Agmt09 South Bay Recycling, LLC - Laserfiche WebLink

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 3. Finally, five (5) parking spaces in the visitor parking area in front of the west entrance to the Transfer Station will be reserved for use of Authority staff and invitees. C. Collection Contractor's Use of Facilities and Areas. The parties anticipate that Member Agencies will enter into franchise agreements with a Collection Contractor. The Authority will allow the Collection Contractor to make use of the Shoreway Center, as described in this section and Attachment 5. The Collection Contractor will have the exclusive right to occupy and use the northeast parcel of the Shoreway Center designated "Collect.ions Yard/Collections Operations Area" on Attachment 5, as well as the buildings and facilities located in this area. The Collection Contractor shall also have exclusive use of approximately 21,130 square feet of office space designated as "Existing Admin" on Attachment 5, together with the adjacent parking area. D. Shared Use Areas. In addition, there are areas of the Shoreway Center that Contractor and the Collection Contractor will need to share. The areas of shared utilization include: entry/exit access roads; the fueling area; a bay in the smaller maintenance building yvhich Contractor may use; and the parking area behind the Transfer Station. The Collection Contractor shall have priority to use of fueling facilities; Contractor shall cooperate with the Collection Contractor in the use of other shared areas in order to minimize interference with its operations. If there is a dispute between the Contractor and the Collection Contractor over the shared use areas, the Authority will make a determination as to the extent of use by each, which determination shall be final and binding on each. Each contractor using the Shoreway Center will pay for costs associated with its use. In cases in which there is a single meter (e.g., water and sewer), the costs will be allocated as the Contractor and the Collection Contractor agree. If they are unable to agree, the Authority will make a determination, which determination shall be final and binding on each. E. Other Contractors Temporarilv On Site. Contractor is aware that upon the Commencement Date, (1) a general civil construction contractor will be working at the Shoreway Center, and (2) a separate supplier/contractor will be installing recycling equipment in the MRF. Contractor will conduct its operations so as to avoid interfering with the work of either of these contractors. 33 5.06 PERMITS 34 A. The Authority will obtain those new permits and renew those existing permits listed as 35 its responsibility on Attachment 6. 36 B. If new operating permits and approvals (or amendments to the permits and 37 approvals obtained by the Authority) become necessary by virtue of Contractor's 38 operations or changes in operations, Contractor shall obtain them. The Authority will 39 assist the Contractor in obtaining permits provided that the operations which give rise to 40 the need for them are in compliance with this Agreement. Contractor shall submit a 41 draft of all applications for operating permits (and for subsequent renewals or 42 modifications thereof) to the Authority for its review and approval prior to filing an 43 application with the permitting agency(ies). Contractor shall keep the Authority fully 44 informed at all times on the status of all permit applications. Contractor shall apply for 45 permits in its own name or in the name of the Authority, as directed by the Authority. 46 Contractor shall not agree to permit terms and conditions on any permit which is to be 47 issued in the name of the Authority without the prior written consent of the Authority. Operating Agreement for Shoreway Center Page - 12 - 7/30/09