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HomeMy WebLinkAboutReso. 1986 - 158 - Approving lease/purchase option agreement between the city of redding and anderson-cottonwood diusposal service • • RESOLUTION NO. 6f( /5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING LEASE/PURCHASE OPTION AGREEMENT BETWEEN THE CITY OF REDDING AND ANDERSON-COTTONWOOD DISPOSAL SERVICE, INC. OF FIVE DROP BOXES, AND AUTHORIZING THE MAYOR TO SIGN SAME. BE IT RESOLVED by the City Council of the City of Redding as follows: 1 . That the City Council of the City of Redding hereby approves the attached Lease/Purchase Option Agreement between the City of Redding and Anderson-Cottonwood Disposal, Inc. covering five drop boxes; and 2 . That the Mayor of the City of Redding is hereby authorized and directed to sign all necessary documents on behalf of the City of Redding, and the City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of the City of Redding on the aforesaid document, when appropriate; and 3 . That a true copy of the Lease/Purchase Option Agreement referred to herein is attached hereto and made a part hereof. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of vA NQ , . III . , . the City of Redding on the 7th day of July , 1986 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Carter, Dahl , Gard, & Ful ton NOES: COUNCIL MEMBERS: alone ABSENT: COUNCIL MEMBERS: Johannessen ABSTAIN: COUNCIL MEMBERS: None ZfiA,Zokft.--10'10 LEE D. FULTON, M.D. , Mayor_ City of Redding ATTEST:S ETHEL A. NICHOLS, City Clerk FORM. PROVED: RA DALL A. HAYS, C ty Attorney —2— . . , I . LEASE/PURCHASE OPTION MREEMENT THIS AGREEMENT, effective the day of , 1986 , by and between the CITY OF REDDING, a municipal corporation, hereinafter referred to as "City, " and ANDERSON-COTTONWOOD DISPOSAL SERVICE, INC. , a California corporation, hereinafter referred to as "Disposal" : WITNESSET H: WHEREAS , City has a supply of thirty-yard solid waste containers which, because of current operational needs, are now surplus; ani WHEREAS, Disposal is the type of business which has a need for thirty-yard solid waste containers; NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, the parties hereto agree as follows: 1 . Disposal will rent from the City five (5) thirty--yard "drop boxes" used for solid waste disposal . 2 . hisposal agrees to pay two hundred dollars ($200 . 00) per drop box per month, payable on or before the 10th day of each calendar month for each month o : rental . Payments for rental periods less than one month, if any , either at the beginning or end of the rental period , shall be prorated. 3 . The rental shell be on a month-to-month basis , subject • • • to termination by either party on thirty days written notice . 4 . It shall be the responsibility of Disposal to pay any required license fes , possessory .interest taxes , or other fees and charges which may be levied upon the use of the, containers by Disposal. 5. Disposal shall insure the containers for general liabil- ity, property damage, and theft. The City of Redding, its officers, agents and employees , shall be named as additional insureds. A certificate of insurance indicating the above shall be supplied to the City. Said certificate shall , as well, indicate that ten days notice will he given to City in the event of any cancellation or material change in the policy. 6 . Disposal acknowledges that it has inspected all units rented, and kinds them to be in satisfactory condition and free of defects , and acknowledges that no warranties express or implied have been made regarding the units. 7. Disposal warrants that it shall maintain all units rented and keep same in good repair, and return same in good repair at the end of the rental period. 8 .. Disposalagrees to indemnify and save harmless the City Of Redding , and its officers , agents , and ( I ?+ UvCe s , from any claim of any kind whatsoever. resulting from the use or mainten- ance of the rental units . 9 . City grants to Disposal the right to exercise a purchase option for the five (5) drop boxes, Disposalshall exercise the purchase option by November 1 , 1986 . it the time of the exercise of the purchase option, all previously made monthly payments shall be credited against the purchase price of the drop boxes . 10. Upon notice by Disposal to City of its intent to exercise the purchase option , City agrees to sell to Disposal five (5) drop boxes for a price of One Thousand Three Hundred Fifty Dollars ($1 , 350. 00) each, which price represents 75% of the original cost of the drop boxes. 11. Should Disposal fail to exercise its option by the time stated, Disposal agrees to return to City the five (5) drop boxes. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized representatives , effective the day and yeaZ fiS:st above .TYI 7'ter CITY OF REDDING By: LEE D. FULTON, M. D. , Mayor ANDERSON- COTTQNWOOD DISPOSAL • SERVIC}", /,7 • ( t/� , By N.--'091,4 ' — 11 OC.i N r ET117;17 7 . NTCHOLS , Ci t'y C-. ,TD FORM APPROVED: RAN;)ALL A. HAYS , City Attorney