Laserfiche WebLink
FRANCHISE HAULER ACKNOWLEDGMENT <br /> THIS FRANCHISE HAULER ACKNOWLEDGMENT,dated as of (the"Acknowledgment"),and <br /> between the (the"City")and (the"Franchise Hauler"), <br /> WITNESSETH <br /> WHEREAS, the City and the Franchise Hauler have heretofore entered into an agreement entitled <br /> dated as of (the"Franchise");and <br /> WHEREAS,the City has issued to the Franchise Hauler a permit,license,approval or other authorization the <br /> "Authorization")which allows the Franchise Hauler to provide solid waste collection services within the City;and <br /> WHEREAS,the Franchise[SUBSTITUTE"AUTHORIZATION"THROUGHOUT IF APPLICABLE]] <br /> provides for the collection and disposal of certain municipal solid waste as described therein ("Franchise Waste") <br /> generated within the City;and <br /> WHEREAS,the County of Orange(the"County")owns,manages and operates a Waste Infrastructure System <br /> that is permitted to accept or process Acceptable Waste for disposal or diversion;and <br /> WHEREAS,the City and the County have heretofore entered into a Waste Infrastructure System Enterprise <br /> Agreement(the"WISE Agreement"),dated as of ;and <br /> WHEREAS, the WISE Agreement details responsibilities for disposal of municipal solid waste and may <br /> include processing of identified Organic Waste for diversion,generated within the boundaries of the City,and determine <br /> that the execution of the WISE Agreement will serve the public health, safety and welfare of the residents of the City <br /> and County, by maintaining public ownership and stewardship over the Waste Infrastructure System and providing <br /> disposal rate stability, predictable and reliable long-term disposal service, enhanced organics processing to assist the <br /> City in meeting its organics diversion requirements,and the continuation of sound environmental management;and <br /> WHEREAS, under the WISE Agreement, the County has agreed to provide long-term disposal of all <br /> municipal solid waste generated within the City and may also provide for Organic Waste processing under an OSA <br /> and the City has agreed to exercise all legal,and contractual power which it possesses from time to time to deliver or <br /> cause the delivery of such waste to the Waste Infrastructure System; and <br /> WHEREAS, the provisions of the WISE Agreement guarantee capacity for the long term disposal and <br /> processing of waste at specified rates generated in the City provide significant benefits to the Franchise Hauler; <br /> WHEREAS, notwithstanding any Franchise provisions to the contrary, the Franchise Hauler explicitly <br /> acknowledges the aforementioned benefits to the City, the County and the Franchise Hauler in providing for the <br /> disposal of all Franchise Waste to the Waste Infrastructure System; and <br /> WHEREAS, the City and the Franchise Hauler desire to enter into this Acknowledgment to assure that the <br /> City and the Franchise Hauler will be entitled to the benefits of the WISE Agreement and to assure conformity with <br /> the waste delivery obligations which have been agreed to by the City under the WISE Agreement through the delivery <br /> of waste by the Franchise Hauler to the Waste Infrastructure System;and <br /> WHEREAS,the Franchise Hauler's agreement to deliver Franchise Waste to the Disposal System under this <br /> Acknowledgment is given in consideration of the Franchise Hauler's right to receive the Contract Rate for such <br /> disposal and processing as provided in the WISE Agreement. <br /> NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, the <br /> receipt and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound hereby, <br /> agree as follows; <br /> 1. Capitalized terms used and not otherwise defined herein are used as defined in the WISE Agreement. <br /> 2. The Franchise Hauler hereby waives any right which it may possess under applicable law to contest <br />