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HomeMy WebLinkAbout2010-8 - Termination of Solid Waste CollectionA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH TERMINATING THE COMMERCIAL SOLID WASTE COLLECTION FRANCHISE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND GREENLEAF GRADING COMPANY WHEREAS, on March 1, 2007, the City of Newport Beach granted a Non - exclusive Franchise to Greenleaf Grading Services for commercial solid waste collection services ("Franchise Agreement"); and, WHEREAS, on October 5, 2009 and November 17, 2009, the City was notified by telephone and letter that Greenleaf Grading Company is retiring and no longer operating within the City of Newport Beach; and, WHEREAS, Greenleaf Grading Company has requested, in writing, that the City terminate the Franchise Agreement; and, WHEREAS, the City Council has been presented with an agreement to terminate the Franchise Agreement; and NOW, THEREFORE, be it resolved by the City Council of the City of Newport Beach that: 1. The City Council hereby approves the termination of the Franchise Agreement with Greenleaf Grading Company. The Agreement to Surrender the Commercial Solid Waste Collection Franchise Agreement .between the City of Newport Beach and Greenleaf Grading Company attached hereto as Exhibit "A," is hereby approved and the City Manager is authorized to execute the Agreement as written. Adopted this 26th day of January, 2010. "CI I CITY OF NEWPORT BEACH, Dazes: 1.11-10 B MAYOR ATTEST: IiiI 07�ul EXHIBIT "A" AGREEMENT TO SURRENDER COMMERCIAL WASTE COLLECTION FRANCHISE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND GREENLEAF GRADING COMPANY This Agreement is entered into on this day, the _ day of 2010 and executed by and between the CITY OF NEWPORT BEACH, a municipal corporation ( "CITY ") and GREENLEAF GRADING COMPANY ( "FRANCHISEE "). RECITALS Pursuant to City Ordinance No. 01 -87, CITY and FRANCHISEE entered into a Commercial Solid Waste Collection Franchise Agreement dated March 1, 2007 ( "AGREEMENT "). On November 17, 2009 CITY was notified by letter that FRANCHISEE is retiring and no longer operating within the CITY. NOW THEREFORE, CITY and FRANCHISEE agree as follows: 1. The AGREEMENT is hereby terminated, retroactively effective on November 17, 2009 and shall be of no Further force and effect. 2. By signing this agreement, FRANCHISEE agrees to surrender all rights to do business as Greenleaf Grading Company to operate commercial solid waste collection services within the City limits. 3. FRANCHISEE shall be liable for payment to the CITY of all applicable fees associated with the FRANCHISEE's performance of solid waste collection services performed during the term of this AGREEMENT through November 17, 2009 including but not limited to the following: a. Current and outstanding Franchise Fees b. All applicable charges associated with late payment of Franchise Fees pursuant to Section 4 of this AGREEMENT C. All applicable charges associated with report delinquencies pursuant to Section 6 of the AGREEMENT 4. FRANCHISEE agrees to submit any outstanding Disposal Reports per Section 6 of the AGREEMENT including Quarterly Disposal Report for the activity performed through November 17, 2009. 5. FRANCHISEE agrees that it has removed, or will remove within fifteen days after City Council approval of this agreement all equipment from FRANCHISEE's service locations within the City limits. 6. FRANCHISEE agrees that it will obtain a new franchise agreement with the CITY prior to initiating future solid waste collection services within the City limits. WITNESS THE EXECUTION OF THIS AGREEMENT ON THE DATE WRITTEN BELOW EACH SIGNATUE: W-W-741 ATTEST City Clerk APPROVED AS TO FORM: City Attorney "CITY" CITY OF NEWPORT BEACH, A Municipal Corporation City Manager "FRANCHISEE" Greenleaf Grading Company By: _ Name: Title: Date: STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2010 -8 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 26th day of January, 2010, and that the same was so passed and adopted by the following vote, to wit: Ayes: Selich, Rosansky, Henn, Webb, Gardner, Daigle, Mayor Curry Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 27th day of January, 2010. 4 , &, City Clerk Newport Beach, California (Seal)