Desk Item 11 Staff Report Adopt Resolution Authorizing the Town Manager to Execute an Assignment, Assumption and Consent Agreement with the West Valley Solid Waste Management Authority, Green Valley Disposal Company, and Guadalupe Rubbish Disposal CompanyCOUNCIL AGENDA REPORT
DATE: March 16, 1998
TO: MAYOR AND TOWN COUNCIL
FROM: TOWN MANAGER
SUBJECT:
MEETING DATE: 3/16/98
ITEM NO. 11
DESK ITEM
ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AN
ASSIGNMENT, ASSUMPTION AND CONSENT AGREEMENT WITH THE WEST
VALLEY SOLID WASTE MANAGEMENT AUTHORITY, GREEN VALLEY DISPOSAL
COMPANY, AND GUADALUPE RUBBISH DISPOSAL COMPANY
RECOMMENDATION:
Green Valley and Guadalupe representatives have requested that the underlined language in paragraph 2.1 be added to the
agreement. The Town Attorney has reviewed the language and determined that it is impact is inconsequential.
PREPARED BY: Regina A. Falkne ,
Community Se Dif-ector
n:share\csd\swmagre.rpt
Reviewed by: Attorney Finance
Revised: 3/16/98 3:31 pm
Reformatted: 10/23/95
Sent by: Law Offices 0f Jack & Keegan 408 298 0608;
03/13-98 4:17; Jf #960;Page 21/22
1.4 Waste Qj72Sal Agreement. Town does hereby assign, covey,
transfer and deliver and the Authority does hereby assume all rights, title, obligations and
interest in and m the Disposal Agreement The Authority agrees to be bound by each
and every term and provision of the Disposal Agreement as though the Disposal
Agreement had originally been made, executed, and delivered by the Authority.
2 Lgearauteslitelense
2.1 r Green Valley consems to the assignment to the
Authority of the Collection Agreement. the Recycling Agreement and the Yard Waste
Agreement, and hereby releases Town from all obligations thereunder, except those
ob ''gallons ear v retained by the Town under the Agreement. By this consent, Goren
Valley hereby agrees to indemnify and hold harmless the Authority as well as the Town
as required by sections 17.1 and 172 of the Recycling Agreement, sections 17.1 and 172
of the Yard Waste Agreement and section 10.1 of the Collection Agreement
22 Guadalupe. Guadalupe consents to the assignment to the Authority of
the Disposal Agreement, and hereby releases Town from ail obligations thereunder.
3. Suncnssorg and Asks
This Agreement applies to, inures to the benefit of, and binds all parties
to this Agreement and their respective successors, assigns and legal representatives.
4. ,tunterparts
This Agreement may be eaeaited in counterparts, each of which shall be
deemed an original, but which together shall constitute one instrument.
5. feet ate
This assignment set forth above hail be effective as of the date of this
Agreement.
IN WITNESS WHEREOF, the undersigned has caused this instrument to be
signed this day of _ , 1998.
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