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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 Waste Management Inc. of Florida, a <br />Florida corporation, whose address is 2700 NW 48th Street Pompano Beach, <br />FI 33073 ("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 />prim 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 />