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<br />MEMORANDUM <br /> <br />. <br /> <br />LARKIN, HOFFMAN, DALY & LINDGREN, LTD. <br />Attorneys at Law <br />1500 NONeS! Financial Center <br />7900 Xerxes Avenue South <br />Bloomington, Minnesota 55431 <br />Telephone: (612) 835-3800 <br />FAX: (612) 896-3333 <br /> <br />TO: <br /> <br />Mayor Henry A. Duitsman and <br />Members of the City Council <br /> <br />Peter Beck, City Attorney <br /> <br />September 22, 1994 <br /> <br />Sale of Peterson Brothers Sanitation, Inc. to <br />Woodlake Sanitary Service, Inc. <br /> <br />FROM: <br />DATE: <br />RE: <br /> <br />Staff has been informed that Woodlake Sanitary Service, Inc. <br />(Woodlake), a wholly owned subsidiary of Browning-Ferris Industries, <br />is in the process of buying Peterson Brothers Sanitation, Inc. <br />(Peterson). The City's Agreement for Garbage, Refuse and Recycling <br />Collection with Peterson (the Agreement) requires that Peterson not <br />sell any interest in the Agreement without the prior written <br />approval of the City. The Agreement further provides that City <br />approval will not be unreasonably withheld. <br /> <br />The Agreement goes on to allow the City to require, as a condition <br />. to its approval, that: <br /> <br />1. The proposed transferee show that it has the financial <br />resources to fulfill Peterson's obligations under the <br />Agreement; <br /> <br />2. The transfer does not create an anti-trust situation; <br /> <br />3. The transferee expressly assumes all of Peterson's <br />obligations under the Agreement and agrees to be subject to <br />all of the conditions and restrictions of the Agreement; <br /> <br />4. The transferee submit documentations of its insurance <br />coverage as required by the Agreement. <br /> <br />. <br /> <br />Woodlake has submitted a letter on Browning-Ferris Industries' <br />stationery expressly assuming all obligations of service and <br />agreeing to all conditions and restrictions of the Agreement. <br />Attached to this letter is a copy of the consolidated balance sheet <br />of Browning Ferris Industries and Browning Ferris Industries' <br />certificate of insurance. The letter and attachments from Woodlake <br />appear to comply with the requirements of the Agreement. Therefore, <br />staff recommends that the transfer from Peterson Brothers <br />Sanitation, Inc. to Woodlake Sanitary Service, Inc., be approved, <br />subject to Woodlake executing an agreement with the City for <br />garbage, refuse and recycling collection in the same form as the <br />existing agreement. <br /> <br />Attachment <br />