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