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SECOND AMENDMENT AND RENEWAL TO SOLID WASTE AND <br />RECYCLABLES COLLECTION FRANCHISE AGREEMENT BETWEEN <br />INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ("SWDD") <br />AND WASTE MANAGEMENT INC. OF FLORIDA ("FRANCHISEE") <br />THIS SECOND AMENDMENT AND RENEWAL TO SOLID WASTE AND <br />RECYCLABLES COLLECTION FRANCHISE AGREEMENT BETWEEN INDIAN <br />RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ("SWDD") AND WASTE <br />MANAGEMENT INC. OF FLORIDA ("FRANCHISEE) ("Second Amendment") is <br />entered into as of the day of July, 2022 by and between the Indian River County Solid <br />Waste Disposal District, a dependent special district of INDIAN RIVER COUNTY <br />(hereinafter, "SWDD") and Waste Management Inc. of Florida, a Florida corporation <br />(hereinafter "Franchisee"). <br />RECITALS <br />WHEREAS, on April 21, 2015, SWDD and Franchisee entered into the Solid Waste and <br />Recyclables Collection Franchise Agreement Between Indian River County Solid Waste <br />Disposal District ("SWDD") and Waste Management Inc. of Florida ("Franchisee") as <br />amended by the First Amendment to Solid Waste and Recyclables Collection Franchise <br />Agreement Between Indian River County Solid Waste Disposal District ("SWDD") and Waste <br />Management Inc. of Florida ("Franchisee"), dated October 4, 2016 (collectively referred to as <br />the "Agreement"); and <br />WHEREAS, the initial term of the Agreement is for a period of seven (7) years <br />terminating on September 30, 2022 and SWDD has duly notified the Franchisee the intent to <br />renew the Agreement for one (1) additional term of three (3) years under the same terms and <br />conditions as the initial term; and <br />WHEREAS, SWDD and Franchisee desire to amend Article 3.1.c. to remove C&D <br />collection in containers fifteen cubic yards and greater from the exclusivity requirements of <br />the Agreement and any associated provisions of the Agreement pertaining to such services, <br />NOW THEREFORE, in consideration of the mutual undertaking herein and other good <br />and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the <br />parties agree, as follows: <br />1. Recitals. The above recitals are true and correct and are incorporated herein. <br />2. Article 1. Definitions Amended. <br />a. The last sentence in the definition of Commercial Collection Service is removed <br />in its entirety: <br />Commercial Collection Service includes collection of C&D in containers fifteen <br />cubic yards and greater (>15CY) in size. <br />Page 1 of 6 <br />