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<br />6.3C <br />Page 4 <br /> <br />ATTACHMENT 2 <br /> <br />AGREEMENT <br /> <br />This Agreement ("iAgreemenf') js entered into as of the ';"1l-J'~Lay of .j u i.-''f <br />2008, by and between the CITY OF SAN CARLOS, a municipal corporation e'City") and <br />the SOUTH BAYSIDE WASTE MANAGEMENT AUTHORITY, a joint powers authority <br />established under Government Code Section 6500 et seq. ("Authority"), in connection <br />with the Shoreway Recycling and Disposal Center ("SROG Facility"). <br /> <br />RECJTAlS <br /> <br />A. The members of the Authority are City, the cities of Atherton, Belmont, <br />Burlingame, E~st Palo Alto, Foster City, HilIsborough, Menlo Park, San Mateo and <br />Redwood City, San Mateo County and the West Bay Sanitary' District. <br /> <br />B. The SRDC Facility is a transfer station and materials recovery facility <br />owned 'by the Authority and focated within the City, adjacentto U.S. Highway 101. <br /> <br />C. Municipal solid waste and recyclable materials collected within each of the <br />local government agencies that are members of the Authority are delivered to the SRDC <br />Facility for processing. Recyclable materials are recovered for sale or further <br />processing at off-site facilities and residual wastes are delivered in large transfer trucks <br />to the Ox Mountain landfilt. <br /> <br />O. The SROC Facility was initially constructed in 1982 by Browning Ferris <br />Industries ("BFI") pursuant to a conditional use permit issued by the City to BFt The <br />Authority purchased the SROC Facility in 2000. The Authority now desires to <br />reconstruct, expand, and otherwise improve the SROG Facility, and as further described <br />in Section 6 of this Agreement, has applied to City for a new conditional use permit <br />("New CUP") for that purpose. <br /> <br />E. The. City and SFI entered into a "Franchise Agreement" in June 1982 <br />which provided that BFI would pay the City five percent (5%) of the Gate Fee Revenues <br />received by BFI for delivery of materials to the Shoreway Facility in order to, among <br /> <br />384,-061.16;1.0003 <br />925:193,0$ a07iOl/OJ <br />