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)