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HomeMy WebLinkAboutTSG Recycling Disposal - 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 TSG Recvclinq Disposal TH|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 TSG Recvclinq Disposal, a California corporation, located at2910 S. Cherry Ave., Fresno, CA., 93706, (hereinafter referred to as "FRANCHISEE"). RECITALS WHEREAS the Parties entered into a NON EXCLUSIVE FRANCHISE AGREEMENT FOR ROLL-OFF COLLECTION SERVICES effective November 17,2011 (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 pedorming 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. il ll il CITY OF FRESNO, Thomas lN WITNESS WHEREOF, the parties have executed this Amendment at Fresno, California, the day and year first above written. TSG Recycling Disposal a California corporation Chairman/PresA/ice Pres. ) ATTEST: WONNE SPENCE, CMC City Clerk By: /t¿ APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney lr/l ø Amanda Freeman Date By: