HomeMy WebLinkAboutPruner Enterprises Inc. - Amendment No. 1 to Non-Exclusive Franchise for Roll-Off Collection ServicesAMENDMENT NO. 1
to the
NON EXCLUSIVE FRANCHISE AGREEMENT FOR ROLL-OFF COLLECTION SERVICES
Between
CITY OF FRESNO, CALIFORNIA
And
Pruner Enterprises lnc..
THIS 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 Pruner Enterprises lnc., a California corporation, located at 10887 N. Madsen
Ave., Clovis, CA., 93619, (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 full force and effect.
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lN WITNESS WHEREOF, the parties have executed this Amendment
Fresno, California, the day and year first above written.
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By:
Name:
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Chai rman/PresA/ice Pres.)
ATTEST:
WONNE SPENCE, CMC
City Clerk
By: L
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
CITY OF FRESNO,Pruner Enterprises Inc.,
Amanda B Freeman