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HomeMy WebLinkAboutCC Resolution 4548RESOLUTION NO. 4548 A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael a lease or agreement with Marin Sanitary Service (Waiver of G9ndi-tiens, r-elat-55"59-- to recycling) A copy of which is hereby attached and by this reference made a part hereof. I, MARION A. GRADY, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday the 90th day of August 1978 by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. eel MARION A. GRADY City Clerk ORI GI� A� WAIVER OF CONDITIONS WHEREAS, the City of San Rafael, hereinafter referred to as "City", and Marin Sanitary Service, a California corporation, hereinafter referred to as "Company", entered into an Agreement on June 20, 1966; and WHEREAS, said Agreement provides that Company has the ex- clusive right and privilege to collect all refuse within the territorial limits of City; and WHEREAS, refuse has been defined in said Agreement to in- clude garbage, rubbish and waste matter; and WHEREAS, City believes that a certain organization known as Survival, Inc., will, at least on a temporary basis, provide a useful service to the community in the recycling of certain types of refuse; and WHEREAS, Company would not object to the expenditure of 1973-74' $1,500.00 by City to Survival, Inc. during the fiscal year 19-72-72 /f4 as materially affecting the contractual agreement between City ✓ , and Company. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. Solely to the extent provided herein, Company hereby agrees to and does waive the provisions of its agreement with City concerning the exclusive right of Company as the same relates to Survival, Inc., and further agrees that if City enters into an agreement with Survival, Inc., in the amount of $1,500.00 for the 1..973-74 fiscal year =i:972 73, such agreement will not be regarded as con- tro stituting a breach of the Agreement between City and Company. 2� 2. It is further agreed that said waiver, as provided for 1 herein, is limited to the collection and recycling of certain 1. refuse and is limited to the amount of $1,500.00 and the fiscal 1973-74 year 2. 3. Said waiver shall not, under any circumstances, be con- strued as a waiver for any other period nor as a waiver of any other rights provided for in the Agreement between City and Company, nor as a release or waiver of any rights which Company may now or hereafter have against any other person, firm or entity, and shall be limited as set forth above. In Witness Whereof the parties have executed this Waiver on the 20th day of A„9„st , 1973, in Marin County, California. ATTEST: MARION A. GRADY, City Clerk MARIN SANITARY SERVICE, a California Corporation By CITY OF SAN RAF L, a Municipal Corporation i By G! C. PAUL BETTI I, Mayor 2.