HomeMy WebLinkAboutCC 3 SOLID WASTE 08-05-85TO:
FROH:
SUBJECT:
r Ik I A co,
' ~ ~ NO. 3
07/10/85
JUL
J~ES G. ROU~E~ CITY A~BEY
AMENDMENT TO AGREEMENT FOR COLLECTION OF SOLID WAST~
In 1983 the City entered into an agreement with Great Western
Reclamation, Inc. doing business as SCA Services of Orange County
for collection and transportation of solid waste refuse produced
or accumulated in the City of Tustin. Great Western Reclamation,
Inc. is a wholly owned subsidiary of SCA Services, Inc. and
since the Agreement was entered into in 1983 underwent certain
organizational changes and changes in the effect and control of
that corporation. The City's contractor has asked that the City
approve the change in ownership and for that purpose we have
prepared an Amendment to Agreement for Collection and
Transportation of Solid Waste Refuse Produced or Accumulated in
the City of Tustin which is enclosed herewith.
We recommend that the City Council authorize and direct the
execution of this Amendment and that the two enclosed copies of
the Amendment be executed, one to be retained in the City's
archives and the other to be returned to me for transmission to
Great Western Reclamation, Inc.
JGR:se :D: 7/1/85 (4)
*8/5/85
Enclosure
DICTATED BUT NOT READ
AMENDMENT TO AGREEMENT FOR COLLECTION
AND TRANSPORTATION OF SOLID WASTE REFUSE
PRODUCED OR ACCUMULATED IN THE CITY OF TUSTIN
CITY OF TUSTIN
GREAT WESTERN RECLAMATION, INC.
AMENDMENT TO AGREEMENT FOR COLLRCTION
AND TRANSPORTATION OF SOLID WASTE REFUSE
PRODUCED OR ACCUMULATED IN THE CITY OF TUSTIN
THIS AMENDMENT TO AGREEMENT is made and entered into this
day of 1985, between the City of Tustin, a
municipal corporation of the State of California (hereinafter
referred to as "City") and Great Western Reclamation, Inc. (herein,~
after referred to as "Contractor").
WI TNES SETH:
RECITALS:
1. Great Western Reclamation, Inc. is a corporation
organized and existing under the laws of the State of California
and has been and now is a wholly'owned subsidiary of SCA Services,
Inc., a Delaware corporation. Great Western Reclamation, Inc. has
previously been doing business under the fictitious firm name of
SCA Services of Orange County; however, for purposes of this Agree-
ment it will hereinafter use its true corporate name, to wit: Great
Western Reclamation, Inc. From March 30, 1973, to September 25,
1984, SCA Services, Inc., a Delaware corporation, was a publicly
held corporation with its shares traded on the New York Stock
Exchange. On September 25, 1984, SCA Services, Inc., a Delaware
corporation, became a wholly-owned subsidiary of WM Acquiring Corp.,
a Delaware_corporation, which was incorporated on June 6, 1984,
for the purpose of facilitating acquisition of SCA Services, Inc.
by Waste Management, Inc., a Delaware corporation. WM Acquiring
Corp. is a wholly-owned subsidiary of Waste Management, Inc. Waste
Management, Inc. at all times since June 16, 1971, has been a
publicly-held corporation with more than 10,000 shareholders and
its shares of common stock, of which there are presently in excess
of 48,000,000 outstanding, are traded on the New York Stock E~change.
2. Contractor has requested that the City Council approve
the foregoing corporate structure pursuant to the provisions of
paragraph 18 of the Agreement for Collection and Transportation
of Solid Waste Refuse Produced or Accumulated in the City of
Tustin dated August 1, 1983, by and between the City of Tustin
and Great Western Reclamation, Inc. (hereinafter "the Agreement").
NOW, THEREFORE, in consideration of the respective and
mutual covenants and promises hereinafter contained and made, and
subject to all the terms and conditions hereof, the parties hereto
do hereby agree that the Agreement for Collection and Transportation
of~Solid Waste Refuse Produced or Accumulated in the City of Tustin
between the parties dated August 1, 1983, be, and the same hereby
is, amended by the amendment of paragraph 18 to read as follows:
"18. Assignment: The Contractor shall
not assign, transfer, subcontract, delegate any
part of the performance or sell this Agreement or
any interest therein, or any privileges or rights
granted herein without the written consent of the
City first being obtained, and then only to a
person or persons approved by the City and subject
to such terms and conditions as the City may require.
Consent to one assignment shall not be deemed a con-
sent to any subsequent assignment. Any assignment
without such consent and approval shall be void and
shall., at the option of the City, terminate this
Agreement and the rights and privileges granted herein.
This prohibition shall extend to the sale or assignment
of a majority or controlling interest in the stock of
Contractor. Provided, further, that approval of the
City shall also be required as herein prescribed when
there is a change in effective control of any of the
following named corporations: Waste Management, Inc.,
WM Acquiring Corp., SCA Services, Inc. and Great Western
Reclamation, Inc. Consent to any assignment required by
the terms of this Agreement shall not De unreasonably
withheld."
3. This Agreement for Collection and Transportation of
Solid Waste Refuse Produced or Accumulated in the City of Tustin
dated August 1, 1983, shall remain in force and effect as originally
written except as provided herein.
CITY:
CONTRACTOR:
CITY OF TUSTIN
By
Mayor
GREA~ 7STE~RN REC~TION, .INC.
ATTEST:
City Clerk
ttorney