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.