HomeMy WebLinkAbout2004-25 - C & N Waste ServicesRESOLUTION NO. 2004- 25
A 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 C &N WASTE SERVICES
WHEREAS, on November 13, 2001, the City of Newport Beach granted a Non- exclusive
Franchise to C &N Waste Services for commercial solid waste collection services ( "Franchise
Agreement'); and,
WHEREAS, on February 23, 2004 and March 10, 2004, the City was notified by telephone
and letter that C &N Waste Services is no longer operating within the City of Newport Beach; and,
WHEREAS, C &N Waste Services 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
that:
NOW, THEREFORE, be it resolved by the City Council of the City of Newport Beach
1. The City Council hereby approves the termination of the Franchise Agreement with
C &N Waste Services. The Agreement to Surrender the Commercial Solid Waste Collection
Franchise Agreement between the City of Newport Beach and C &N Waste Services attached hereto
as Exhibit "A ", is hereby approved and the City Manager is authorized to execute the Agreement as
written.
Adopted this 23rd day of March, 2004.
MAYOR
ATTEST:
EXHIBIT "A"
• AGREEMENT TO SURRENDER
COMMERCIAL WASTE COLLECTION FRANCHISE AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND C &N WASTE SERVICES
This Agreement is entered into on this day, the day of
2004 and executed by and between the CITY OF NEWPORT BEACH, a municipal
corporation ( "CITY ") and C &N WASTE SERVICES ( "FRANCHISEE ").
RECITALS
Pursuant to City Ordinance No. 01 -87, CITY and FRANCHISEE entered into a
Commercial Solid Waste Collection Franchise Agreement dated November 13, 2001
( "AGREEMENT ").
On March 10, 2004, CITY was notified by letter that FRANCHISEE is no longer
operating within the CITY.
NOW THEREFORE, CITY and FRANCHISEE agree as follows:
1. The AGREEMENT is hereby terminated, retroactively effective on March
• 10, 2004 and shall be of no further force and effect.
2. By signing this agreement, FRANCHISEE agrees to surrender all rights to
do business as C &N Waste Services 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 March 10, 2004 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 March 10, 2004.
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:
"CITY"
CITY OF NEWPORT BEACH,
A Municipal Corporation
Dated: By:
Homer Bludau
City Manager
ATTEST
LaVonne Harkless
City Clerk
"FRANCHISEE"
C &N Waste Services
By:
Name:
Title:
Date:
APPROVED AS TO FORM:
Robin L. Clauson
Assistant City Attorney
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, 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. 2004 -25 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
23rd day of March, 2004, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 24th day of March, 2004.
(Seal)
City Clerk
Newport Beach, California