Residential Unit shall mean each and every lot or parcel of land that is improved for occupancy as a single-family
<br />residence, duplex, triplex, or quadraplex. The term also includes mobile or modular homes or trailers.
<br />Roll Cart shall mean a wheeled container designed and intended to be used for automated collection service.
<br />Single Stream refers to a recycling process that allows for Recyclables to be collected comingled, with containers
<br />and paper collected in the same Roll Cart or Recycling Bin.
<br />Sludge shall mean the accumulated solids, residues, and precipitates generated as a result of waste treatment or
<br />processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility,
<br />and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similar waste disposal
<br />appurtenances.
<br />Solid Waste as defined by Section 403.703(13), F.S., as may be amended, to mean Sludge that is not regulated under
<br />the federal Clean Water Act or Clean Air Act, as well as Sludge from a waste treatment works, water supply treatment
<br />plant, or air pollution control facility; or garbage, rubbish, refuse, special waste, or other discarded material,
<br />including solid, liquid, semi-solid, or contained gaseous material resulting from domestic, industrial, commercial,
<br />mining, agricultural, or governmental operations. For the purposes of this Agreement, Solid Waste shall not include
<br />Recyclable Materials.
<br />Solid Waste Franchise Area shall mean the specified area of the unincorporated County, as defined in Exhibit 2, for
<br />which Franchisee is granted the right to provide Residential Collection Service and Commercial Collection Service.
<br />SWDD means the Indian River County Solid Waste Disposal District (SWDD), a dependent special district of Indian
<br />River County, Florida.
<br />Uncontrollable Force shall mean any event that results in the prevention or delay of performance by a party of its
<br />obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It
<br />includes, but is not limited to fire, flood, hurricanes, earthquakes, storms, lightning, epidemic, war, riot, civil
<br />disturbance, terrorism, sabotage, and governmental actions. Labor disputes, including, without limitation, strikes
<br />and slowdowns, are not an Uncontrollable Force.
<br />Urban Service Area or USA shall mean a specific area within the Solid Waste Franchise Area, as defined in Exhibit 2,
<br />where "urban" commercial, industrial, and residential uses are allowed and where urban services are provided to
<br />serve development. Conversely, the areas lying outside the USA, or non -Urban Service Area (non -USA), are
<br />designated conservation or agricultural and are generally intended to be rural in nature with agricultural,
<br />conservation, and low density residential uses are allowed.
<br />Yard Trash shall mean vegetative matter resulting from yard and landscaping maintenance, including grass clippings,
<br />palm fronds, tree branches and other similar matter.
<br />ARTICLE 2. TERM
<br />2.1. Effective and Commencement Dates
<br />The Effective Date is the date the Agreement is executed and has been signed by SWDD or Franchisee,
<br />whichever date is later. The Commencement Date is the date that collection services required by this
<br />Agreement shall commence. The Commencement Date shall be October 1, 2015.
<br />2.2. Initial Term
<br />The term of this Agreement shall be for a period of seven (7) years beginning on the Commencement. Date,
<br />October 1, 2015, and terminating September 30, 2022.
<br />2.3. Renewal Option
<br />At the sole option of SWDD, this Agreement may be renewed for one (1) additional term of three (3) years
<br />under the same terms and conditions as the initial term, including amendments. Franchisee shall be
<br />notified by SWDD no later than September 30, 2021 of its intent to renew or not to renew the Agreement.
<br />If renewed, the additional three (3) year term will begin on October 1, 2022, and terminate on September
<br />30, 2025.
<br />Page 7
<br />
|