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_ADDENDUM TO PERMIT BUSINESS LICENSE AND FRANCHISE GRFEMENT FOR <br />THE COLLECTION, REMOVAL, RECYCLING} AND DISPOSAL OE SOLID WASTE <br />WHEREAS the City of Colton (the "City") and Jack's Disposal Service (the "Permittee") <br />desire that the term of the Permit, Business License and Franchise Agreement for the Collection, <br />Removal, Recycling and Disposal of Solid Waste dated as of July 1, 1992 (the "Permit") shall be <br />extended for the additiuta,l scven (7) year period contemplated in Paragraph 1 of the Permit; and <br />WHEREAS the City Council has approved such extension of the term of the Permit: and <br />WHEREAS the City and Permittee have agreed to the addition to the Permit of the terms <br />set Furth hcrriui as a condition of said extension of the term of the Permit; and <br />The City and Permittee hereby agree that the following terms shall be added to and made <br />a part of the Permit for the seven (7) year extended term thereof: <br />A-1. Eh" TENDED TERM <br />Pursuant to Section I of thereof, the terra of the Permit is extended for the <br />additional seven (7) year period contemplated therein. Said extended term shall extend to and <br />including June 30, 2006. <br />A -I1. INDEMNIFICATION <br />(a) Permittee agrees to protect and defend City with counsel selected by <br />Permittee and approved by City, and to indemnify and hold harmless City from and against all <br />tines or penalties imposed by the Calitornia integrated Waste Management Board if the diversion <br />goals specified is California Public Resources Code Section 41780 as of the date hereof are not <br />met by the City with respect to the solid waste collected by Permittee hereunder or due to <br />Permittce's delays in providing information which the City requires to timely submit reports <br />required by the Public Resources Code. <br />(b) During the year prior to each compliance reporting date under the Public <br />Resources Code, if in the sole opinion of the City, based upon information provided by Permittee <br />and/or the State, the City is not reasonably convinced that Permittee will obtain compliance, the <br />City may require Permittee to provide a performance bond in the amount of $30,000 until such <br />time as compliance is attained. <br />A -III. REPORTING <br />(a) Permittee shall submit quarterly reports to City, containing, at a minimum, <br />the quarterly reports required under applicable law (including AB 939) with respect to recycling <br />and diversion of solid waste in the City. Said reports shall include itemization of recycling <br />revenues and the type and ornount of materials recycled by Permittee with respect to its <br />operations in the City for the reporting period. <br />[.A\932]60055 <br />EXHIBIT A <br />