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<br />A-d.DOil - OC¡lj <br /> <br />AMENDMENT NO.1 <br />TO WASTE DISPOSAL AGREEMENT <br />WITH CITY OF <br /> <br />SANTA ANA <br /> <br />This Amendment No. I is made and entered into on this 22nd day of June 2004, by and <br />between the COUNTY OF ORANGE, a political subdivision of the State of California <br />(hereinafter "COUNTY") and CITY designated above (hereinafter "CITY"). The CITY is a <br />general law or charter city and political subdivision of the State of California. <br /> <br />RECITALS <br /> <br />WHEREAS, COUNTY and CITY entered into a Waste Disposal Agreement (hereinafter <br />"Agreement") on April 8, 1997, guaranteeing that CITY shall deliver or cause to be delivered to <br />the Orange County Landfill Disposal System, all of the municipal solid waste generated within <br />its jurisdiction for ten years; and <br /> <br />WHEREAS, COUNTY and CITY have agreed to a three-year extension of the <br />Agreement, amending the provisions for the Initial Term, Option to Renew, Calculation of <br />Average Annual Inflation, and Cumulative Tonnage Targets for County and Importation <br />Acceptable Waste. <br /> <br />NOW, THEREFORE, the parties hereto agree as follows: <br /> <br />I. <br /> <br />Section 6.1. subparagraphs (A), (B), and (C) are deleted and replaced with the <br />following: <br /> <br />(A) Initial Term. This Agreement shall become effective, shall be in full force and <br />effect and shall be legally binding upon the CITY and the COUNTY from the <br />Contract Date and shall continue in full force and effect until June 30, 2010, unless <br />earlier terminated in accordance with its terms, in which event the Term shall be <br />deemed to have expired as of the date of such termination. <br /> <br />(B) Option to Renew. This Agreement shall be subject to renewal by mutual <br />agreement of the parties, on or before June 30, 2008, for an additional term of ten <br />years (the "Renewal Term") on the same terms and conditions as are applicable <br />during the Initial Term hereof. The CITY shall give the COUNTY written notice of <br />its irrevocable election to renew this Agreement on or before June 30, 2008. If the <br />parties do not renew this Agreement by June 30, 2008, the Agreement shall expire on <br />June 30, 2010. <br /> <br />(C) Contract Rate During Renewal Term. In connection with the parties' right to <br />renew this Agreement for an additional ten-year term pursuant to Section 6.1 (B), the <br />parties shall, on or before June 30, 2008, negotiate an applicable change to the <br /> <br />WDA Amend 1 Santa Ana <br /> <br />Page 1 of6 <br />