HomeMy WebLinkAboutR-1995-163ATT T
City Clerk -uditor
APPROVED AS TO FORM & CORRECTNESS
By:
Fran C. Adler, City Attorney
RESOLUTION NO. 163-95
A RESOLUTION OF THE CITY OF DANIA, FLORIDA, CONSENTING
TO THE ASSIGNMENT BETWEEN INDUSTRIAL WASTE SERVICE,
lNC., AND BROWNING-FERR|S TNDUSTRTES OF FLORTDA; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMM|SSION OF THE CIry OF DANIA, FLORIDA:
Section 1. That that certain assignment by and between lndustrial wasteservice, lnc., a Florida corporation, and Browning - Ferris lndustries, a Florida
corporation, copy of which is attached hereto as Exhibit "A", be and the same is hereby
consented to and approved, and the appropriate city officials are hereby directed to
execute same.
Section 3. That this resolution shall be in force and take effect immediately
upon its passage and adoption.
PASSED AND ADOPTED on this 28th day of November, 1995
y' r- ,L
M6t€reomrniss''oner
Resolution No. 163-95
Section 2. That all resolutions or parts of resolutions in conflict herewith be
and the same are hereby repealed to the extent of such conflict.
Matthe,,. E. M"""Jl, F.4..
TELEPITONE, (305) 563-{005 TELACOPIER (3)5) 56&Z/5{
Novemberl6, '1 995
Ms. Marie Jabalee
City Clerk
City of Dania
Post Office Box 1708
Dania, Florida 33004
RE: ASSIGNMENT OF INDUSTRIAL WASTE SERVICE, lNC.
SOLID WASTE COLLECTION AND DISPOSAL AND
RECYCLING AGREEMENTS wlTH THE CITY OF DANIA
Dear Marie:
I have previously forwarded drafts of Assignments from lndustrial Waste Service,
lnc. to Browning-Ferris. lndustries of Florida, lnc. for your review. I am enclosing copies
of these in final for your review and comments.
As we discussed, Browning-Ferris lndustries purchased the parent company of
lndustrial Waste Service, lnc. (the Attwoods Corporation), and the attached Assignments
are requested as part of this transaction. Please call me if you have any questions or if
I can be of any help.
Very truly yours,
TNTERNATIONAL BfIILDING
I'ENTHOUSE W'EST
2455 EAST SLTNRISE BOTILEVARD
FoRT LAT]DF;RDALE. FLORIDA 5550{
/"/h-
Matthew E. Morrall
MEM/cjp
Enclosure
cc:Mr. Anthony Spadaccia
Browning-Ferris lndustries of Florida, lnc.
Jabale6.LVWS
IT IS UNDERSTOOD:
THAT INDUSTRIAL WASTE SERVICE, lNC., a Florida corporation, party of the first
part, in consideration of the sum of Ten Dollars ($10.00), lawful money of the United
States, to it in hand paid by BROWNING-FERRIS INDUSTRIES OF FLORIDA, lNC.,
C'BF|'), a Florida corporation, party of the second part, at or before the ensealing and
delivery of these presents, the receipt whereof is hereby acknowledged, has granted,
bargained, sold, assigned, transfered and set over and by these present does grant,
bargain, sell, assign, transfer and set over unto the said party ofthe second part all of its
right, title and interest in and to its contrac{ual rights to furnish garbage collection services
to the City of Dania, a Florida municipal corporation, as embodied in that municipal
garbage and trash collection and disposal Contract dated December 13, 1988, as
amended and modified, and the Residential Recycling Contract dated March 26, 1991 , as
amended and modified, and the Seacoast Sanitation Services, lnc. Contract dated October
1 , 1991 , as amended and assigned to lndustrial Waste Service, lnc., on January 1 1 , 1 994.
TO HAVE AND TO HOLD the same unto the said party of the second part, it's
nominees, assigns forever.
lN WITNESS WHEREOF, the party of the first part have hereunto set it's hand and
seals, this _ day of
-,
19_.
WITNESS:INDUSTRIAL WASTE SERVICE, INC.,
a Florida corporation
By
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this
-,
1995, by
(Title), of INDUSTRIAL
WASTE SERVICE, lNC., a Florida corporation, on behalf of the corporation.
1
He/She is
ASSIGNMENT
Attest:
STATE OF FLORIDA
personally known to me or has produced
identification.
My Commission Expires:
Assgn.Dan/lWS
(Signature of Person
Taking Acknowledgment)
(Title or Rank)
(Serial Number, if any)
as
2
(Name Typed, Printed or Stamped)
ACCEPTANCE F ASSIGNMENT
BY BROWNIN G-FERRIS INDUSTRIES OF FLORIDA,INC,
WITNESS:BROWNING-FERRIS INDUSTRIES OF
FLORIDA, lNC., a Florida corporation
By:
Robert Hely, Vice-President
Attest
CONSENT TO ASSIG N ENT
THE UNDERSIGNED, CITY OF DANIA, a Florida municipal corporation, hereby
consents to the Assignment to BROWNING-FERRIS INDUSTRIES OF FLORIDA, lNC.,
("BFl"), of the contrictual rights of INDUSTRIAL WASTE SERVICE, INC', ("lWS")' a
FloridJ corporation, to provide garbage collection services as set forth in the Municipal
Garbage and Trash Collection and Disposal Contracts between CITY OF DANIA and
INDUSIRAL WASTE SERVICE, lNC., successor by Assignment, dated Octobel1 , 1991 ,
as amended, the December 13, 1988 Solid waste Agreement, as amended and modified,
and the Residential Recycling Agreement dated March 26, 1991, as amended, in
consideration of the promises, covenants, undertakings and agreements on the part of BFl,
I
lN CONSIDERATION of the above Assignment and the written consent of the CITY
OF DANIA, a Florida municipal corporation, thereto the undersigned hereby assumes and
agrees to perform and keep all promises, covenants, conditions and agreements set forth
in the Garbage and Trash Collection and Disposal Contract dated October 1, 1991 , as
amended and modified between Assignee and the CITY OF DANIA to be made, kept and
performed and further agrees that no further assignment of the contractual rights described
in said Agreement, or any part thereof, will be made without the written consent of the
CITY OF DANIA first being had and obtained.
WITNESS the hand and seal of the undersigned Assignee, this
-
day of
_,1995.
to be performed as expressed in the above Assignment and Acceptance of Assignment.
WITNESS:CITY OF DANIA,
a Florida municipal corporation
By:
Attest
Executed by City, this _ day of 1995.
Accptnc.Dan/lWS
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