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2019-199A
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2019-199A
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Last modified
12/30/2019 3:02:37 PM
Creation date
12/30/2019 3:01:47 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/19/2019
Control Number
2019-199A
Agenda Item Number
15.B.4.
Entity Name
Atlas Organics Indian River, LLC
Subject
Agreement for the SWDD yard waste processing and recycling services
Area
Indian River County
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a more stable/elevated base area for the Contractor's operations (the "Owner Improvements"). <br />However, the Contractor is responsible for any required repairs to the Yard Waste Facility as a <br />result of Contractor's use after completion of the Owner Improvements, reasonable wear and <br />tear excepted. In addition, the Contractor is committed to making improvements at the Yard <br />Waste Facility at an approximate value of $250,000, which shall be made within the first 12 <br />months from the Commencement Date (the "Contractor Improvements"). Both Owner and <br />Contractor shall coordinate the Owner Improvements and Contractor Improvements and all <br />Contractor Improvements by the Contractor shall be with prior approval from Owner, which <br />shall not be unreasonably withheld or delayed. The Contractor Improvements shall be intended <br />to improve the safe working conditions at the Yard Waste Facility and shall include without <br />limitation applying crushed concrete to low areas that can create wet/muddy conditions for the <br />public, stabilizing roads and ensuring that there is proper drainage to the existing swale <br />ditches/canals located on the property. Any Contractor Improvements that entail impervious <br />improvements such as a concrete slab or asphalt paving shall require proper approval and <br />permits prior to installation. The Contractor Improvements made in accordance with this <br />provision shall become the property of Owner. Notwithstanding the foregoing, movable <br />equipment, trade fixtures, personal property, furniture, or any other items that can be removed <br />without material harm to the Yard Waste Facility will remain Contractor's property and shall not <br />be considered Contractor Improvements nor shall they become the property of Owner but shall <br />be removed by Contractor, at its sole cost and expense, promptly upon expiration or <br />termination of the Term. <br />1.4 Owner Responsibilities <br />A. Owner will make every effort to direct all customers with wood wastes/yard waste to the proper <br />sites for processing and will instruct the customer where non -processed materials are to be <br />deposited. For example, wooden pallets are no longer accepted in the Yard Waste Facility. <br />Owner and Contractor shall jointly agree on the addition of new materials accepted in the Yard <br />Waste Facility prior to final approval by the Owner. <br />B. The Owner's Scalehouse shall be used to weigh all in -coming wood wastes/yard waste materials. <br />Each vehicle shall be weighed going in and out at the Scalehouse, and the driver will be provided <br />a weigh ticket. Owner shall staff and maintain the Scalehouse and associated equipment at its <br />expense in accordance with generally accepted industry standards and as required under <br />applicable law. The Scalehouse shall be calibrated in accordance with the requirements of the <br />Florida Bureau of Weights and Measures. <br />C. Owner shall provide scale records monthly to the Contractor for all materials by category sent to <br />the processing site in tons (2,000 pounds per ton). Owner will pay the Contractor for processing <br />these materials. Contractor's processing cost per ton must include all costs (a total cost) for <br />equipment, labor, loading, transport, insurance, etc. <br />D. Owner shall provide the use of the Site on the landfill property for consolidating, processing and <br />loading the wood waste/yard waste materials. <br />1.5 Contractor Responsibilities <br />Page 5 of 22 <br />
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