WM 02 Extend Initial & 1st AmendTHIS EXTENSION AND AMENDMENT OF FRANCHISE AGREEMENT is made
this 22" day of September, 1998 be and between CITY OF OKEECHOBEE,
FLORIDA, a Florida municipal corporation "CITY and L.P. SANITATION, INC.,
a wholly owned subsidiary of Waste Management Inc. of Florida, a Florida
corporation "CONTRACTOR
WITNESSETH
FRANCHISE
AND
AMENDMENT OF FRANCHISE AGREEMENT
WHEREAS, the City and Contractor are parties to that certain Franchise
Agreement dated July 7, 1987, which provides for solid waste collection
services within the City boundaries (the "Franchise Agreement and
WHEREAS, the Franchise Agreement has been previously extended and modified;
and
WHEREAS, the parties desire to extend the term and make additional
modifications to the Franchise Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein
and for other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties agree as follows:
1. Term of Franchise. Section 2 of the Franchise Agreement is deleted
and replaced with the following:
"Subject to the termination of rights of the CITY, this franchise shall
remain in full force and effect until September 30, 2005; provided
furthermore, this franchise may thereafter be renewed for consecutive
seven (7) year period upon the same terms, conditions, and
limitations imposed hereby, CONTRACTOR shall give notice to the
CITY of an intent to extend this franchise agreement at the end of the
term, which notice shall be deliver to the CITY by Certified Mail,
Return Receipt Requested, not later than one hundred and eighty
(180) days prior to termination. For purposes of such notification, the
CITY's address shall be: City Clerk, City of Okeechobee, 55
Southeast 3r Avenue, Okeechobee, Florida 34974."
2. Residential Bulk Pickup. Section 3(a) is amended by adding the
following to the end of the last sentence:
"CONTRACTOR shall collect unlimited bulk items once per week on
a day scheduled by CONTRACTOR. All bulk items shall be of the
such size and weight so as to be handled by CONTRACTOR's "clam
shell" truck."
3. Cart Program. New Section. 3(b) is added as follows:
"The CITY has authorized and the CONTRACTOR shall implement
as soon as practicable, an automated cart program. A 96 gallon cart
will be provided to each residential curbside customer at the sole cost
and expense of CONTRACTOR. CONTRACTOR will use all
reasonable efforts to implement the cart program within ninety (90)
days but not to exceed one hundred and twenty (120) days of
execution of this Extension and. Amendment to Franchise Agreement.
All carts shall remain the property of CONTRACTOR. CONTRACTOR
shall be responsible for repair or replacement of carts due to normal
wear and tear, defects or damage caused by CONTRACTOR's
equipment and handling. The residential customer shall pay for
replacement or repair of any cart lost or damaged due to its
negligence or abuse. The price of said replacement cart shall be the
CONTRACTOR's actual cost of at the time of replaced."
4. Rates. Section 8 is amended by adding the following to the end of the
last sentence:
"The rates for CONTRACTOR's services are set forth in Schedule A
attached hereto and made a part hereof."
IN WITNESS WHEREOF, the parties have set their hands and seals this 2_5Ar(
day of i e' 1998.
L.P. SANITATION, a division of Waste Management Inc. of Florida
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Bonnie S. Thomas, CMC
City Clerk
APPROVED FOR LEGAL SUFFICIENCY:
j
John R. Cook, City Attorney
By:
Title: L/ t- c44sir G/(.4 ch,/ ed,..T
James E. Kirk, Mayor
4