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HomeMy WebLinkAboutAgreement A-10-390-2 with Granite Solid Waste, LLC.pdf1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT (“Amendment Two”), is made and entered into this _______ day of ______________, 201 8, by and between the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter referred to as “COUNTY”, and GRANITE SOLID WASTE, LLC, a limited liability company, whose remit to address is P.O. Box 268, Prather, CA 93651, hereinafter referred to as "CONTRACTOR.” WHEREAS, COUNTY and CONTRACTOR (collectively “the Parties”) entered into Agreement No. 10-390 effective July 13, 2010 (“the Agreement”), for CONTRACTOR to provide disposal services as necessary for CONTRACTOR to operate the COUNTY Shaver Lake Transfer Station; and WHEREAS, on June 7, 2011 the parties executed Amendment One to the original Agreement (Agreement No. 10-390-1), primarily for the purpose of modifying the language of Paragraph 10.A.2 relating to automobile liability insurance; and WHEREAS, the parties now desire to amend the Agreement, specifically the “TERM AND RENEWAL” provisions of Article 3, to extend the term of the Agreement as hereinafter provided. NOW, THEREFORE, in consideration of their mutual promises, covenants and conditions, thereinafter set forth, the sufficiency of which is acknowledged, the parties agree as follows: 1.That Article 3 (entitled “TERM AND RENEWAL”) in existing COUNTY Agreement No. 10-390, consisting of Sections A and B, at Page 11, Lines 5 through 19, inclusive, is hereby deleted in its entirety and replaced with the following: “3. TERM AND RENEWAL The original term of this Agreement, which was scheduled to expire on February 26, 2018, is hereby extended and shall continue in force for an additional period of ten (10) years, and accordingly shall expire at Midnight on February 27, 2028. No further /// Agreement No. 10-390-217-1513 23rd January 1 extensions of the term are specifically contemplated under the provisions of this 2 Amendment Two. 3 2. COUNTY and CONTRACTOR agree that this Amendment Two is 4 sufficient to modify the provisions of Agreement No. 10-390 as previously amended, 5 and that upon execution of this Amendment Two, the Agreement as previously modified 6 by Amendment One and this Amendment Two, together shall be considered and shall 7 constitute the entire Agreement between the Parties. 8 The Agreement, as hereby amended, is ratified and continued. All provisions, 9 terms, covenants, conditions and promises contained in the Agreement (as previously 10 modified by Amendment One) and not amended herein shall remain in full force and 11 effect. 12 EXECUTED AND EFFECTIVE as of the date first above set forth. 13 14 15 1 17 18 19 CONTRACTOR AND/OR CONSUL TANT (AutH 1gnature) J~uec~ Print Name and Title f?~ &>c zcy Mailing Address" &rH"e-/t c;; .. 1'J~/ 20 'city, State, and Zip Code 21 22 - 23 24 25 26 FOR ACCOUNTING USE ONLY 27 28 ORGNo FUND. SUBCLASS. Account. 9015 0701 15003 9026 0700 15000 7295 2 COUNTY OF FRESNO s ATTEST: hairman of the Board of the County of Fresno Bernice E. Seidel Clerk to the Board of Supervisors County of Fresno, State of California By <:A ,1,1:J ~ Deputy