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Franchise Agreement for Sanitary Services ~h,_.i\OSE. FITZGERALD . CROOKSTON AI100....,..8ftd CounMiora P.O. Bo. "'%7 ,I I A G R E E MEN T THIS AGREEMENT, made and entered into thisJt-l1¡ day:of .J?1 a :-c h , 1984, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the first part, and SANITARY SERVICE, INC., an Idaho corporation, having its principal place of business at Meridian, Idaho, party of the second part, WIT N E SSE T H: HHEREAS, the City of Heridian has heretofore under authority of Title 7, Chapter 3 of the Ordinances of ~,e City of Meridian had a contract with second party for the hauling of garbage, refuse and trash within the corporate limits of the City of Meridian, and WHEREAS, the parties hereto have renegotiated said contract under authority of said Ordinance as hereinafter contained. NOW, THEREFORE, in consideration of the covenants herein . contained, it is hereby agreed as follows: 1. That the City of Meridian does hereby contract with second party for the 'removal of garbage, refuse and trash from the City of Meridian and within the corporate limits thereof for a period from the date of this contract until September 9, 1999, and it is specifically agreed that the rates and charges for this service shall be set by the City council of the city of Meridian ", 0" "-'E, : ;LD ~_...;TON 'co-ra IInd -..-..n O. Bo. ~ "'CI LatI. ~ ~ by Ordinance or rule or regulation, pursuant to Section 7-311, Compiled Ordinances of the City of Meridian, State of Idaho. 2. It is agreed that for all pickups and service within the City of Meridian, the billings therefor shall be handled by said City and the City shall receive and account for all monies both billed for and collected. 3. It is agreed that the City shall receive for this service the sum of five percent (5%) of the gross income collected by the City. 4. It is further agreed that said' City will balance and settle the accounts connected with this contract twice monthly such that second party will receive a check for payment of services on the 15th day of each month and another check on the last day of each month. It is further understood and agreed that all billings and collections shall be done by ~ City. The City agrees to use all re?lsonable means of collection and the blice monthly payment to second party shall be based on all accounts actually collected for the preceding portion of the month. City agrees to notify second party of all delinquent accounts within 60 days, and all delinquent accounts collected shall be accounted for and distri- buted to the parties hereto every three months. Second party shall have the right to inspect city's books at all reasonable times to check the accuracy of the account under this contract. ""'BROSE. QERALD JOK$TON ""..,,,..,.. - CounMlOrl P.O.BoaƓ "'_Ian, kIafto II36.Q .'-'- .--.",- 5 . It is further agreed ~~at this contract shall be subject to and include by reference all of the terms of Title 7, Chapter 3, of the Ordinances of the City of ~eridian under authority of which this said contract is executed. 6. It is further agreed that in the event second party shalJ fail to perform the services required under this contract or default in the performance thereof, said City shall have the right to cancel the same upon first giving second party thirty (30) days written notice of the nature and manner in which it is in default and upon failure of sec~nd party to correct or remove said default within said period of thirty (30) days, the City shall have the right to declare this contract forfeited, shall retain all monies heretofore paid to the City as its percentage under this contract, and shall upon declaration of forfeiture, account to second party for all monies èue on. the date of forfeiture, and in such event, second party specifically agrees to cease and desist from the per- formance of any services called for by this contract within the City of Heridian, and the City shall be immediately released therefrom and shall have the right to enter into such other and different contract as it may deem necessary for the performance of the services by the City required. 7. It is agreed that the rates and charges as allowed to be set forth shall be reviewed by the parties every two years and adjusted up or down, or left the same, as the existing economic' conditions justify. A..BROSE, =rrzGERALD CROOKSTON , .and ~i,.._.,HIOtt P.O. 80. ~7 i8tldIan. IcMho ~2 "9fIOM ~ I 8. It is agreed that all apartments or other units on one water meter shall be charged to .the registered owner of said meter as. shown on the records of the City. 9. It is agreed ~~at all residential units are allowed unlimited service under the basic charge so long as the proper trash receptacles are used as allowed under Title 7, Chapter 3, of the Compiled Ordinances of the City of Meridian, State of Idaho. 10. It is further agreed that second party has the right. to terminate this contract after first giving first party six (6) months notice in writing. This agreement supersedes any and all prior agreements entered into between the parties hereto. IN tHTNESS WHEREOF, the parties hereto have hereunto set their hands and se~ls, the day and year in this agreement first above written. CITY OF MERIDIAN By' ~ p~ Grant Kingsford, May r , City Clerk SANITARY SERVICE, INC. ATTEST: BY~--./ d4i resident .... -'. AMBROZE, "lGERALD iOOKSTON All""'"" - Coun.""" p.0.eold7 M,,"dlan, IdaIIO 836<12 .,'-,.,,""'~f- STATE OF IDAHO, ) ) ss. ) COlin ty 0 f Ada, On this K day of 'yn~ , 1984, before me, the under- signed a Notary Public in and for said State, personally appeared GRANT KINGSFORD and JACK NIEMANN, Mayor and City Clerk, respectivel' of the Ci ty of Heridian, and HOHAM!,1ED ALID;.TANI and HELEN ALIDJANI, President and Secretary, respectively, of Sanitary Service, Inc., and acknowledged to me that they executed the within and foregoin9 instr~aent in the name of and on behalf of said City and corpora- ti on . IN ~'lI'rNESS ~'¡HEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (s rALj "' O~~,~ Notary Public for Idaho Residing at Meridian, Idaho