Contract - Costa Mesa Disposal - 2001-12-11AUG -31 -2004 14:33
ADDENDUM NO. 3
P.01/02
This Amendment is made and entered into this j rte_ day of &— 2001 by and
between the Costa Mesa Sanitary District (hereinafter "District') and Costa Mesa Disposal
(hereinafter "CMD ") and Roto Industries (hereinafter "Roto ") with reference to the following
facts:
WHEREAS, the District and CMD have an agreement dated June 9, 1994 by which
CMD has been given the right to collect and dispose of residential trash within the territory of
the District; and
WHEREAS, that agreement was amended on June 18, 1997, by Addendum No. 1
which provided for additional services to the District, including an occupancy count every five
years; and
WHEREAS, the District has purchased standardized containers from Roto Industries,
Inc., which is wholly owned by the Rangel family and is a company related to CMD, and
pursuant to Addendum No. 2 to the CMD Agreement (dated April 26, 2001), CMD and Roto
have agreed to provide a three year container management program; and
it
WHEREAS, the Board and District have discovered that District may have overpaid
CMD for such services because of an incorrect occupancy count; and
WHEREAS, CMD and Roto have agreed to provide additional consideration to
District in exchange for this overpayment in the form of an annual occupancy count and
another (4th) year of container maintenance;
NOW, THEREFORE, in consideration of the above, the parties agree as follows:
1. CMD agrees
count every five years
made each and every
within District.
-- — . . ,.
to provide an annual occupancy count instead of the occupancy
provided in Addendum No 1. Said annual occupancy count shall be
year that CMD has an agreement to collect and dispose of trash
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P. 02/02
2. CMD and Roto agree to provide an additional (4th) year of container management
of the standardized container program as provided in Addendum No. 2 and as further
provided in Exhibit D to the Purchase Agreement between Roto and CMSD. including all
manpower, equipment and facilities needed to provide that service.
3. Except as expressly modified herein, the terms and conditions of those other
agreements mentioned herein shall continue to control the rights and duties of the parties
herein.
Dated: / ;-ll —dl _�;,pstas Mesa Sanitary District
President
Secretary --
Dated. k Costa Mesa Disposal
Dated: i �' " t iD r I Rota Industries, Inc.
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TOTAL P.02