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1st Renewal 06/09/1999 J.lannp 1.. f{olbage BRANCH OFFICE 3117 OVERSEAS mGHWAY MARATIiON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 H.lHOBAJIDllH TO: Clark Lake, Director Solid Waste Management Division FROM: Attn: Carol Cobb, Executive Assistant Isabel C. DeSantis, Deputy Clerk ...D.C.tr: DATE: August 13, 1999 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 At the June 9, 1999 meeting, the Board granted approval and authorized execution of a Solid Waste Collections Franchise Renewal Agreement between Monroe County and Ocean Reef Club, Inc., and approval for the Mayor to sign a letter of notification to Ocean Reef Club, Inc., as required by the contract. Attached hereto is a duplicate original of the document for your handling. Should you have any questions concerning the above, please do not hesitate to contact this office. cc: County Attorney County Administrator w/o doc. Finance Director ~ile .' " I~ ~,;~, . ,It, . .~t.. . ~ II' , , " 1. . . j~.' .' , t 1.,,1 IJ A ~"~I .oil' II, ..... "' 'f';'~ ;~~:; l.~t,. ,~.~~"t_" , ~ ..... '.. SOLID WASTE COLLECTION FRANCHISE RENEWAL AGREEMENT This renewal franchise agreement is entered into on this vII day of -L Nf , 1999, by and between Ocean Reef Club, the Franchisee, and the Franchisor, Monroe County, a political subdivision of the State of Florida, the County. The parties agree as follows: 1) The term of the solid waste franchise collection agreement between the parties commencing on July 20, 1994, the original agreement, a copy of which is attached and made a part of this renewal, is hereby renewed and extended until the 30th day of September, 2004. The renewal is subject to the following additional terms and conditions: a) If a decision of a state or federal court, state or federal legislation, or any administrative rule, renders any provision of this renewal agreement, or the original agreement, void or unenforceable, the remainder of this agreement and the original agreement will remain in full force and effect. If the loss of the void or unenforceable provision works a hardship or otherwise creates an inequitable result for either party, then the parties must in good faith and with reasonable promptness negotiate an alternative to the lost provision that makes the adversely affected party as whole as possible given the confines or restrictions of the court decision, statute or administrative rule. 2) The County has the option to extend this solid waste franchise collection agreement [the original agreement as extended by this renewal] for an additional five year term beginning on October 1, 2004. In order to exercise the option, the County must provide the Franchisee with written notice of the renewal 120 days or more before September 30, '''1.:1. :U~noJ 30WJOl'~ 2004. 13 ~'J "1J13 · 3~VHjO~: .-; ';'n:\/o *l Z : II WV ~ I SOW 66 0~033H HO.:l 0311.:1 3) Except as specifically set forth in paragraph one of this renewal agreement, the original agreement between the parties dated July 20, 1994, remains in full force and effect . the parties have set their hands and seal on the day and year GE, CLERK J\..-/ BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA . .. ci\ By \..U. tI~~.aJ. ...... "- .---. ~ ~.....JI ~ Mayor/Chairman By~/#.$~ I'r~.f~ ~e-"t- By Attest: jconivsw-midky