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HomeMy WebLinkAboutC2005-706 - 12/20/2005 - Approved AMENDMENT #1 TO WASTE DISPOSAL AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND DAWSON RECYCLING, INC. This document amends the Waste Disposal Agreement ("Agreement") between the City of Corpus Christi ("the City"), and Dawson Recycling, Inc. ("Hauler") executed on August 23, 2002. The parties agree to the following amendments to the Agreement: 1. Section 2.3 of the Agreement is amended by adding a new subsection 2.3.3 to read as follows : "2.3. Adjustmen1s to Guaranteed Tonnage. * * * * * 2.3.3. If the Hauler increases the Hauler's volume by a minimum of an additional 33% or more over the auaranteed annual tonnaae established in Subsection 2.2.1.. the Hauler is eliaible for a discount off of the per ton tiopina fee. Once established the discount will aootv from the base year in which the discount was first calculated. and will apply to all succeedina years keeping the base tonnaae calculation intact." 2. Article 3 of the Agreement is amended by adding a new section 3.3 to read as follows: "ARTICLE 3. FEES * * * * * "3.3. Discount for Incre.-ed Tonnage. If the Hauler increases the Hauler's volume by a minimum of an additional 33% or more over the auaranteed annual tonnaae established in Subsection 2.2.1.. the Hauler is eligible for a 15% discount off of the $19.50Iton tippina fee ($16.58lton, plus any mandated Federal or State fees). The lower tipping fee will be aoolied retroadivetv to the additional waste once 33% threshold is reached. Once a new base tonnaae is calculated under Subsection 2.3.2, the City will reduce it's billina to the Hauler at the beainninQ of each succeedinQ vear." 4. Section 14.1 of the Agreement is revised to read as follows: "ARTICLE 14. MISCELLANEOUS PROVISIONS. "14.1. Entire Agreement This Agreement merges and supersedes all prior negotiations, representations, and agreements between the parties. This Agreement and Amendment #1 to this Aareement constitutes the entire agreement between the parties to this Agreement in respect of the subject matter of this Agreement. 2005-706 12/20/05 M2005-43h 1 Dawson Recycling 5. Amendment #1 became effective on August 1,2004, and applies to all volume delivered from that date to the termination of the Agreement. The parties to this Agreement have caused this amendment to be executed on the date the City's representative executes this agreement. This Agreement is intended to take effect as a sealed instrument" AGREED TO BY: DAWSON RECYCLING, INC. Date: -~ \ (" '. -:;:---:-" ~ './ / C---.-::=-- .,/"~ //..---- ~~" Vance Dawson, IV President THE STATE OF TEXAS S S COUNTY OF n~.c~( S s This instrument was acknowledged before me on fiLc (~C I J ~C'L d-~ ,2005, by Vance Dawson, IV, President, on behatf of Dawson Recycling, Inc., a limited partnership. . ~ ~). l c /_{ ! It " t ~ . Notary P~blic . // State of Texas m LORIUE G. SHELL * NoIBty N:JIc State 01 T8'lCaS My Comm. Exp. 11!fJ7/2O(f1 ,r>~"^^^ R53409D1 2 CITY OF CORPUS CHRISTI Attest: ~ lei ! .... /) AnnandOChapa. City Secretary Date:_J'") / -:; /0 )--- ____._____ ~, Approved as to form: ThIs pf~;day of Pec:' ernJx.. G6k City Manager ,2005 By: ,:;:1 I' , /? <_/ ,. /~- ~ /' /?,")/' . /_- R. J,e(y f(eining -r- First Assistant City Attorney For City Attorney ITdLL:S-13~ AUTHORILb ,y ('(:Hf"Ctl....Jy~ k s' -.---- .. ._~ 'l1 SfrmAIPV 11L- THE STATE OF TEXAS ~ ~ COUNTY OF NUECES ') . This instrument was acknowledged before me on 1!t~ I) 3 , 2005, by Geo,....rge. K. Noe, CityJ1.. anag..er, City of Corpus Christi, a Texas ~niCipal Corporation, on beh~ of the corporri1n " t l}{M,LLv ~~'J'}'r Notary Public State of Texas .....,..v p. 0", r:nnnlfl' Darks o~ .~.. ~ 7J.-~;' My COC'l'""85101' Exp.res ~"tF'~ Ncvembte' 09. 2007 _nJL . R53409D1 3