HomeMy Public PortalAboutWaste Management Agmt Amendment 2013FOURTH ADDENDUM TO
SOLID WASTE AND RECYCLING COLLECTION FRANCHISE AGREEMENT
THIS AGREEMENT is made and entered this rh day of
le , 2013, by and between THE TOWN OF GULF STREAM, FLORIDA
(here nafter the 'TOWN'), and WASTE MANAGEMENT INC. OF FLORIDA, a
Florida corporation (hereinafter the "CONTRACTOR").
WITNESSETH:
WHEREAS, the TOWN and CONTRACTOR are parties to the current
Solid Waste and Recycling Collection Franchise Agreement (the "Agreement") by
virtue of an assignment by Browning-Ferris Industries of Florida, Inc. to
CONTRACTOR, such assignment having been approved and ratified by the
TOWN; and
WHEREAS, parties entered into that certain Addendum to Solid Waste
and Recycling Collection Franchise Agreement on August 8, 1997 ("First
Addendum"); and
WHEREAS, the parties entered into that certain Addendum to Solid Waste
and Recycling Collection Franchise Agreement on September 11, 2003 ("Second
Addendum"); and
WHEREAS, the parties entered into that certain Third Addendum to Solid
Waste and Recycling Collection Franchise Agreement on August 18, 2008 ("Third
Addendum"); and
WHEREAS, the TOWN and the CONTRACTOR wish to amend the
Agreement to provide for extension to the term as contemplated in Section 1 of
the Agreement and to eliminate the fuel surcharge provision in Paragraph 17 (C).
NOW, THEREFORE, in consideration of the mutual covenants, promises
and understandings set forth herein and for other good and value consideration,
which is hereby acknowledged, the parties hereto agree as follows:
1. The foregoing recitations are true, correct and incorporated herein
as if set forth at length.
2. Paragraph 1 of the Agreement entitled `TERM" is hereby amended
to read as follows:
The term of this Agreement shall be for the period beginning October 1,
1993, and expiring September 30, 2018. This Agreement may be
extended and renewed for additional five (5) year terms upon mutual
agreement of the parties.
3. Paragraph 17 (C) Fuel Surcharge and Exhibit A Fuel Surcharge
Table are deleted.
4. CONTRACTOR shall pay a one-time administrative -fee of Two
Thousand Three Hundred Ten Dollars ($2310.00) to the TOWN within sixty (60)
days of the execution by all parties of this Fourth Addendum.
5. All other terms and provisions of the Agreement are hereby ratified
and confirmed except as expressly herein amended and modified.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals the day and year first hereinabove written.
Wit esses:
TOWN OF GULF STREAM, FLORIDA
By:
IVA-CD
Pri t Name
U(P.Q. CfZU Z
Print Name
STATE OF FLORIDA
Attest: kA7A, d -
-
Town Clerk
WASTE MANAGEMENT INC. OF FLORIDA, a
Florida Corporation
IV -
By:
KIMOVY HAWKINS, President
(Corporate Seal)
COUNTY OF BROWARD
AseflTennaV_�V_ 19 , du13
I hereby certify that on this day, before me, an officer duly authorized in the
aforesaid State and County to take acknowledgements, personally appeared TIM
HAWKINS, known to be President of WASTE MANAGEMENT INC. OF
FOLRIDA, a Florida Corporation, who acknowledged that he freely and
voluntarily executed the same under authority vested in him by said Corporation,
and that the seal affixed hereto is the true Corporate Seal of said Corporation.
A. C. SHERLOCK 1 - � _ _ k" C'
** MY COMMISSION I EE 852M Notary Public, State of Florida
EXPIRES; November 19,2016
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