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HomeMy WebLinkAboutAgreement_General_10/14/2010_2nd Addendum SECOND ADDENDUM SOLID WASTE AND RECYCLABLE COLLECTION SERVICES AGREEMENT THIS SECOND ADDENDUM, made and entered into this day of October, 2010, effective October 14, 2010, when action was taken by the Village Council of the Village of Tequesta, (the AEFFECTIVE DATE @) by and between the VILLAGE OF TEQUESTA, Florida, a municipal corporation, with offices located at 345 Tequesta Drive, Tequesta, Florida 33469, hereinafter called the "VILLAGE" and WASTE MANAGEMENT INC. OF FLORIDA, a Florida corporation with offices located at 7700 S.E. Bridge Road, Hobe Sound, Florida 33455, hereinafter called the "CONTRACTOR "; both of whom agree that the Current Solid Waste And Recyclable Collection Services Agreement made and entered into by and between the parties on the 13 day of September, 2007, as evidenced by the adoption of Resolution No. 80 -06/07 (the AAgreement @) is hereby amended, pursuant to Sec. 37 thereof, in the following manner: Section 1: In accordance with Section 3.2 of the Agreement, the CONTRACTOR has provided the VILLAGE with correspondence dated September 30, 2010, requesting that the Agreement be extended for an additional five (5) year period commencing October 1, 2012 and expiring September 30, 2017. The proposed extension would be under the exact terms and conditions as the current Agreement, including the First Addendum thereto. Section 2: In accordance with Section 3.2 of the Agreement, the VILLAGE hereby agrees to extend the Agreement for an additional five (5) year period commencing October 1, 2012 and expiring September 30, 2017 under the exact terms and conditions as the current Agreement, including the First Addendum thereto. Section 3: This Second Addendum shall be attached to the Agreement and shall become a part thereof. All other sections of the Agreement, including the First Addendum, shall remain in full force and effect as set forth in the Agreement and the First Addendum and there shall be no changes to the Agreement or the First Addendum with the exception of those items specifically set forth in this Second Addendum. Further, the parties agree as follows: A. This Second Addendum shall be binding upon and shall inure to the benefit of the Page 1 of 2 heirs at law and executors of CONTRACTOR. B. If any provision or any portion contained in this Second Addendum is held unconstitutional, invalid or unenforceable, the remainder of this Second Addendum, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. C. For and in consideration of the mutual covenants contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereby agree that this Second Addendum shall be attached to the Agreement and shall become a part thereof. IN WITNESS WHEREOF, the Village of Tequesta, Florida has caused this Second Addendum to be signed and executed on its behalf by its Mayor, and duly attested by its Village Clerk; and the CONTRACTOR has signed and executed this Second Addendum, both in duplicate, the day and year first above written. VILLAGE OF TE Q � LC.J Pat Watkins, Mayor ATTEST: Q• - R TED S Lori McWilliams, Village Clerk %, IN THE PRESENCE OF TWO (2) WITNESSES: Contractor: WASTE MANAGEMENT INC. OF FLORIDA i Wit ss TIMOTHY B. mw mms, v.P. (SEAL) Witness Page 2 of 2 i