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10/21/1998 Agreement .annp 1.. Ito(bagt BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATIfON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 C~RKOFTHECmCUITCOURT MONROE COUNlY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 MEMOBANDllM TO: Clark Lake, Director Solid Waste Management Division FROM: Isabel C. DeSantis, Deputy Clerk A ~ ~.... ...",.. .U. DATE: November 18, 1998 I B~NCH OFFICE 88820 OVERSE~ HIGHWAY A nON KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 I I I I, , i At the October 21,1998 Meetina, the Board ratified the Vegetative Waste Indneration Agreements signed by Mayor London between Monroe County and Rudy Krause and , Sons of Florida, Inc., and T....~lt...lDc. Attached hereto are copies of the subject Agreement for your handling. I Should you have any questions concerning 'the above, please do not hesitate to contacl me. cc: County Attorney County Administrator, w/o docs. Finance Director "'lie .;,\~~,'.':" VEGETATIVE WASTE INCINERATION AGREEMENT This Agreement is entered into on this the 14 th day of October, 1998, by and between'.JGJPrJfno'.'nc., hereafter Operator, end Monroe County, a politico I subdivision of the State of Florida, hereaHer County, In exchange for the mutuol promises and consideration set forth below, the parties ogree os follows: 1. The County, or its contractors, shall deliver vegetative waste to the Operator's incinerator located at Rockland Key for incineration. Third parties may 01$0 deliver vegetotive waste to the incinerator site. The Operator sholl cause such waste to be burned and the ash disposed of in accordance with applicable state and federal law and administrative rules, or shall hove obtoined any necessory waivers for the incineration from the stote and federal agencIes having JUriSdiction over the Operator's incinerator. The Operator's failure to abide by the applicable state and federal statutes and administrative rules, or the terms of any waiver(s) granted from the application of such statutes or rules, entities the County to immediately terminote this ogreement without any County obligation or liability to the Operator. 2. The Operotor shall fumish 011 the equipment necessary to incinerate the vegetatille waste a:'1d shall furnish a storage area for vegetative waste delivered to the incinerator site and awaiting incineration. 3. a) The Operator shall make its incinerator solely available for burning vegetative waste delivered by the County, its controctors or thIrd parties, for a periOd of 60 days. beginning on Odober .l:.!, 1998, twenty four (24) hours per day. The County must pay the Operator $250 per hour for each hour the Operator's incinerator is in operation and burning vegetative waste, without regard to whether the vegetative waste was deliver~ydtle ~ z )> Z :IOn,~ <:) ~~=< --= 2~!'- CD i?OE; " -t ('") r- ::x :< ~-::c ".,';po. ~ H C) )> I"TlN CD :!! r- ,." o .." C) ::;:0 ::0 ,." ('") <:) ::0 o County, the County's contractors, or third parties. The Operator consents to the presence of County employees at the Operator's incinerator site for the purpose of verifying the number of hours the InCinerator is in use burning vegetotive waste. bJ The County may terminate this agreement before the expirotion of the 60 day term jf the County, in its discretion. determines that the incineration or vegetotive waste is no longer necessary. if the County terminates this agreement under this subparagraph, then the County will have no further obligation or liability to the Operator, except the obligation to pay the Operator for the hours of Incineration performed. but unpaid for - up to the date of termination. 4. This written Agreement represents the entIre Agreement between the parties end supersedes any prior written documents or memorondo or orol communication. This Agreement may not be amended except through a written amendment sIgned by both parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the dote first C1bove 'Written. Witnesses: OPPINO'S INC. 1f-~(} ~ TItle <7~~ eOnfvwQstlil