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25B - AGMT - WASTE DISPOSAL
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25B - AGMT - WASTE DISPOSAL
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5/14/2015 4:59:45 PM
Creation date
5/14/2015 4:44:03 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25B
Date
5/19/2015
Destruction Year
2020
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"SECTION 6.1 EFFECTIVE DATE AND TERM <br />(.A) Initial Term. `Phis Agreement shall continue in full force and effect until June <br />30, 2025, unless earlier terminated in accordance with its terms, in which event the Term shall <br />be deemed to have expired as of the date of such termination. <br />(B) Option to Renew, This Agreement shall be subject to renewal by mutual <br />agreement of the parties, on or before June 30, 2023, for an additional term of ten years (the <br />"Renewal Term ") on the same terms and conditions as are applicable during the Initial Term <br />hereof. The City shall give the County written notice of its irrevocable election to renew this <br />Agreement on or before June 30, 2022. If the parties do not renew this Agreement by June 30, <br />2023, the Agreement shall expire on June 30, 2025." <br />((t) The first sentence of Section 6,1 (C,) of the Original Waste Disposal Agreement is deleted in <br />its entirety and replaced with the following: <br />"hr connection with the parties' right to renew this Agreement for an additional ten -year term <br />pursuant to Section 6.I(E), the parties shall, on or before June 30, 2023, negotiate an applicable <br />change in the Contract Rate for such renewal term." <br />(e) Appendix 2 of the Original Waste Disposal Agreement is deleted in its entirety and <br />replaced with the form attached hereto. <br />(f) Appendix 5 shall be added to the Original Waste Disposal Agreement as a now appendix, in <br />the form attached hereto. <br />(g) All other terms and conditions of the Original Waste Disposal Agreement shall remain in <br />full force and effect. <br />Section 2. Initial Payment. As consideration for the execution of this Amendment by all of the <br />Participating Cities, and subject to the occurrence of the Amendment Effective Date pursuant <br />to Section 3, the County agrees to pay, from the County OC Waste & Recycling Enterprise <br />Fund, the Amendment Payment to the Participating Cities listed in Appendix 5. The aggregate <br />Amendment Payment shall be $5,400,000, and shall be distributed to the individual <br />Participating Cities (including the City) in the percentages set forth in Appendix 5 by <br />September 30, 2016. <br />Section 3. Effectiveness of Amendment. The provisions of this Amendment shall not become <br />effective unless and until the Amendment has been executed by the County and all of the <br />Participating Cities. The date on which all of the Participating Cities have executed the <br />Amendment shall be the "Amendment Effective Date." The County shall give written notice of <br />the Amendment Effective Date to the City. In the event that the Amendment Effective Date <br />does not occur by June 30, 2015. this Amendment shall be automatically terminated and the <br />County shall have no obligation to make the Amendment Payment; provided, however that the <br />County Board of Sttpervisois may extend such automatic termination date to a date no later <br />than September 30, 2015. <br />2015 Antendincra to `Uaste Disposal A�ieemcnt <br />25B -7 <br />
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