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<br />~ AMENDMENT TO AGREEMEN~ A-2003-001 <br /> <br />THIS AMENDMENT, made and entered into this ~ day of January 2003, by and between USA <br />Waste of California, Inc. formally, Great Western Reclamation, a division of Waste Management <br />Collection and Recycling, Inc. hereinafter ("Contractor") and the City of Santa Ana, a charter city and <br />municipal corporation duly organized and existing under the Constitution and laws of the State of <br />California ("City"), collectively referred to herein as "the Parties". <br /> <br />1i <br />~¡Z <br />\Î <br /> <br />A. <br /> <br />L.U CI <br />-' L.U <br />¡:¡:L.U-J <br />zgë:)!\ <br />oæ!š~ <br />~lbI8J.:::. <br />~'Z u.. I,) B. <br />~>-o <br />c-<e~LL.i <br />,¿ 2 c::: l- <br />n-- L.U<e <br />~)~cjClc. <br />,"; 0 <br />=5: <br /> <br />D. <br /> <br />RECIIALS <br /> <br />The Parties entered into that certain agreement entitled "AGREEMENT FOR THE <br />COLLECTION AND HANDLING OF CONSTRUCTION AND DEMOLITION SOLID <br />WASTE GENERATED, PRODUCED AND/OR ACCUMULATED AT A TEMPORARY <br />CONSTRUCION SITE IN THE CITY OF SANTA ANA" dated January 2, 1996, <br />hereinafter referred to as "said Agreement", for providing the collection and removal of <br />construction and demolition materials generated at temporary construction sites; <br /> <br />On June 30, 2002, Parties amended said Agreement to extend the Term of said Agreement <br />in order to in order to provide continuous uninterrupted service under the Agreement; <br /> <br />Since the execution of the First Amendment to said Agreement, Parties have met to discuss <br />extending the Term of said Agreement and updating the Program Surcharge of said <br />Agreement to accurately reflect the current program surcharge; <br /> <br />The Parties hereto now desire to amend the Term and Program Surcharge of said <br />Agreement in order to in order to provide continuous uninterrupted service under the <br />Agreement and to increase the percentage paid to the City as a Program Surcharge to <br />accurately reflect said amount. <br /> <br />WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter <br />contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, <br />the parties hereto do hereby agree as follows: <br /> <br />1. Section 2, of said Agreement, pertaining to Term of said Agreement is hereby amended to change <br />the termination date of December 31, 2002, to January 31, 2003 with 11 one month options to <br />extend, to be authorized by the Executive Director of the Public Works Agency in order to provide <br />necessary continuous uninterrupted service to the City. <br /> <br />2. Section 7 of said Agreement, pertaining to Program Surcharge of said Agreement is hereby <br />amended to increase the program surcharge trom 6% to 10.6%. <br /> <br />3. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged <br />and in full force and effect. <br /> <br />IN WITNESS WHEREOF, the parties hereto have executed this Amendment to said Agreement the <br />date and year first above written. /- <br /> <br /> <br />