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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