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FIRST AMENDMENT AND RENEWAL TO <br />BIOSOLIDS DISPOSAL AGREEMENT <br />BETWEEN <br />THE CITY OF VERO BEACH, FLORIDA <br />AND <br />THE INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT <br />This FIRST AMENDMENT AND RENEWAL TO (hereinafter "First Amendment") is <br />made and entered into as of the 4th day of October 2022, by and <br />between the CITY OF VERO BEACH, a Florida municipal corporation, whose mailing address <br />is P. O. Box 1389, Vero Beach, Florida 32961-1389 (hereinafter "City") and the INDIAN RIVER <br />COUNTY SOLID WASTE DISPOSAL DISTRICT, a dependent special district of Indian River <br />County, Florida, a political subdivision of the State of Florida, whose mailing address is 180127 1h <br />Street, Vero Beach, Florida 32960 (hereinafter "SWDD"). City and SWDD may also be referred <br />to herein individually as a "party" or collectively as the "parties." <br />RECITALS <br />WHEREAS, on October 8, 2019, SWDD and the City entered into the Biosolids Disposal <br />Agreement between Indian River County Solid Waste Disposal District ("SWDD") and City of <br />Vero Beach ("City") (the "Agreement"); and <br />WHEREAS, the initial term of this agreement is for a period of three (3) years terminating <br />on October 7, 2022, and the City has duly notified SWDD of its desire to renew; and <br />WHEREAS, the City and SWDD desire to amend Section 3. Term of the Agreement, to <br />remove a time certain termination, <br />NOW THEREFORE, in consideration of the mutual covenants contained herein and other <br />goods and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, <br />the parties agree as follows: <br />Section 1. Recitals. The parties agree that the above recitals are true and correct by this reference <br />incorporated herein and made part thereof. <br />Section 2. Amendment of Section 3 of the Agreement. Section 3 of the Agreement shall be <br />revised to read as follows: <br />Section 3. Term of the Agreement. <br />This Agreement shall automatically renew each year on October 1, unless either <br />party provides written notice to the other party of non -renewal at least one hundred and <br />eighty (180) days prior to the annual renewal date. Notwithstanding the above, either party <br />may terminate this Agreement, at any time and for any reason, upon at least ninety (90) <br />days written notice to the other party. The City may terminate this Agreement due to an <br />increase in the disposal fee pursuant to Section 4 below, by written notice to the SWDD <br />within thirty (30) days of the approval of the fee increase by the SWDD governing board. <br />Page 1 of 3 <br />First Amendment and Renewal to Biosolids Disposal Agreement <br />