HomeMy WebLinkAboutAgreement A-24-072 Assignment of Agreement 10-390.pdf 23-1250 Agreement No. 24-072
1 AGREEMENT FOR ASSIGNMENT OF RIGHTS
AND DELEGATION OF DUTIES
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3 This Agreement for Assignment of Rights and Delegation of Duties
4 ("Assignment") is made and entered into this 6th day of February, 2024, by and
5 between Granite Solid Waste, Inc., a California corporation (hereinafter "ASSIGNOR")
6 and Mid Valley Disposal, LLC, a California Limited Liability Company (hereinafter
7 "ASSIGNEE"), subject to the approval and consent of the County of Fresno, a political
8 subdivision of the State of California ("County").
9 Recitals
10 A. ASSIGNOR is the current Designated Contractor authorized to operate
11 the Shaver Lake Transfer Station ("SLTS") and provide solid waste disposal services to
12 the public on behalf of the County, pursuant to agreements between the County and the
13 Designated Contractors and in accordance with all applicable federal and State
14 regulations pertaining to solid waste facilities, as well as Chapters 8.20 ("Solid Waste
15 Disposal") and 8.27 ("Organic Waste Disposal Reduction Program") of the Fresno
16 County Ordinance Code.
17 B. The principals of ASSIGNOR have determined that they desire to cease
18 engaging in the solid waste transfer station operation, while ASSIGNEE is interested in
19 assuming ASSIGNOR's obligations at the SLTS pursuant to an assignment of
20 ASSIGNOR's agreement with the County.
21 C. The County's consent is required as a precondition of the effectiveness of
22 any such assignment of ASSIGNOR's contractual duties under the subject agreement
23 between ASSIGNOR and the County.
24 The parties therefore agree as follows:
25 1. ASSIGNMENT:
26 In consideration of the foregoing, and for value received, the sufficiency of which
27 is hereby acknowledged, ASSIGNOR hereby assigns to ASSIGNEE all of ASSIGNOR's
28 rights and interests in and to that certain agreement dated July 13, 2010, by and
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1 between ASSIGNOR and the County of Fresno, entitled "Shaver Lake Transfer Station
2 Agreement" (and denominated as Fresno County Agreement No. 10-390, to include all
3 subsequent amendments, hereinafter "Subject Agreement"); and by this assignment,
4 ASSIGNOR further delegates to ASSIGNEE all of ASSIGNOR's duties and obligations
5 of performance under the Subject Agreement, concerning the provision of solid waste
6 transfer station operation.
7 2. ACCEPTANCE:
8 ASSIGNEE hereby accepts assignment of the Subject Agreement, subject to all
9 of the terms and conditions thereof(including the requisite consent by County to such
10 assignment, which if given shall be evidenced by the execution hereof on the County's
11 behalf by the Chairman of its Board of Supervisors); and by its acceptance of said
12 assignment, ASSIGNEE agrees to assume and perform all duties and obligations of
13 ASSIGNOR under the Subject Agreement, and further to hold ASSIGNOR harmless
14 from any liability for performance or nonperformance of such obligations, from and after
15 the effective date of this assignment throughout the remaining term of the Subject
16 Agreement.
17 3. AUTHORIZATION:
18 Each person executing this agreement in a representative capacity hereby
19 warrants and represents that he or she is authorized to do so and that his or her
20 signature shall be binding on that party.
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1 EXECUTED AND EFFECTIVE as of the date set forth above.
2 Granite Solid Waste, Inc, as "Assignor" COUNTY OF FRESNO
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4 By: By:
Joe-DeLecce,`Preside of Nathan Magsig, Chairman of the
5 /.6ranite Solid Waste, inc. Board of Supervisors of Fresno County
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h%iid Valley Disposal, LLC, as "Assignee"
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By:
9 Joe Kalpakoff, Managing Member of
Mid Valley Disposal, LLC
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ATTEST.
12 Bernice E. Seidel
Clerk of the Board of Supervisors
13 County of Fresno, State of California
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By_
15 Deputy
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