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CC Resolution 2007-048 RESOLUTION NO. 2007-048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA GUINTA APPROVIN~ AN EXCLUSIVE FRANCHISE AGREEMENT FOR SOLID WASTE HANDLING SERVICES WITH BURRTEC WASTE AND RECYCILING SERVICES. LLC. WHEREAS. The City of La Guinta wishes to award an exclusive franchise for the provision of solid waste handling and recycling services, and WHEREAS. Burrtec Waste and Recycling Services, LLC ("Burrtec") has been providing solid waste handling services in the City and has expressed a desire to continue to provide such services pursuant to the terms of conditions of the Agreement for Solid Waste Handling Services attached hereto and incorporated herein (the "Agreement"), and WHEREAS, City has evaluated Burrtec's qualifications and financial strength, and determined Burrtec has the ability to satisfactorily provide the services in the City which are set forth in the AgreemEmt; and WHEREAS, the City is willing to enter the Agreement with Burrtec, subject to the terms and conditions set forth in this Resolution and the Agreement, and thereby grant the exclusive franchise for solid waste handling services in the City to Burrtec as more fully set forth in the Agreement; and WHEREAS, California Public Resources Code Section 49300 requires the City Council to approve the terms of the proPOSl3g Franchise Agreement with Burrtec pursuant to a City Council Resolution. I NOW, THEREFORE. BE IT RESOLVED. that the City Council of the City of La Guinta does hereby resolve as follows: SECTION 1. The City Council hereby agrees to enter the Agreement with Burrtec and themby grant an exclusive franchise for solid waste handling in the City to Burrtec. subject to the terms and contingencies set forth in this Resolution and the attached Agreement. SECTION 2. The grant of the exclusive franchise contemplated by this Resolution is contingent upon Burrtec's satisfaction of all conditions, including specifically the conditions precedent set forth in the Agreement (such as, but not limited to, conditions relating to performance security, insurance, payment of fees, and such other conditions.) Resolution No. 2007,-048 Suntec Waste and Recycling Services Agreement Adopted: May 15. 2007 Page 2 PASSED, APPROVED. and ADOPTED at a regular meeting of the La Guinta City Council held on this 15th day of May, 2007, by the following vote: AYES: Council Members Henderson, Kirk. Osborne, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None ~oDt1, City of La Guinta, California ATTEST: ERONICA JOT CINO; CMC, City Clerk City of La IIlta, CaUfornia (CITY SEAL) APPROVED AS TO FORM: ~