HomeMy WebLinkAboutRepublic ServicesFRANCHISE EXTENSION AGREEMEO
BETWEEN
THE CITY OF NEWPORT BEACH AND REPUBLIC SERVICES, INC.
This Franchise Extension Agreement is entered into between the City of Newport Beach ( "City ") and
Republic Services, Inc. ( "Republic ") this 13th day of December, 2005, with regards to the following facts:
RECITALS
WHEREAS, by approving Ordinance No. 99 -5 on or about March 22, 1999, the City granted Republic's
predecessor in interest Briggeman Disposal, Inc. a non - exclusive franchise to provide solid waste
collection services ( "Franchise ") and entered into a solid waste franchise agreement ( "Franchise
Agreement ") with Republic's predecessor in interest Briggeman Disposal, Inc. The Franchise and
Franchise Agreement will expire on January 9, 2006 and
WHEREAS, City and Republic desire to extend the Franchise and Franchise Agreement until March 1,
2007 to allow for additional time for negotiations to consider the renewal of the Franchise and
Franchise Agreement.
NOW THEREFORE, the Parties agree as follows:
The Franchise and Franchise Agreement shall be extended to March 1, 2007. During said
extension, the terms and conditions of the current Franchise and Franchise Agreement shall
remain in full force and effect without modification.
Nothing herein shall be deemed or construed as a waiver, release or surrender of any right that
either party may have under any applicable law. Nothing herein shall waive, release or
otherwise relieve Republic from any Franchise and /or Franchise Agreement breaches or
violations, if any exist, or other violations of law, if any, and the grant of this Franchise and
Franchise Agreement extension shall not be utilized by Republic for any purpose other than to
extend, and document the extension, of the Franchise and Franchise Agreement through March
1, 2007.
IN WITNESS WHEREOF, the parties hereto have caused this Franchise Extension Agreement to be
executed in duplicate on the date and year first written herein.
CITY OF NEWPORT BEACH,
A Municipal Corporation
14omer Bludau, Ci ` anager
APPROVED AS TO FORM:
Aaron C. Harp,
Assistant City Attorney
REPUBLIC SERVICES, INC..
A California Co orati n
By:
Name: Thomas Y. top-t
Title: President
By:
Name:
Title:
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ByU�7Vrie 9/l
LaVonne Harkless,
City Clerk
[END SIGNATURES]
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AGREEMENT TO ASSIGN THE CONSOLIDATED DISPOSAL
SERVICE NON - EXCLUSIVE SOLID WASTE COLLECTION
FRANCHISE AGREEMENT TO REPUBLIC SERVICES, INC.,
This Agreement is entered into on / 4day of August, 2003 and executed by and
between the CITY OF NEWPORT BEACH, a municipal corporation ( "CITY "), and
REPUBLIC SERVICES, INC., a California corporation.
RECITALS
A. On January 27, 1997, the City of Newport Beach entered into Commercial
Solid Waste Collection Franchise Agreements with Zakaroff Services
( "ZAKAROFF FRANCHISE ") and Briggeman Disposal Services
( "BRIGGEMAN FRANCHISE "),
B. On October 20, 1999 Zakaroff Services notified the City that it was
acquired by Briggeman Disposal Services, Inc. and that it no longer
operated in the City of Newport Beach, The City terminated the Zakaroff
Franchise.
C. On November 15, 1999 Consolidated Disposal Service, LLC informed the
City that Briggeman Disposal Services, Inc. had become a wholly owned
entity of Consolidated Disposal Service LLC and that the BRIGGEMAN
FRANCHISE should be assigned to Consolidated Disposal Service, LLC,
dba Briggeman Disposal Services. The assignment of the BRIGGEMAN
FRANCHISE was approved by the CITY on November 22, 1999
(hereinafter referred to as the "CONSOLIDATED DISPOSAL SERVICE
FRANCHISE").
D. The ZAKAROFF FRANCHISE, the BRIGGEMAN FRANCHISE and the
CONSOLIDATED DISPOSAL SERVICE FRANCHISE will be referred to
collectively as the "FRANCHISES ".
E. The assets of Consolidated Disposal Service, LLC have now been
transferred to Republic Services, Inc., which has agreed to assume all of
the duties, obligations,, conditions and responsibilities under the
FRANCHISES.
F. The CITY desires to clarify the operations of the FRANCHISES by
assignment of the CONSOLIDATED DISPOSAL SERVICE, LLC
FRANCHISE to Republic Services, Inc., dba Briggeman Disposal, LLC,
Consolidated Disposal Service, LLC, and Taormina Industries, LLC
(hereinafter collectively referred to as "REPUBLIC SERVICES ").
NOW THEREFORE, the CITY and REPUBLIC SERVICES agree as follows:
REPUBLIC SERVICES hereby stipulates that the above - referenced
recitals are true and accurate representations of the corporate status of
REPUBLIC SERVICES. REPUBLIC SERVICES agrees that the
Consolidated Disposal Service's operations have been merged with and
transferred to REPUBLIC SERVICES and REPUBLIC SERVICES has
authorization and legal standing to execute this Agreement and to assume
all of the duties and responsibilities of Consolidated Disposal Service
under the FRANCHISES.
2. By signing this Agreement, Consolidated Disposal Service, LLC has
surrendered all rights to operate solid waste collection services within the
CITY limits and will hereafter operate all solid waste collection services
under the name of REPUBLIC SERVICES.
3. CITY hereby consents to the assignment of the CONSOLIDATED
DISPOSAL SERVICE FRANCHISE from Consolidated Disposal Service,
LLC to REPUBLIC SERVICES.
4. REPUBLIC SERVICES agrees to the following conditions of assignment:
(a) All terms and conditions of the CONSOLIDATED DISPOSAL
SERVICE FRANCHISE AGREEMENT shall remain in full force and
effect and become the full and complete obligation of REPUBLIC
SERVICES. REPUBLIC SERVICES agrees to fully comply with all
terms and conditions of the CONSOLIDATED DISPOSAL
SERVICE FRANCHISE AGREEMENT
(b) REPUBLIC SERVICES agrees that all solid waste collected by
REPUBLIC SERVICES will be disposed of per the provisions of the
CONSOLIDATED DISPOSAL FRANCHISE AGREEMENT at a
location identified by City.
(c) REPUBLIC SERVICES agrees that the FRANCHISES shall
terminate on January 9, 2006 and no extension of the Agreement is
granted by this Assignment.
(d) REPUBLIC SERVICES shall pay to CITY any and all deficient
franchise fees, or other fees, or penalties, or obligations incurred
under the FRANCHISES, as provided in #4, below.
5. REPUBLIC SERVICES shall be liable for payment to CITY of all
applicable fees and penalties associated with the CONSOLIDATED
DISPOSAL SERVICE FRANCHISE and all solid waste collection services
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performed by or under the name of Consolidated Disposal Service, LLC or
REPUBLIC SERVICES or any other predecessor or subsidiary entities
under the FRANCHISES during the term of Franchises through and
including September 10, 2002. REPUBLIC SERVICES agrees that
liability shall include, but not be limited to, the following:
(a) All current and outstanding franchise fees;
(b) All applicable charges associated with late payment of franchise
fees pursuant to Section 4 of the FRANCHISES;
(c) All applicable charges associated with reporting delinquencies
pursuant to Section 6 of the FRANCHISES;
6. REPUBLIC SERVICES agrees to submit any outstanding Disposal
Reports per Section 6 of the FRANCHISES.
7. The Board of Directors of REPUBLIC SERVICES have authorized
execution of this Agreement.
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WITNESS THE EXECUTION OF THIS AGREEMENT ON THE DATE WRITTEN
BELOW EACH SIGNATURE:
CITY OF NEWPORT BEACH,
a Municipal Corporation
Dated: S8 20D 3 By:_ �
Homer Bludau
City Manager
ATTEST
LaVonne Harkless
City Clerk
APPROVED AS TO FORM:
ROBIN CLAUSON
Assistant City Attorney
REPUBLIC SERVICES, I
Name:
Thomas J.
Title: President
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