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MODIFICATION AGREEMENT <br /> This modification agreement is entered into this ,n R day of <br /> _EL2/ :1r 4CLG 1974 by and between the CITY OF PLEASANTON, a <br /> municipal corporation, (hereinafter referred to as "City and <br /> PLEASANTON GARBAGE COMPANY, INC., a California Corporation, doing <br /> business in Alameda County, California (hereinafter referred to as <br /> "Collector <br /> WHEREAS, City and Collector entered into an agreement dated <br /> July 12, 1971 providing an exclusive franchise to Collector and <br /> establishing collection rates; and <br /> WHEREAS, Collector has requested a rate increase from City in <br /> order to obtain a fair return on Collector's investment; and <br /> WHEREAS, the City Council considered Collector's request at <br /> a series of meetings and has approved the need for a rate increase <br /> on January 28, 1974, together with other modifications; and <br /> WHEREAS, the parties are desirous of modifying the original <br /> July 12, 1971 agreement to reflect the approved changes. <br /> NOW, THEREFORE, in consideration of the faithful performance <br /> of the terms, conditions, covenants and promises set forth herein, <br /> the parties hereto agree as follows: <br /> 1. Paragraph 5 (Consideration) is amended to read as follows: <br /> 5. CONSIDERATION. Collector shall pay one and one <br /> half dollars ($1.50) per year for each residential <br /> unit (except public housing), commercial or indus- <br /> trial unit taking such service. This rate shall be <br /> effective April 1, 1974; prior to this date the <br /> former rate of one dollar ($1.00) shall remain in <br /> effect. One-half of this sum shall be paid twice <br /> per year in advance by Collector to the City. Pay- <br /> ments shall be made no later than October 15 and <br /> April 15 of each year based upon the number of <br /> persons or facilities taking said service as of <br /> October 1 and April 1 of each year. Collector <br /> shall, on October 1 and April 1, submit to the <br /> City a duplicate listing of the number of persons <br /> or facilities upon which each semi annual payment <br /> is made. Further, Collector agrees to accept at <br /> the dump and dispose of free of charge for the <br /> City of Pleasanton any and all refuse, including <br /> tree stumps, building debris (excluding that from <br /> public housing), and other waste material from <br />