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HomeMy WebLinkAbout2909 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 12 CITY, THE BOEING COMPANY and R.S.T. DISPOSAL, INC., to 13 exercise the option to renew the Agreement for an additional 14 three (3) year term. The original Solid Waste Disposal 15 Agreement was authorized by City of Auburn Resolution No. 2380 16 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. 23 24 25 26 Resolution No. 2909 January 14, 1998 Page 1 a~ 1 DATED this>7't'~ day of February, 1998. 2 3 CITY OF AUBURN 4 5 6 7 CHARLES A. BOOTH MAYOR g ATTEST: 9 10 11 ~ Danielle E. Daskam, 12 City Clerk 13 14 APPROVED AS TO FORM: 15 16 17 Michael J. Reynolds, 18 City Attorney 19 20 21 22 23 24 25 26 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 6 municipal corporation of the State of Washington, hereafter 7 referred to as "CITY", and THE BOEING COMPANY, a Delaware 8 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; 16 and 17 WHEREAS, the Agreement provided for a term of the 18 contract from March 3, 1993 to February 28, 1998, renewable 19 upon mutual agreement by the parties for an additional three 20 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. 25 26 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 5 the parties for a term of three (3) additional years as 6 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 18 extended for three (3) years commencing on February 28, 1998 19 and expiring February 28, 2001. The parties are not entitled 20 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 25 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, 5 all of the provisions and conditions of the prior Agreement 6 and Amendments thereof, shall remain in full force and effect 7 8 and shall apply to the Agreement renewed under this Addendum 9 NN1„ ' 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: 17 18 lg Danielle E. Daskam, City Clerk 20 APPROVED AS TO FORM: 21 22 1 ~ 23 ~ 'Michael J. Reynolds, 24 City Attorney 25 26 Addendum "1" - City/Boeing/RST Resolution No. 2909 Exhibit "A" January 14, 1998 Page 3 [c/agree/a-cbrst2] 1 2 R NC. 3 4 5 BY: 6 7 TITLE: 8 9 10 11 12 THE BOEING COMPANY 13 14 B 15 - 16 f f Q 17 TITLE : / ~C1 Lj I1 L ~ b 1 ~e.A-v'1~-- 18 19 ~ 20 21 22 23 24 25 26 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 5 Washington, personally appeared 1- , L.e 6 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~ 22 23 24 25 26 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: 22 23 24 25 26 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