HomeMy WebLinkAboutRES NO 257-06
RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD CONSENTING TO THE ASSIGNMENT OF
THE RIGHTS AND OBLIGATIONS OF AGREEMENT 99-
329 FROM KERN REFUSE DISPOSAL, INC. TO
METROPOLITAN RECYCLING CORPORATION.
257-06
WHEREAS, in 1999, the City and Kern Refuse Disposal, Inc., (Kern Refuse)
entered into Agreement No. 99-329 whereby Kern Refuse leased a certain portion of
the City's property to construct and operate a concrete and demolition recycling facility
(the Facility); and
WHEREAS, the Agreement was amended in 2000, to reduce the size of the
leased premises; and
WHEREAS, the Facility has been managed and operated by Metropolitan
Recycling Corporation (MRC); and
WHEREAS, the Facility was supposed to be fully open to the public, but, to date,
that has not occurred; and
WHEREAS, any assignment of Kern Refuse's rights under Agreement No. 99-
329 must be approved in writing by the City; and
WHEREAS, Kern Refuse desires to assign its rights and obligations in the lease
to MRC and MRC desires to take over such rights and obligations; and
WHEREAS, the City has no objection to Kern Refuse assigning its rights in
Agreement 99-329 and the amendment thereto to MRC.
NOW, THEREFORE, BE IT RESOLVED, incorporating the above recitals herein,
by the Council of the City of Bakersfield as follows:
1. That the above recitals are true and correct.
2. The City hereby consents to Kern Refuse Disposal, Inc.'s assignment of
all its rights and obligations under Agreement No. 99-329 and any amendments
thereto to Metropolitan Recycling Corporation.
3. The Assignment Agreement between Kern Refuse Disposal, Inc. and
Metropolitan Recycling Corporation is attached hereto as Exhibit "A".
Page 1 of 3 Pages
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4. Nothing in this consent will relieve Kern Refuse Disposal, Inc. of any of its
obligations contained in its agreement with the City of Bakersfield for refuse
hauling services approved the same day as this resolution.
Page 2 of 3 Pages
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I HEREBY CERTIFY that the foregoing Resolution was passed and
adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on
gP 2 7 ZOOS by the following vote:
~
NOES:
ABSTAIN:
ABSENT:
..---- .......- ...---- ........-- 1...---- --- ..---
COUNCILMEMBER MAGGARD, CARSON, BENHAM, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
PAMELA A. McCARTHY, C
CITY CLERK and Ex Officio lerk of the
Council of the City of Bakersfield
APPROVED
SEP 2 7 200S
HARVEY L. HALL
Mayor of the City of Bak
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By:
~ANICE SCANLAN
Assistant City Attorney
Page 3 of 3 Pages
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EXHIBIT nAn
ASSIGNMENT OF RECYCLING FACILITY GROUND LEASE
THIS ASSIGNMENT OF RECYCLING FACILITY GROUND LEASE (the "Assignment"),
which is dated and effective as of June 1, 2000, is entered into by and between KERN REFUSE
DISPOSAL, INC., a California corporation ("Assignor") and METROPOLITAN RECYCLING
CORPORATION, a California corporation ("Assignee").
RECITALS
WHEREAS, the City of Bakersfield, a municipal corporation ("City"), as Lessor or City,
and Assignor, as Lessee, executed Agreement No. 99-329 Recycling Facility Ground Lease
dated December 15, 1999 (the "Original Lease") with respect to the premises described therein;
WHEREAS, the Original Lease was amended by City and Assignor pursuant to
Agreement No. 99-329(1), Amendment No.1 to Agreement No. 99-329 dated May 10, 2000 (the
"Amendment") whereby the premises leased were reduced and relocated;
WHEREAS, Assignor desires to assign to Assignee all of its right title and interest in the
Original Lease and the Amendment (collectively the "Lease") and Assignee desires to receive all
of Assignor's right, title, and interest in the Lease and assume all of Assignor's obligations under
the Lease;
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein and incorporating by this reference the foregoing recitals, the parties hereto hereby agree
as follows:
1. Assignor hereby assigns to Assignee all of its right, title, and interest in the Lease
and the premises leased thereunder.
2. Assignee hereby assumes all of Assignor's obligations under the Lease and
agrees to indemnify, defend, and hold Assignor harmless from all costs, expenses, and liabilities
relating to or arising from the Lease which occur or arise after the effective date of this
Assignment as first set forth above.
IN WITNESS WHEREOF, the parties have executed this Assignment to be effective as of
the date first written above.
KERN REFUSE DISPOSAL, INC., a California corporation
("Assignor")
By:
l
METRO ITAN RECYCLING CORPORATION, a California
corporation ("Assignee")
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