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HomeMy WebLinkAbout00139C - PA6 ALCHIAN 443-445 NPC TRASH WASTE ENCLOSURE p• ry Alchian-trash enclosure & mpster located at 443-445 NPC,PA#6 AGREEMENT #139, 9-27-85 Res 357,9-4-85,signed by ExDir AGREEMENT FOR TRASH SERVICES THIS AGREEMENT, made and entered into this a2� day of , 1985 by and between the Community Redevelopment Agency of the City of Palm Springs (hereinafter referred to as "Agency") Mary Alchian (hereinafter referred to as "Owner") and covering the Owner' s property at 443-445 North Palm Canyon Drive: WITNESSETH Whereas, the Agency has constructed a trash enclosure and shall provide a dumpster for the property at 443-445 North Palm Canyon Drive; and Whereas, the trash enclosure is within close proximity of other properties, including that of the Owner; and Whereas, the joint use of the trash enclosure by the Agency and other proper- ties, including that of the Owner, will eliminate the need for individual trash service and may result in a cost saving to all involved parties; NOW, THEREFORE, the Agency and the Owner do hereby agree and covenant one with the other in accordance with the following terms and conditions: TERM This agreement shall be for a period commencing October 1, 1985, and terminating in one year, and may be renewed for additional one year terms at the mutual consent of both parties. Notwithstanding any other provision of this agreement to the contrary, either party may terminate this agreement on not less than thirty (30) days written notice to the other party upon the failure of any party to this agreement to perform any duty or obligation bestowed on that party by the terms and provisions hereof. SERVICES PROVIDED The Agency agrees to contract with Waste Disposal Services, Inc. to provide trash services for the Owner's property in the form of a dumpster in the trash enclosure on the Agency's property at 425 North Palm Canyon Drive. Said dumpster shall be provided for the joint use of the Agency's tenants and the tenants of Owner's property and other properties which may be subject to agreements with the Agency for trash services. Trash pickup of the dumpster shall initially be provided twice weekly, and shall be increased to thrice weekly should observed usage of the dumpster warrant such an increase. COST OF SERVICES In exchange for trash services provided by the Agency, the Owner agrees to reimburse the Agency for a prorata share of the cost of the contract with Waste Disposal Services, Inc. Based upon the current rate for twice weekly trash pickup of approximately $86.00 per month, the 29 businesses and 10 apartments (counted double) to be served by the dumpster, and the 2 businesses and 2 apartments on the Owner's property, the Owner's prorata share of the cost of the contract is $10.50 per month. Should the usage of the dumpster warrant thrice weekly pickup, based upon the current rate of approximately $120.40 per month, the Owner's prorata share of the cost of the contract shall be increased to $15.00 per month. The Agency shall bill the Owner annually in advance. In addition to the monthly charge, there shall be a handling charge of $5.00 per billing. Therefore, the Owner's annual cost shall be $131.00 for twice weekly service or $185.00 for thrice weekly service. Any other change in the prorata share resulting from a charge in the number of properties served by the dumpster or a change in the rates charged by Waste Disposal Services, Inc. , shall occur at the time of renewal of this agreement. The Owner shall bear the entire cost of increased service beyond thrice weekly trash pickup occasioned by an increase in the trash generated by the uses on the Owner's property. ASSIGNMENT This agreement may be assigned to future owners of the Agency and/or Owner's properties at the mutual consent of both parties. AMENDMENT This agreement may be amended to reflect new conditions at the mutual consent of both parties GENERAL PROVISIONS 1. Any written notice to the parties hereunder shall be sufficient if deposited in the United States mail , postage prepaid, addressed as follows: AGENCY: Palm Springs Redevelopment Agency P.O. Box 1786 Palm Springs, CA 92263 OWNER: Mary Alchian 2223 Araby Drive Palm Springs, CA 92264 2. Any party may at any time change its address for the purposes of this agreement by giving the other party written notification thereof. Until said written notification is received, notice shall be given as set forth in the previous paragraph. 3. Should any litigation be commenced between the parties hereto, or their representatives, concerning any provision of this agreement, or the rights and duties of any parties relative hereto, the party or parties prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to a reasonable sum for attorney's fees and court costs. -2- 4. If any provision of this agreement should be held invalid, void or unen- forceable, the remaining provisions shall nevertheless continue in full force and effect, as long as the same will not do violence to this agreement. 5. To the extent permissible by the terms of this agreement and the applicable law, this agreement shall bind and the benefits thereof shall inure to the legal representatives, executives, administrators, successors, assigns, of the respective parties. 6. Captions of Articles, Sections of Paragraphs of this agreement are for convenience and reference only, and the words therein contained in no way shall be held to explain, modify, amplify, or aid in the interpreta- tion, construction, or meaining of the provisions of this agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as of the date and year first above written. ATTEST: PALM SPRINGS REDEVELOPMENT AGENCY n -Assistant Secretary Executive Directo Owner APPROVED AS TO FORM City Attorney Date l f -3-