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<br />09/08/2008 <br /> <br />ATTACHMENT 2 <br /> <br />AGREEMENT <br /> <br />-I" <br />This Agreement ("Agreement") is entered inta as .of the (;jj~l d~y .of '~ih)t..,t <br />2008, by and between the CITY OF SAN CARLOS, a municipal carparation ("City") and <br />the SOUTH BAYSfOE WASTE MANAGEMENT AUTHORITY, a jaint pawers autharity <br />established under Government Cade Sectian 6500 ef seq. ("Authority"), in cannection <br />with the Shareway Recycling and Oispasal Center ("SROC Facility"). <br /> <br />RECITALS <br /> <br />A. The members of the Authority are City, the cities .of Atherton, Belmont, <br />Burlingame, East Palo Alto, Foster City, Hilfsborough, Menlo Park, San Mateo and <br />Redw.ood City, San Mateo County and the West Bay Sanitary District. <br /> <br />B. The SRDC Facility is a transfer station and materials recavery facility <br />.owned by the Autharity and located within the City, adjacent ta U.S. Highway 101. <br /> <br />C. Municipal sa lid waste and recyclable materials callected within each .of the <br />lacal government agencies that are members of the Autharity are delivered ta the SROG <br />Facility for pracessing. Recyclable materials are rec.overed far sale .or further <br />processing at .off-site facilities and residual wastes are delivered in large transfer trucks <br />ta the Ox Mountain LandfilL <br /> <br />D. The SHDC Facility was initially constructed in 1982 by Brawning Ferris <br />Industries ("BFI") pursuant ta a canditianal use permit issued by the City to SF!. The <br />Autharity purchased the SROC Facility in 2000. The Authority now desires to <br />recanstruct, expand, and otherwise improve the SROC Facility, and as further described <br />in Section 6 .of this Agreement, has applied to City far a new conditianal use permit <br />("New CUP") far that purpase. <br /> <br />E. The. City and BFI entered inta a IIFranchiseAgreement" in June 1982 <br />which provided that BFI wauld pay the City five percent (5%) of the Gate Fee Revenues <br />received by BFI far delivery of materials ta the Shareway Facility in .order ta, amang <br /> <br />38.J/OIiU 62-0003 <br />925393.05.07/01/08 <br /> <br />14896 <br />MUFF # 304 <br />