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1 RESOLUTION NO. 2 9 0 9
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
3 WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
4 ADDENDUM 1 TO THE SOLID WASTE DISPOSAL AGREEMENT BETWEEN THE
CITY OF AUBURN, THE BOEING COMPANY AND R.S.T. DISPOSAL, INC.,
5 TO EXERCISE THE OPTION TO RENEW THE AGREEMENT FOR AN
ADDITIONAL THREE (3) YEARS.
6
7 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
$ REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT:
9 SECTION 1. The Mayor and City Clerk of the City of
10 Auburn, Washington, are herewith authorized to execute
11 Addendum "1" to the Solid Waste Disposal Agreement between the
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CITY, THE BOEING COMPANY and R.S.T. DISPOSAL, INC., to
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exercise the option to renew the Agreement for an additional
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three (3) year term. The original Solid Waste Disposal
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Agreement was authorized by City of Auburn Resolution No. 2380
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17 dated March 3, 1993 and amended by Resolution No. 2860 dated
18 July 7, 1997. A copy of said Addendum "1" is attached hereto
19 as Exhibit "A" and incorporated herein.
20 SECTION 2. The Mayor is hereby authorized to implement
21 such administrative procedures as may be necessary to carry
22 out the directives of this legislation.
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Resolution No. 2909
January 14, 1998
Page 1
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1 DATED this>7't'~ day of February, 1998.
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CITY OF AUBURN
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5
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7 CHARLES A. BOOTH
MAYOR
g ATTEST:
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Danielle E. Daskam,
12 City Clerk
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APPROVED AS TO FORM:
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16
17 Michael J. Reynolds,
18 City Attorney
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Resolution No. 2909
January 14, 1998
Page 2 "
~~~~~~~~A L . .
1 ADDENDLTM " 1 " TO
2 SOLID WASTE DISPOSAL AGREEMENT
3
4 THIS Addendum "1" is made and entered into this a n=`~ day
5 of February, 1998, by and between the CITY OF AUBURN, a
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municipal corporation of the State of Washington, hereafter
7
referred to as "CITY", and THE BOEING COMPANY, a Delaware
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corporation, hereinafter referred to as "BOEING", and R.S.T.
9
lo DISPOSAL, INC., a Washington corporation, hereinafter referred
11 to as "R.S.T."
12 WHEREAS, the CITY, R.S.T. and THE BOEING COMPANY
13 heretofore entered into a Solid Waste Disposal Agreement on
14 March 15, 1993, as authorized by City of Auburn Resolution No.
15 2380 and amended by Resolution No. 2860 dated July 7, 1997;
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and
17
WHEREAS, the Agreement provided for a term of the
18
contract from March 3, 1993 to February 28, 1998, renewable
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upon mutual agreement by the parties for an additional three
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21 (3) year term pursuant to the same provisions and conditions
22 of the prior Agreement; and
23 WHEREAS, the parties hereto desire to amend said
24 Agreement as hereinafter set forth.
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Addendum "1" - City/Boeing/RST
Resolution No. 2909 Exhibit "A"
January 14, 1998
Page 1 [c/agree/a-cbrst2]
1 NOW, THEREFORE, in consideration of the covenants and
2 conditions of this Agreement, the parties agree as follows:
3 Section 1. PURPOSE: The purpose of this Addendum "1" is
4
to renew the prior Agreements and Amendments thereof between
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the parties for a term of three (3) additional years as
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provided in Section 7 of the original Agreement which reads as
7
follows:
8
9 "This Agreement shall be in effect from the
10 term of five (5) years with an option of
11 three (3) additional years on mutually
12 agreeable terms and shall commence on March
13 1, 1993 and shall terminate on February 28,
14 1998 or, if the option is exercised, on
15 February 28, 2001.".
16 gection 2. TERM: It is agreed pursuant to Section 7 of
17
the prior Agreement, that the Agreement between the parties is
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extended for three (3) years commencing on February 28, 1998
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and expiring February 28, 2001. The parties are not entitled
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21 to any renewal options under the terms of Addendum "1".
22 Ninety (90) days prior to the expiration of the Addendum
23 NN l" on February 28, 2001 the CITY shall initiate negotiations
24 between the parties to either extend the term of the Agreement
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26
Addendum "1" - City/Boeing/RST
Resolution No. 2909 Exhibit "A"
January 14, 1998
Page 2 [c/agree/a-cbrst2]
1 or negotiate provisions, conditions and term of a new Solid
2 Waste Collection and Disposal Agreement.
3
Section 3. REMAINING PROVISIONS: With the exception of
4
Section 7 of the prior Agreement amended as provided herein,
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all of the provisions and conditions of the prior Agreement
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and Amendments thereof, shall remain in full force and effect
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8 and shall apply to the Agreement renewed under this Addendum
9 NN1„
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10 IN WITNESS WHEREOF, the parties hereto have set their
11 hands the day and year first above written.
12
CITY OF AUBURN
13 ~
14 ~W~[!Ci . ~dc)e
CHARLES A. BOO H
15
MAYOR
16 ATTEST:
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18
lg Danielle E. Daskam,
City Clerk
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APPROVED AS TO FORM:
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22
1 ~
23 ~
'Michael J. Reynolds,
24 City Attorney
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26
Addendum "1" - City/Boeing/RST
Resolution No. 2909 Exhibit "A"
January 14, 1998
Page 3 [c/agree/a-cbrst2]
1
2 R NC.
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5 BY:
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7 TITLE:
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12 THE BOEING COMPANY
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B
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f f Q
17 TITLE : / ~C1 Lj I1 L ~ b 1 ~e.A-v'1~--
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Addendum "1" - City/Boeing/RST
Resolution No. 2909 Exhibit "A"
January 14, 1998
Page 4 (c/agree/a-cbrst2]
1 STATE OF WASHINGTON )
2 )ss
COUNTY OF KING )
3
On this 1-1 rt day of 1998, before me, the
4
undersigned, a Notary Public in and for the State of
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Washington, personally appeared 1- , L.e
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to me known to be the of R. S. T.
7
8 DISPOSAL, INC., the corporation who executed the within and
9 foregoing instrument, and acknowledged said instrument to be
10 the free and voluntary act and deed of said corporation, for
11 the uses and purposes therein mentioned, and on oath stated
12 that he/she is authorized to execute said instrument on behalf
13 of said corporation.
14
15 IN WITNESS WHEREOF, I have hereunto set my hand and
16 affixed my official seal the date hereinabove set forth.
17
18 i . ~
'
19
-20 NOTARY PUBLIC in and for the State of
Washington, residing at Lz~t,
-21Y - - MY COMMISSION ex ires : -
P L, - s t ~ cc i~
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Addendum "1" - City/BOeing/RST
Resolution No. 2909 Exhibit "A"
January 19, 1998
Page 5 [c/agree/a-cbrst2]
1 STATE OF WASHINGTON )
)ss
2
COUNTY OF KING )
3
4 On this day of ~Q~~~~i~i~ , 1998, before me,
5 the undersigned, a Notary Public in and for the State of
g Washington, personally appeared ,
7 to me known to be the
8 COMPANY, the corporation who executed the within and foregoing
9 instrument, and acknowledged said instrument to be the free
10 and voluntary act and deed of said corporation, for the uses
11 and purposes therein mentioned, and on oath stated that he/she
12
is authorized to execute said instrument on behalf of said
13
corporation.
14
15 IN WITNESS WHEREOF, I have hereunto set my hand and
16 affixed my official seal the date hereinabove set forth.
17
18
19
'20 ` NOTARY PUBLIC in and for the State of
Washington, residing at
~ :21 _ MY COMMISSION expires:
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Addendum "1" - City/Boeing/RST
Resolution No. 2909 Exhibit "A"
January 14, 1998
Page 6 [c/agree/a-cbrst2]
r
cHaxLES A. sooTli, MAYOR AUBURN CI'I'Y CLFRK
Danielle Daskam, City Clerk ~ 25 West Main, Auburn, WA 98001
Cathy Richardson, Deputy City Clerk I City Clerk: (253) 931-3039
Tamie Bothell, Records/License Clerk ),Business Registration: (253) 931-3007 Fax (253) 288-3132
1-~
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
I, Danielle Daskam, the duly appointed, qualified City Clerk of the City of Auburn,
a Municipal Corporation and Code City, situate in the County of King, State of
Washington, do hereby certify that the foregoing is a full, true and correct copy of
Resolution No. 2909 of the resolutions of the City of Auburn, entitled "RESOLUTION
NO. 2909."
I certify that said Resolution No. 2909 was duly passed by the Council and
approved by the Mayor of the said City of Auburn on the 2nd day of February, 1998.
Witness my hand and the seal of the City of Auburn this 25th day of March, 1998.
Danioalle Daskam, City Clerk
City of Aubum