WM 05 4th Amendment Through 2017FOURTH AMENDMENT TO FRANCHISE AGREEMENT
THIS FO RTH AMENDMENT TO FRANCHISE AGREEMENT is made this /6 -4
day of 2011 by and between the CITY OF OKEECHOBEE, FLORIDA, a
municipal corporation ( "City ") and WASTE MANAGEMENT INC. OF FLORIDA,
successor by merger to L.P. Sanitation, Inc., ( "Contractor ").
WITNESSETH
WHEREAS, the City and Contractor are parties to that certain Franchise Agreement
dated July 7, 1987, which provides for solid waste collection services with 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 rights of the City, this franchise shall remain in full
force and effect until September 30, 2017; provided furthermore, this franchise may
thereafter be renewed for consecutive five (5) year periods 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
delivered 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 3rd Avenue,
Okeechobee, Florida 34974."
2. Annual Review. Section 29, first paragraph, fourth sentence is deleted and
replaced with the following: "The new annualized collection portion and non -fuel
related component of the rates shall not exceed a cap of 4 % in any year."
The following sentence is added to the end of Section 29:
"The Contractor waives adjustments for changes in the CPI and the cost of fuel that it
might otherwise be entitled to for the period October 1, 2011 to September 30, 2012."
3. All provisions of the Agreement not specifically modified herein shall remain in
full force and effect.
IN WITNESS WHEREOF, the undersigned set their hands and seals this 2.3
day of 141-2011.
Attest:
Lane
miotea,
MC, City Clerk
APPROVED FOR LEG : S FFICIENCY:
John R. Cbok,.City Attorney
Waste Management Inc of Florida
by:
echobee, Flori a
ames E. Kirk, Mayor