Contract - Costa Mesa Disposal - 1991-08-15 ADDENDUM NO 4
AGREEMENT
THIS AGREEMENT is made and entered into this /5tt. day of August 1991 by
and between COSTA MESA SANITARY DISTRICT OF ORANGE COUNTY CALIFORNIA, hereinafter
referred to as 'DISTRICT' and COSTA MESA DISPOSAL, INC. , a corporation, herein-
after referred to as 'CONTRACTOR'
RECITALS-
1 The parties hereto entered into an agreement January 11 1979 providing
for the pickup and disposal of solid waste within the DISTRICT
2 The afore-mentioned contract was amended May 12 1983 July 28 1989 and
February 26 1990 and they are hereinafter referred to collectively as the CONTRACT
3 The parties hereto desire to amend said agreement to redefine occupancy
and the method by which compensation paid to CONTRACTOR will be calculated
4 The parties hereto desire to set forth their rights and obligations in
connection herewith.
NOW THEREFORE, for and in consideration of the covenants herein contained,
performed and to be performed the parties hereto agree as follows
I
Except as to the provisions of THIS AGREEMENT the agreement of January 11
1979 with amendments of May 12, 1983 July 28, 1989 and February 26 1990 shall
remain in full force and effect
II
Paragraph V subsection D entitled Definition of Occupancy shall be amended
to read as follows
'D Definition of Occupancy Occupancy is determined to be any living
unit whether it be single family multiple, condominium, cooperative
town house trailer, mobile hare, or other residential unit
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a
i
III
Paragraph V subsection F entitled Initial Occupancy Calculation shall be
amended to read as follows
"F Initial Occupancy Calculation The occupancy for which CONTRACTOR
will be compensated shall be determined from the special assessment roll
for each fiscal year of July 1 through June 30 as the same is maintained
on file in the office of Director of Finance for the DISTRICT as the
basic occupancy and will be readjusted annually based upon the special
assessment roll for each succeeding year
The occupancy count may be increased or decreased monthly and it is
understood and agreed by and between the parties hereto that said in-
crease will be determined by any occupancy permits and demolition permits
issued by the Building Department of the City of Costa Mesa or other
entity having jurisdiction within the DISTRICT The occupancy count may
also be increased whenever CONTRACTOR is able to determine to the satis-
faction of DISTRICT that any parcel caning within the exemptions as
as heretofore set forth is no longer exempt and that CONTRACTOR is in
fact actively engaged in the weekly collection of trash from said occu-
pancy The occupancy count may also be adjusted by a field survey con-
ducted by the DISTRICT in which the CONTRACTOR may participate if it
desires
IV
The amendment to the contract dated July 28 1989 (Addendum No. 2) is hereby
and by THIS AGREEMENT mutually cancelled and the provisions with respect to Con-
sumer Price Index (CPI) as expressed in the basic contract dated January 11, 1979
are reinstated CONTRACTOR shall be fully responsible for providing the necessary
trucks drivers and other equipment necessary for the administration of THIS CON-
TRACT without additional cost to DISTRICT
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V
DISTRICT has contracted with C.R. Transfer Incorporated for the exclusive
right of receiving solid waste from DISTRICT and CONTRACTOR agrees that all solid
waste picked up from DISTRICT pursuant to the contract and its addendum shall be
delivered to the facilities of C.R. Transfer Incorporated at its Stanton, Cali-
fornia address provided, however, that in the event that a dispute arises between
DISTRICT and C.R. Transfer Incorporated whereby C.R. Transfer Incorporated refuses
to accept solid waste from CONTRACTOR, CONTRACTOR shall haul said solid waste to
Bee Canyon county landfill or other appropriate county landfill without additional
cost to DISTRICT
V7
Time is of the essence in THIS AGREE T= and the same shall be binding upon
the successors in interest of either of the parties hereto
DATED on the day and year first above written
ATTEST- COSTA MESA SANITARY DISTRICT OF ORANGE
COUNTY
By-
Secret2ry Tres• en of D STRICT
ATTEST• COSTA MESA DISPOSAL, INC.
By A441-
Secretary By- �!!
Aug orized Agen
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