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This Third Amendment ("Third Amendment" ) is hereby made and entered into this <br /> 23rd day of September , 2008 , with an Effective Date of October 1 , 2008 , between Indian <br /> River County Solid Waste Disposal District , a dependent special district of Indian River <br /> County , Florida , whose address is c/o Indian River County Utilities Department , 1801 27th <br /> Street , Vero Beach , Florida 32960 , (" District") and Republic Services of Florida , L . P . d/b/a <br /> Treasure Coast Refuse , Delaware Limited Partnership , whose address is 3905 Oslo Road , <br /> Vero Beach , Florida 32968 (" Franchisee " ) . <br /> Background Recitals <br /> 1 . The District and the Franchisee entered in a franchise agreement ("Agreement") on <br /> September 3 , 2002 , wherein the Franchisee was authorized to provide residential solid waste <br /> collection service , residential recycling collection service , commercial collection service , and <br /> certain construction and demolition debris service , as set forth therein . <br /> 2 . Effective September 6 , 2004 , the District and the Franchisee entered in an Emergency <br /> Contract Memorandum Of Understanding Supplemental to Franchise Agreement (" Frances <br /> Memorandum of Understanding ") in connection with Hurricane Frances Generated Debris <br /> (as therein defined ) to supplement the existing provisions of Sections 13 . 17 ; 13 . 17 . 1 ; <br /> 13 . 17 . 2 and 13 . 18 of the Agreement . The Frances Memorandum of Understanding was <br /> deemed to be the First Amendment to the Agreement . <br /> 3 . Effective September 26 , 2004 , the District and the Franchisee entered in an Emergency <br /> Contract Memorandum Of Understanding Supplemental to Franchise Agreement ("Jeanne <br /> Memorandum of Understanding ") in connection with Hurricane Jeanne Generated Debris (as <br /> therein defined ) to supplement the existing provisions of Sections 13 . 17 ; 13 . 17 . 1 ; 13 . 17 . 2 <br /> and 13 . 18 of the Agreement . The Jeanne Memorandum of Understanding was deemed to be <br /> the Second Amendment to the Agreement . <br /> 4 . As required by section 12 . 3 . of the Agreement , where the Franchisee seeks an <br /> adjustment of any charges established and approved by the Board , a public hearing shall <br /> be held on the request . <br /> 5 . The required supporting data were submitted to the Board for review and presentation <br /> prior to the duly- noticed public hearing held on September 23 , 2008 . <br /> 6 . This Third Amendment was approved by the Board following the close of the <br /> September 23 , 2008 public hearing . <br /> 7 . The District and the Franchisee desire to amend certain of the terms of the Agreement as <br /> set forth herein . <br /> NOW, THEREFORE , in consideration of the mutual promises and agreements <br /> contained herein and other good and valuable consideration , the receipt and sufficiency of <br /> which are hereby acknowledged , the District and the Franchisee agree as follows : <br /> 1 . From and after the effective date of this Third Amendment , the existing Article 2 <br /> of the Agreement is deleted in its entirety and replaced with the following : <br /> 2 <br />