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2022-136
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2022-136
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Last modified
8/5/2022 1:03:19 PM
Creation date
8/5/2022 12:55:58 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Second Amendment
Approved Date
07/12/2022
Control Number
2022-136
Agenda Item Number
15.B.2.
Entity Name
Waste Management Inc. of Florida (“Franchisee”)
Subject
Second Amendment and Renewal to Solid Waste and Recyclables Collection
Franchise Agreement with Solid Waste Disposal District (SWDD)
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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 />
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