Contract - CR Transfer - 1996-10-10AMENDMENT TO AGREEMENT
This Athis/120Z ent to Agreement is dated this /0 of 4e-Aa,64A 1996 by and between the
COSTA MESA SANITARY DISTRICT, a governmental agency formed and existing under the
Sanitary District Act of 1923 (hereinafter referred to as "DISTRICT "), and C.R. TRANSFER,
INC., a California corporation (hereinafter referred to as "CRT ").
RECITALS
WHEREAS, District and CRT have previously entered into an Agreement dated
November 9, 1995 whereby CRT was given the right and duty to accept solid waste from
District and its contract hauler and to provide for the disposal of the same in accordance with
the terms of that agreement; and
WHEREAS, that Agreement contemplated that the waste would be disposed of at an
Orange County landfill which charged $35 per ton for such waste; and
WHEREAS, the Agreement further provided that if the costs or availability of the sites
change during the term of the agreement that the parties may renegotiate the agreement or the
compensation provisions thereof; and
WHEREAS, District has further reserved unto itself the right to direct flow control
provided that the parties then renegotiate related provisions of this contract; and
WHEREAS, The Orange County landfill charge is now $27.00 per ton; and
WHEREAS, CRT has not been utilizing the Orange County landfills but has been using
less expensive alternative disposal sites; and
WHEREAS, District and CRT do now desire to set forth what their agreement will be
when CRT is able to utilize less expensive disposal sites;
NOW, THEREFORE, the parties do hereby agree as follows:
1. That Section 7 of the Agreement is hereby amended to read:
117. This AGREEMENT has been entered into with reference to current
Orange County landfill costs and with reference to the fact that contractor has
been able to use those landfills available at the time of contracting. Should those
costs or the availability of disposal sites change during the term of this
AGREEMENT the parties may renegotiate this AGREEMENT or the
compensation provisions hereof. DISTRICT reserves the right to direct the
disposal of its residual tonnage to a facility, provided that the parties shall
thereafter renegotiate the related provisions of this contract. In the event that
CRT uses a non -Orange County landfill with lower disposal fees, CRT will credit
the District with an amount equal to seventy -five percent [75%] of the savings
realized by not using the Orange County landfill."
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2. That except as expressly modified herein, the Agreement dated November 9,.1995
shall remain in effect and control the relationship of the parties except to the extent inconsistent
herewith.
Dated: /o — / o — 9`
Dated:
COSTA MESA SANITARY DISTRICT
C.R. TRANSFER, INC.
I, Florine T. Reichle, Clerk of the Costa Mesa Sanitary District Board of Directors
of Orange County, California, DO HEREBY CERTIFY that the foregoing Amendment to
C. R. Transfer Agreement was duly passed, approved and adopted by said Board,
approved and signed by the President and attested by the Secretary of said Board, all at a
regular meeting of said Board held on October 10, 1996, and that the same was passed
and adopted by the following roll call vote:
AYES: James Ferryman, Arthur Perry, Arlene Schafer, Nathan Reade, Dan
Worthington
NOES: None
ABSENT: None
DATED this 140' day of October, 1996.
Clerk of the District
Costa Mesa Sanitary District
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