Agdapkt 2010-12-06 clsd and regular

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I 6.3A Page 21 1 areas. The Authority shall endeavor to use these areas in a manner that does not 2 interfere with Contractor's use of them. 3 3. Finally, five (5) parking spaces in the visitor parking area in front of the west 4 entrance to the Transfer Station will be reserved for use of Authority staff and 5 invitees. 6 C. Collection Contractor's Use of Facilities and Areas. The parties anticipate that Member 7 Agencies will enter into franchise agreements with a Collection Contractor. The 8 Authority will allow the Collection Contractor to make use of the Shoreway Center, as 9 described in this section and Attachment 5. The Collection Contractor will have the 10 exclusive right to occupy and use the northeast parcel of the Shoreway Center 11 designated "Collections Yard/Collections Operations Area" on Attachment 5, as well as 12 the buildings and facilities located in this area. The Collection Contractor shall also 13 have exclusive use of approximately 21,130 square feet of office space designated as 14 "Existing Admin" on Attachment 5, together with the adjacent parking area. 15 D. Shared Use Areas. In addition, there are areas of the Shoreway Center that Contrac�or 16 and the Collection Contractor will need to share. The areas of shared utilization 17 include: entry/exit access roads; the fueling area; a bay in the smaller maintenance 18 building which Contractor may use; and the parking area behind the Transfer Station. 19 The Collection Contractor shall have priority to use of fueling facilities; Contractor shall 20 cooperate with the Collection Contractor in the use of other shared areas in order to 21 minimize interference with its operations. If there is a dispute between the Contractor 22 and the Collection Contractor over the shared use areas, the Authority will make a 23 determination as to the extent of use by each, which determination shall be final and 24 binding on each. 25 Each contractor using the Shoreway Center will pay for costs associated with its use. In 26 cases in which there is a single meter (e.g., water and sewer), the costs will be 27 allocated as the Contractor and the Collsction Contractor agree. If they are unable to 28 agree, the Authority will make a determination, which determination shall be final and 29 binding on each. 30 E. Other Contractors Temporarilv On Site. Contractor is aware that upon the 31 Commencement Date, (1) a general civil construction contractor will be working at the 32 Shoreway Center, and (2) a separate supplier/contractor will be installing recycling 33 equipment in the MRF. Contractor will conduct its operations so as to avoid interfering 34 with the work of either of these contractors. 35 5.06 PERMITS 36 A. The Authority will obtain those new permits and renew those existing permits listed as 37 its responsibility on Attachment 6. 38 B. If new operating permits and approvals (or amendments to the permits and 39 approvals obtained by the Authority) become necessary by virtue of Contractor's 40 operations or changes in operations, Contractor shall obtain them. The Authority will 41 assist the Contractor in obtaining permits provided that the operations which give rise to 42 the need for them are in compliance with this Agreement. Contractor shall submit a 43 draft of all applications for operating permits (and for subsequent renewals or 44 modifications thereot� to the Authority for its review and approval prior to filing an 45 application with the permitting agency(ies). Contractor shall keep the Authority fully 46 informed at all times on the status of all permit applications. Contractor shall apply for 47 permits in its own name or in the name of the Authority, as directed by the Authority. Operating Agreement for Shoreway Center Page - 12 - 7/30/09