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RES 221299
City of Pleasanton
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RES 221299
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Last modified
7/14/2022 11:14:47 AM
Creation date
6/22/2022 11:32:12 AM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
6/7/2022
DESTRUCT DATE
PERMANENT
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City of Pleasanton Article 10. City's Right to Perform Service <br /> Franchise Agreement with Pleasanton Garbage Service <br /> <br />City of Pleasanton Page 115 June 7, 2022 <br />If the interruption or discontinuance in service is caused by any of the reasons listed in Section 11.7, the 4138 <br />City shall pay to Contractor the reasonable rental value of the equipment and facilities, possession of 4139 <br />which is taken by the City, for the period of the City's possession, if any, which extends beyond the period 4140 <br />of time for which Contractor has rendered bills in advance of service, for the class of service involved. 4141 <br />Except as otherwise expressly provided in the previous paragraph, the City's exercise of its rights under 4142 <br />this Article: (i) does not constitute a taking of private property for which compensation must be paid; (ii) 4143 <br />will not create any liability on the part of City to Contractor; and (iii) does not exempt Contractor from the 4144 <br />indemnity provisions of Article 9, which are meant to extend to circumstances arising under this Section, 4145 <br />provided that Contractor is not required to indemnify City against claims and damages arising from the 4146 <br />negligence of City officers, employees and agents in the operation of Collection vehicles during the time 4147 <br />the City has taken possession of such vehicles. 4148 <br />10.2 Duration of City’s Possession 4149 <br />City has no obligation to maintain possession of Contractor’s property and/or continue its use in 4150 <br />Collecting, Transporting, Processing, and Disposing Solid Waste, Recyclable Materials, Organic Materials, 4151 <br />C&D, or Bulky Items for any period of time and may, at any time, in its sole discretion, relinquish 4152 <br />possession to the Contractor. 4153 <br />The City’s right to retain temporary possession of Contractor’s property, and to provide Solid Waste, 4154 <br />Recyclable Materials, Organic Materials, C&D or Bulky Items Collection services, shall continue until 4155 <br />Contractor can demonstrate to the City’s satisfaction that it is ready, willing, and able to resume such 4156 <br />services or for one hundred eighty (180) calendar days, whichever occurs first. 4157
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