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2015-142
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2015-142
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Last modified
3/30/2017 2:28:56 PM
Creation date
7/29/2015 12:02:03 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
First Amendment
Approved Date
07/14/2015
Control Number
2015-142
Agenda Item Number
15.B.2.
Entity Name
Tropical Recycling
ReCommunity
Subject
Recyclables Single Stream
Transfer Processing and Marketing Agreement Update
Area
Solid Waste Disposal District
Alternate Name
Tropical Exchange Corporation Resource Recovery Systems
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The Processor's Fee shall be payable solely from the AMV. If the AMV is less than the <br />Processor's Fee for any month, no payment shall be due for that month from the Processor to <br />SWDD; nor shall SWDD owe any additional Processor's Fee (in addition to the fee deducted from <br />the AMV) to the Processor for that month. However, Processor will be entitled to apply any <br />negative balance to offset future payments with the understanding that any negative balance will <br />be reset at month thirty (30). SWDD shall not be responsible for any negative balance upon <br />termination of this Agreement. <br />Section 7. Single Stream Program Recyclables Revenues. Section 5.3(c)(ii) of the <br />Agreement is hereby amended as follows: <br />The Processor's Fee, - _ . • .; ! eighty-eight dollars ($88.00) as <br />adjusted by Section 5.5, shall be deducted from the AMV calculated for the month for which <br />payment is being made. <br />Section 8. Recycling Awareness and Education. Article VII is deleted in its entirety. <br />Section 9. Notices. Section 9.1 of the Agreement shall be amended as follows: <br />If to Processor: <br />Tropical Exchange Corp. <br />2625 Electronics Way <br />West Palm Beach, FL 33407 <br />Attention: Brian Katz <br />with a copy to: <br />McDonald Hopkins LLC <br />505 S. Flagler Drive, Suite 300 <br />West Palm Beach, FL 33401 <br />Attention: John T. Metzger, Esq. <br />Section 10. Representations. As ofJuly 1, 2015, SWDD represents, certifies, covenants, <br />warrants, and affirms that: (i) the Agreement is in full force and effect, that all amounts due <br />thereunder have been paid and are current; (ii) to its knowledge, neither party to the Agreement is <br />in default thereunder, and no event exists which with the passage of time or giving of notice, or <br />both, would constitute a default under the Agreement, and no notice of default under the <br />Agreement has been given which has not been cured; (iii) the Agreement has not been terminated <br />and that it is the only agreement of this type between the SWDD and ReCommunity; (iv) to its <br />knowledge, there are no outstanding defenses, counterclaims or offsets against ReCommunity <br />under the Agreement; (v) neither party to the Agreement has transferred or assigned any rights or <br />obligations under the Agreement nor entered into any license, use occupancy or concession <br />agreements with respect thereto; (vi) after October 1, 2015, ReCornmunity shall have no further <br />responsibilities under the Agreement and shall have no liabilities for acts or omissions occurring <br />Underlining denotes addition to existing text, <br />Page 3 of 5 <br />
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