5.5. SR 08-19-1996 - Laserfiche WebLink

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NOW, THEREFORE, it is agreed by and between the parties: 1. The City of Elk River approves the transfer of the Contract from East Tonka to Randy's for the remainder of the contract term, which expires on Oct. 31, 1996. Such approval does not limit any rights the City has under the contract, including termination rights. 2. The City finds that the transfer does not create an anti-trust situation in the local refuse hauling industry that is contrary to the public interest of the residents of Elk River. 3. In lieu of submitting a detailed financial statement to the City, Randy's shall execute and deliver to the City a performance bond in the sum of $100,000 conditioned upon faithful performance of the Contract and this Agreement. 4. Randy's expressly assumes ail of the obligations of service under the Contract and this Agreement and agrees to be subject to all of the conditions and restrictions to which service is subject. 5. Randy's agrees that the transfer of the Contract shall not operate legally or practically to deprive the City of any rights, remedies or controls provided in the Contract or this Agreement. 6. Randy's will deliver all garbage or solid waste collected under the Contract to the RDF plant, unless the plant is unable to accept such waste. In this event, Randy's shall consult with the City and deliver the waste to a location determined by the City. 7. Randy's will comply with all ordinances of the City and all laws and regulations of the State of Minnesota, as required under IV.E.5(a) of the Contract. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year written below. CITY OF ELK RIVER RANDY'S SANITATION~ INC. By: 'By: Henry A. Duitsman Randy Roskowiak Its: Mayor Its: President By: Patrick D. Klaers Its: City Administrator Date: Date: KDI 251557 2.