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AMENDMENT No. 1 TO EXCLUSIVE FRANCHISE AGREEMENT
BETWEEN
CITY OF RICHMOND and
GOLDEN BEAR TRANSFER SERVICES, INC.
______
This Amendment No. 1 is entered into effective ___________, 2025, by and between the City of Richmond, a municipal corporation (“City”), and Golden Bear Transfer Services, Inc., a California corporation (“GBTS” or “Franchisee”).
RECITALS
WHEREAS, the City and GBTS entered into an exclusive franchise agreement entitled “Exclusive Franchise Agreement Between City of Richmond and Golden Bear Transfer Services, Inc. (“GBTS”) effective dated June 28, 2004 (“GBTS Franchise Agreement”); and
WHEREAS, pursuant to Section 3 of the GBTS Franchise Agreement, the contractor, Golden Bear Transfer Services, Inc provided notice to the City exercising its right to extend the term of the agreement 180 days prior to the expiration of the Agreement; and
WHEREAS, pursuant to Section 3 of the GBTS Franchise Agreement, the term extension shall be through December 31, 2035; and
WHEREAS, all of the terms, conditions, rights and obligations of the parties under the GBTS Franchise Agreement shall remain in full force and effect and shall not be changed in any manner except as expressly set forth in this Amendment to the GBTS Franchise Agreement; and
WHEREAS, Article XI, section 7 of the Constitution of the State of California empowers the City to make and enforce within its limits all sanitary and other ordinances and regulations not in conflict with general laws for the management of solid waste generated within the City; and
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NOW THEREFORE, in consideration of the promises and mutual covenants set forth herein, the Parties agree as follows:
AMENDMENT No. 1 TO GBTS FRANCHISE AGREEMENT
In consideration of the above and the promises and other provisions in this Amendment, the Parties agree to amend the Franchise Agreement as follows:
1. Term. The term of this Agreement shall be extended for a period of 10 years through and including December 31, 2035.
2. All Other Terms And Conditions Remain in Full Force and Effect. All other remaining terms of the GBTS Franchise Agreement shall remain in full force and effect.
3. No Other Agreements or Conditions. Except as provided Section 1 above, there are no other or further City and RSS Franchise Agreement amendments or other RSS or City conditions as a pre-requisite to City’s approval and the effectiveness of this Amendment.
IN WITNESS WHEREOF, the parties hereto executed this First Amendment to be effective as of the date first written above.
“CITY” “GBTS”
City of Richmond, Golden Bear Transfer Services, Inc.,
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a California municipal corporation a California corporation
_________________________________ ____________________________
Mayor Republic Services Area President
ATTEST:
_________________________________
City Clerk
Approved as to form:
____________________________ _____________________________ City Attorney
Counsel for GBTS