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HomeMy WebLinkAboutFNF Roll-Off Service - Amendment No. 1 to Non-Exclusive Franchise for Roll-Off Collection ServicesTH|S AMENDMENT NO. I is made and entered the 28th Day of January, 2015, by and between the CITY OF FRESNO, CALIFORNIA, a municipal corporation (hereinafter referred to as Lessoi') and FNF Roll Off Service a California corporation, located at10420 E. Manning Ave., Selma, CA. 93662, (hereinafter referred to as "FRANCHISEE"). RECITALS WHEREAS the Parties entered into a NON EXCLUSIVE FRANCHISE AGREEMENT FOR ROLL-OFF COLLECTION SERVICES effective July 28,2011 (the "Agreement"); and WHEREAS, the current term of the Agreement expires on June 30, 2016; and WHEREAS, Section 3.4 of the Agreement specifies that the City may, at its option, extend the Agreement by up to five years by providing written notice to the Franchisee of its desire to do so no less than 180 days prior to the termination of the agreement; and WHEREAS, the City provided such notice by letter mailed December 28,2015, and Franchisee desires extend the term of the Agreement, and to so evidence such desire to continue performing its duties pursuant to the Agreement through June 30, 2021, by executing and returning this Amendment No. 1 by no later than 150 days before the termination of the Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and of the mutual promises herein contained, the Parties hereby agree as follows: 1. Pursuant to Section 3.4 of the Agreement, the term of Agreement shall be extended for a period of five years, with amended term ending June 30, 2021. 2. Except as expressly provided in this Amendment No. 1, all other terms and provisions of the Agreement shall continue in fullforce and effect. il il il lN WITNESS WHEREOF, the parties have executed this Amendment at Fresno, California, the day and year first above written. FNF Roll Off Service a California corporation ATTEST: WONNE SPENCE, CMC City Clerk By: )L APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney CITY OF FRESNO, Name: Title: Ovrlr'¿{ Chairman/Prestuice Pres.) Name: Title: reasurer) S