HomeMy WebLinkAboutMINUTES - 12141993 - 1.125 REVISED 1.125
TO: ' BOARD OF SUPERVISORS Contra
FROM: VAL A.LEXEEFF - GMEDA DIRECTOR Costa
DATE: DECEMBER 14, 1993 C'ainty
SUBJECT: CONTRACT WITH WEST CONTRA COSTA COUNTY_. INTEGRATED WASTE MANAGEMENT
AUTHORITY REGARDING INTEGRATED RESOURCE RECOVERY FACILITY
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Authorize the Director of GMEDA or his designee to sign a letter to
Union Bank from the County and the West Contra Costa Integrated
Waste Management Authority (WCCIWMA) .
FISCAL IMPACT
None.
BACKGROUND/REASONS FOR RECOMMENDATIONS
On May 25, 1993 the Board approved a contract with the WCCIWMA
which allows the Authority to proceed with the Integrated Resource
Recovery Facility (IRRF) project. The Authority and the proposed
operators of the IRRF are finalizing the service agreement for the
operation of the facility_ and other documents necessary for the
financing of the project. The attached letter will provide the
Bank with assurance that the County will abide by the terms of the
Contract and financing requirements. Additionally, the attached
Tetter confirms the mutual understanding of the County and the
Authority regarding the extent to which the County has delegated
certain responsibilities to the Authority under the County-
Authority Contract.
CONTINUED ON ATTACHMENT: ✓ YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF D COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON % APPROVED AS RECOMMENDED ><� _ OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
7� UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact: Louise Aiello (510/646-1550) ATTESTED .CQ�e�-,��-✓��,
cc: Community Development Department (CDD) PHIL BATCHELOR, CLERK OF
County Counsel THE BOARD OF SUPERVISORS
Val Alexeeff, GMEDA Director AND COUNTY ADMINISTRATOR
Norris & Norris (via CDD)
WCCIWMA (via CDD)
BY _, DEPUTY
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DRAFT
Union Bank
RE: Financing of West Contra Costa Integrated Resource Recovery Facility
Dear Sirs:
The purpose of this letter is to clarify the rights and duties of Contra Costa County
(the "County") and the West Contra Costa Integrated Waste Management Authority
(the "Authority") with respect to the proposed West County Integrated Resource
Recovery Facility to be developed by West County Resource Recovery, Inc. (the
"Company").
The Company will develop, subject to regulation by the Authority, an integrated
resource recovery facility in West Contra Costa County (the "IRRF"). The financing
for the IRRF will be from equity contributed by the Company and from the proceeds
of bonds to be issued by the California Pollution Control Financing Authority (the
"CPCFA") and supported by a letter of credit issued by Union Bank (the "Bank").
The County and the Authority have entered into an agreement dated May 25, 1993
and entitled (the "Authority-County Contract") under the
terms of which the rights and the obligations of the County and the Authority are set
forth in full.
The Authority and the Company have entered into an agreement regarding the '
development, operation and maintenance of the IRRF (the "Service Agreement").
The Authority and the County make the following representations and warranties to
one another and to the Bank:
1. The Authority-County Contract establishes the relationship between the
Authority and the County and nothing contained in the Service
Agreement grants to the Authority any rights, power, jurisdiction, or
control that the Authority does not otherwise have vis a vis the County
under the terms of the Authority-County Contract or under the law,
generally.
2. The County intends to fully comply with the terms of the Authority-
County Contract.
The Authority and the County are authorized to make these representations and
warranties to one another and to the Bank and the persons whose names are
subscribed below are duly authorized to execute this letter on behalf of the County
and the Authority, respectively.
CONTRA COSTA COUNTY
WEST CONTRA COSTA INTEGRATED WASTE MGMT. AUTHORITY