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WASTE DISPOSAL AGREEMENT <br />THIS WASTE DISPOSAL AGREEMENT is made and dated as of the date indicated on the cover page <br />hereof between the County of Orange, a political subdivision of the State of California (the "County"), and the City <br />designated on the cover page of this Agreement, a general law or charter city and political subdivision of the State of <br />California (the "City"). <br />RECITALS <br />The County owns, manages and operates a sanitary landfill system for the disposal of municipal solid waste <br />generated by the cities and the unincorporated area within the County (the "Disposal System"). The Disposal <br />System includes three active landfills and four regional household hazardous waste collection centers. <br />The Disposal System is used for the disposal of municipal solid waste which is not reused, recycled or <br />otherwise diverted from landfill disposal, pursuant to the California Integrated Waste Management Act of 1989 <br />(Division 30 of the California Public Resources Code) (the "Act"). <br />The City, in the exercise of its police power and its powers under the Act, has entered into a franchise or <br />other agreement with or issued permits or licenses to one or more private haulers for the collection and disposal of <br />municipal solid waste generated within the City. <br />A significant portion of municipal solid waste generated within the City historically has been and currently <br />is delivered by such hauler or haulers to the County for disposal in the Disposal System. <br />In 1997, the City and the County entered in a waste disposal agreement (the "Original WDA"), pursuant to <br />which the County agreed to provide disposal capacity for waste generated in the City, and the City agreed to deliver <br />or cause the delivery of waste generated in the City to the Disposal System, as more specifically set forth in, and <br />subject to the terms and conditions of, the Original WDA. <br />The Original WDA, as amended, will expire by its terms on June 30, 2010, unless the City and the County <br />agree to renew the Original WDA. <br />The City and the County desire to enter into this agreement to extend, amend and restate the Original <br />WDA, on the terms and conditions set forth herein. The County and City acknowledge that the Original WDA shall <br />remain in full force and effect until the Commencement Date. <br />The City has determined that the execution of this Agreement by the City will serve the public health, <br />safety and welfare of the City by providing greater disposal rate stability, more predictable and reliable long-term <br />disposal service, and the continuation of sound environmental management. <br />The County has determined that the execution by the County of this Agreement will serve the public health, <br />safety and welfare by providing a more stable, predictable and reliable supply of municipal solid waste and the <br />resulting service payment revenue to the Disposal System, thereby enabling the County to plan, manage, operate and <br />finance improvements to the Disposal System on a more prudent and sound long term, businesslike basis consistent <br />with its obligations to the State and the holders of obligations secured by its Disposal System. <br />Official action approving this Agreement and determining it to be in the public interest and authorizing its <br />execution and delivery was duly taken by the County on the County authorization date indicated on the cover page <br />hereof. <br />Official action approving this Agreement and determining it to be in the public interest and authorizing its <br />execution and delivery was duly taken by the City on the City authorization date indicated on the cover page hereof. <br />It is, therefore, agreed as follows: <br />Execution Copy <br />