MADISON MATERIALS 1a - 2006 - Laserfiche WebLink

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il'iSU,i"rWt NOT ~~Q~IR~g VVOfiK M~Y PROCEED CLERK OF COUNCIL DATE: 1- a...D-DW A-2006-078 (): Pw!4 (.) I II MtlL) I FIRST AMENDED AND RESTATED AGREEMENT FOR MADISON MATERIALS AND CITY OF SANTA ANA HOST FEE AGREEMENT This FIRST AMENDED AND RESTATED AGREEMENT, made and entered into this.-7 ~ day of ~d L , 2006 by and between the City of Santa Ana, a charter city and municipal corporation du1y authorized under the Constitution and laws of the State of California (referred to herein as "City")," and Madison Materials (hereinafter "CONlRACTOR"). REC!TAL~ 1. The Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989, Division 30 of the California Public Resources Code, commencing with Section 40000 ("CIWMA"), declares that it is within the public interest to authorize and require local agencies to make adequate provisions for Solid Waste handling and recycling within their jurisdictions. 2. In the opinion of the City Council of the City of Santa Ana, the public health, safety and well being desire the recycling and reuse of construction and demolition debris and inert debris that may otherwise be disposed in landfills. 3. On October 3, 2005, CITY and CONlRACTOR entered into an agreement for such construction and demolition debris processing (the "Original Agreement"). 4. Since the execution thereof, CITY and CONlRACTORjointly concur that it wou1d be in the best interest of the CITY, its residents and businesses therein that the Original Agreement be amended to extend the term of the Agreement and to ensure the fees charged to Customers remain affordable and competitive. 5. The Original Agreement is schedu1ed to terminate on June 30, 2008, and provides an option to extend the Original Agreement for an additional seven (7) years. 6. On April 3, 2006, the City Council of the City of Santa Ana voted to authorize a ten- year extension of the Original Agreement upon termination of the Original Agreement. The Parties hereto desire to amend the term of said Original Agreement until June 30, 2018. 7. In addition, the CITY hereby desires that the fees charged to Customers remain affordable and competitive. To effectuate this goal the CITY desires to incorporate a new term that will allow the CITY the flexibility to regu1arly evaluate the Customer rate. NOW, THEREFORE, for the reasons recited above, and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: