the gross amount received by COMPANY as
compensation. Provied, 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.
13. Entire Agreement.
This Agreement constitutes the entire agreement between the
parties hereto relating to the subject matter hereof, and
supercedes any previous agreements or understandings.
14. Successors and Assigns.
COMPANY and CITY, and each of them, each binds itself, its
respective successors and assigns, to the other party tc this
Agreement, and to the respective successors and assigns of
such other party in respect to all covenants of this Agreement.
-11-
TOWN OF LOS GATOS
a Municipal Corporation
DATED: By:
Mayor
GUADALUPE RUBBISH DISPOSAL CO., INC.
DATED: By:
DATED: By:
DATED: By:
-2-
AMENDMENT TO LANDFILL AGREEMENT -- 2 March 14, 1983
the resolution authorizing the Mayor to execute the amendment.
DRM/ss
Encls.
cc: Regular Distribution
Guadalupe Rubbish Disposal Co.