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68-23
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68-23
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Last modified
8/22/2023 11:05:48 AM
Creation date
8/22/2023 10:32:43 AM
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Resolutions
Number
68-23
Date
08/17/2023
Description
Approving and Authorizing Execution of Fourth Amendment to Franchise Agreement Between the Town of Los Altos Hills and GreenWaste Recovery, Inc.
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EXHIBIT I <br />FOURTH AMENDMENT TO FRANCHISE AGREEMENT BETWEEN THE TOWN OF LOS <br />ALTOS HILLS AND GREENWASTE RECOVERY, INC. FOR COLLECTION AND <br />PROCESSING OF MIXED COMPOSTABLE MATERIALS, RECYCLABLE MATERIALS <br />AND YARD TRIMMINGS <br />THIS FOURTH AMENDMENT ("Amendment") is effective on the 21 day of November 2023, <br />and made by and between the Town of Los Altos Hills ("Town") and GreenWaste Recovery, LLC (as <br />successor to GreenWaste Recovery, Inc.) ("Franchisee"). Town and Franchisee are sometimes <br />collectively referred to as "Parties" hereinafter. <br />RECITALS <br />WHEREAS, the Town and Franchisee previously entered into an agreement titled "Franchise <br />Agreement Between the Town of Los Altos Hills and GreenWaste Recovery, Inc. for Collection and <br />Processing of Compostable Materials, Recyclable Materials and Yard Trimmings", dated June 28, 2019 <br />and amended on July 16, 2020, November 18, 2021 and January 1, 2023 ("Franchise Agreement"); and <br />WHEREAS, the Franchise Agreement includes a fifteen year term beginning July 1, 2019 and <br />ending on June 30, 2034; and <br />WHEREAS, the Town entered into an Agreement for Disposal of Municipal Solid Waste with <br />International Disposal Corp. of California on April 11, 1989 ("Disposal Agreement") that expires on <br />November 21, 2023. <br />WHEREAS, the Disposal Agreement directs Franchisee to transport all Non -Recyclable and <br />Non-Compostable items collected, materials that cannot be processed and residues to be disposed of <br />from processing Mixed Compostable Materials, Recyclable Materials and Yard Trimmings collected by <br />Franchisee from Service Recipients, to the Newby Island Landfill. <br />WHEREAS, the Town would like to amend the Franchise Agreement to allow Franchisee to <br />dispose of Mixed Compostable Materials, Recyclable Materials and Yard Trimmings collected by <br />Franchisee from Service Recipients, to Franchisee's network of facilities. In consideration of <br />Franchisee selecting a Designated Disposal Site, Franchisee will remit $25,000 to the Town yearly. <br />WHEREAS, on XXXX, the City Council adopted Resolution No. XXX directing the City <br />Manager to proceed with an amendment to the Franchise Agreement to effectuate the foregoing <br />recommendations; <br />WHEREAS, the Parties desire to amend the Franchise Agreement as described herein. <br />NOW, THEREFORE, in consideration of this Fourth Amendment, the mutual promises, <br />covenants, and stipulations herein contained, the parties hereto agree to amend the Franchise Agreement <br />as follows: <br />1. Recitals; Definitions. The foregoing recitals are true and correct, and incorporated into <br />this Amendment by this reference. Capitalized terms used in this Amendment and not otherwise defined <br />herein shall have the meaning assigned to them in the Franchise Agreement, as amended. <br />Resolution 68-23 Page 3 <br />
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