Loading...
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 S:\CQUNCIL \Resos\06-07 Resos\kemrefuseassignment.doc ~ <0 "'kC''9 () ~ :.... - I- rn - r- <..:) C;I ORIGINAJ.. 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 S :\COUNCIL \Resos\06-07 Resos\kernrefuseassignment.doc ~"'K~'9 cJ. ~ .:>- - I- l!! o c;:, ORIGINAL 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 S :\COUNCI L \Resos\06-07 Resos\kemrefuseassignment.doc ~ f(,AkS-1> o ~ ;:... - .... m - r- c..:> <:::7 ORIGINAL ,- 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") ~ 'Qf>..k~?> o % >- - .... m - r- <.) C:1 ORIGINAL