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Franchise Agreement Addendum Sanitary Services AMBROSE. FITZGERALD . CROOKSTON Altom. 8IId CounMIOI8 P.O. IlO1l ar M8nalan, IG8ho 83M2 ADDENDUM AGREEMENT THIS ADDENDUM AGREEMENT, made this ~)~ J Au l' I.{.j }.., day of J.aae, 1986, by and between the CITY OF MERIDIAN, a municipal corpora- tion of the State of Idaho, party of the first part and hereafter referred to as "CITY", and SANITARY SERVICE, INC., an Idaho corporation, party of the second part and hereafter referred to as "SERVICE", WIT N E SSE T H:- WHEREAS, CITY and SERVICE entered into an Agreement dated March 16, 1984 which is hereby incorporated herein as if set forth in full hereat: and WHEREAS, CITY and SERVICE desire to amend their Agreement. NOW, THEREFORE, in consideration of the covenants herein contained, and those in theariginal agreement, IT IS HEREBY AGREED AS FOLLOWS: 1. The original Agreement, a copy of which is attached hereto marked Exhibit "A", is, by this reference, incorporated herein as if set forth in full hereat. 2. That in addition to the provisions contained in the original Agreement, it is specifically agreed as follows: a. That SERVICE is an independent contractor and the relationship between the CITY and SERVICE is not that of principal and agent, employer and employee, partner, or joint venturers, nor any other relation- ship other than independent contracting parties. Paae 1. AMBROSE. FITZGERALD & CROOKSTON A"~ 8IId Coun88lor8 P.O. eo" w M8f1alan, Id8tIo ...2 T.lepl\one 88&40181 b. That SERVICE shall save and hold CITY harmless from any and all liabilities of whatsoever nature arising out of any and all actions of SERVICE arising either in the performance of its contract with the CITY or otherwise, and SERVICE shall additionally indemnify CITY for any and all damages which the CITY may be assessed or may incur arising either in the performance of this agreement or arising out of the relationship between CITY and SERVICE. c. That beginning the date of this agreement SERVICE shall maintain liability insurance in the sum of $350,000.00 until October 1, 1986, at which time SERVICE shall maintain liability insurance in the sum of $500,000.00 or such sum as required by Section 6-924, Idaho Code, as amended, and shall have the CITY named as an additional insured party on said liability insurance policy and shall provide proof of insurance to CITY annually. It is agreed that if said policy of liability insurance shall not be maintained or kept in full force and effect such failure shall be grounds for the CITY to terminate this contract with SERVICE. 3. That in all other respects the original Agreement between the parties shall remain in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals, the day and year in this Addendum AGreement first above written. CITY OF MERIDIAN, a municipal corporation "CITY" SANITARY SERVICE, INC. an Idaho corporatio~, By ~ _-LC.~...J President ATTEST: -/¡j6.n ,~VêTj;7Æ.-r / /š'êcretary 7 "SERVICE" AMBROSE. FrnaERALD & CROOKSTON AI1OIII8yIIllCl COunMIOfI ',0. eo. m M.ndltn, IdII'IO &1842 ._,-~~.-- ..e .... STATE OF IDAHO) : SSe Conn ty of Ada On this ~)& ~ day of 1:J.!':f! 1986, before me, the under- signed, a Notary Public in and for said State, personally appeared GRANT P. KINGSFORD and JACK NIEMANN, Mayor and City Clerk, respectively, of the City of Meridian, the municipal corporation that executed this instrument and the persons who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the sam~. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) .a ~'/I/!I'vj rn~ ~! Notary Public fori daho Residence: Meridian, Idaho. STATE OF IDAHO) : SSe County of Ada " fj"9" ¡ t On this~day of~, 1986, before me, the under- signed, a Notary Public in and for said State, personally appeared MOHAMMED ALIDJANI and HELEN ALIDJANI, known to me to be the President and Secretary of the cŒporation that executed this instrument and the persons who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate fi~st above written. (SEAL) q~~:c~ ~Á Residence: Meridian, Idaho. ~- -- ...