HomeMy WebLinkAboutCC 4 HOLTHE DISPOSAL 04-20-81DATE:
APRIL 14, 1981
1 nter- Corn
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JAMES G. ROURKE, CITY ATTORNEY
LYDIA S. LEVIN, DEPUTY CITY ATTORNEY
SUBJECT:
CHANGE OF NAME, HOLTHE DISPOSAL
AS per your directions of March 16, 1981,
attached is a proposed "Consent to Name Change and
Amendment of Contract" to effect the change of name
from "Holthe Disposal" to "SCA Services of Orange
County". The Amendment will have no effect on the
responsibilities of the company under the present
contract.
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CONSENT TO NAME CHANGE AND AMENDMENT OF CONTRACT
THIS AGREEMENT is made and entered into this day of
, 1981, by and between the CITY OF TUSTIN,
a municipal corporation, hereinafter referred to as "City",
GREAT WESTERN RECLAMATION, INC., a California corporation, here-
inafter referred to as "Great Western", and SCA SERVICES OF
ORANGE COUNTY, a California corporation, hereinafter referred to
as "SCA".
WITNESSETH:
WHEREAS, City and Holthe Disposal Service have been parties
to that certain Solid Waste Collection Agreement dated May 5,
1972, pursuant to which Holthe Disposal Service agreed to and did
provide solid waste collection services within the City of Tustin;
and
WHEREAS, City, Ho!the Disposal Service, and Great Western
are ~a~ties to ti%at certain agreement entitled "Assumption of
Respcnsibilities and Consent to Assignment", dated May 3, 1977,
pursuant tc .~_%?rn %n~ parties agreed to an extension of the
term cf said So!id Waste Collection Agreement until June 30, 1983,
and p~rsuant %.D wk~ch Holthe Disposal Service further agreed to
assign all of its right, title and interest in and to that .certain
Solid Waste Collection Agreement by and between City and Holthe
Disposal Service dated M~y 5, 1972, to Great Western, and pursuant
to which Great Western agreed to and did assume each, every and
all of the duties, obligations and performances provided in the
said Solid Waste Collection Agreement dated May 5, 1972; and
WHEREAS, Great Western has continued to operate under the
name "Holthe Disposal Service" in the City of Tustin, but has
not used that name outside the City of Tustin; and
WHEREAS, Great Western has merged into another corporation--
namely, SCA Services of Orange County; and
WHEREAS, Great Western now desires to perform its obligations
under said Solid Waste Collection Agreement dated May 5, 1972,
and under said Assumption of Responsibilities and consent to
Assignment under the name of "SCA Services of Orange County";
and
WHEREAS, City is agreeable to the aforesaid.
NOW, THEREFORE, in consideration of the mutual covenants,
agreements and considerations contained herein, City, Great Western
and SCA hereby agree as follows:
~1~, Great Western and SCA hereby agree that
Great ~estern will ..... after perform all of its duties, obligations
~ pr~.';~ded in said Solid Waste Collection Agreement
and peJ~ances
dated ~a3 ~, i~ ~ ani under sa~d Assumption of Responsibilities
and CJnsent to Assignment dated May 3, 1977, under the name of
SCA Services of Orange County.
Section 2: Great Western and SCA hereby agree that said change
of name under which all duties, obligations and performances are
to be performed does not in any respect, other than the change of
name, alter the duties, obligations and performances provided in
said Solid Waste Collection Agreement dated May 5, 1972, and said
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Assumption of responsibilities and Consent to Assignment dated
May 3, 1977.
3. SCA hereby agrees to perform each, every and all of the
duties, obligations and performances provided in the said Solid
Waste Collection Agreement dated May 5, 1972, and the said Assump-
tion of Responsibilities and Consent to Assignment dated May 3,
1977, and hereby agrees with the City to fully and faithfully
perform said agreement and all the terms, conditions and provisions
thereof.
4. City hereby consents to the change of name from Great
Western to SCA Services of Orange County.
IN WITNESS WHEREOF, the parties hereto have executed this Consent
to Name Change and Amendment to Contract on the day and year first
above written.
CITY OF TUSTIN,
a municipal corporation
ATTEST: By
Mayor
City Clerk
GREAT WESTERN RECLAMATION, INC.,
a California corporation
By
By
SCA SERVICES OF ORANGE COUNTY,
a California corporation
By
By
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04/10/81
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