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deposited during each calendar quarter shall be paid to the County within <br /> 30 clays following the close of each calendar quarter, regardless whether <br /> the fees imposed in Condition No. 102.2 have been collected by the <br /> operator; and <br /> <br /> (b) the fees imposed pursuant to Condition No. 102.3 shall be collected by the <br /> operator and payable at the time and only to thc extent that these fees are <br /> included in the franchise rate base for solid waste. As the fees imposed <br /> pursuant to Condition No. 102.3 are included in the franchise rote base for <br /> solid waste, such fees shall be collected by the operator at the same time <br /> that regular franchise disposal fees are paid for the solid waste disposed at <br /> the ALRRF, and the fees payable for waste deposited during each calendar <br /> quarter shall be paid to the County within 30 days following the close of <br /> each calendar quarter regardless of whether the fees imposed in Condition <br /> No. 102.3 have been collected by the operator (but provided such fees are <br /> only payable when and to the extent the operator and the party paying the <br /> fee have agreed that the fees are included in the franchise rote base). <br /> <br /> The ¢ perator shall take all actions necessary to ensure that these fees are included <br /> in thc. franchise rate base for each franchisor or each jutisdiction which disposes <br /> of ftc nchise solid waste at the ALRRF at the earliest possible date allowable <br /> unde: each franchise agreement or other agreement providing for disposal of <br /> franc rise solid waste at the ALRRF. If any franchisor or other party to such an <br /> agree merit fails to take diligent steps to include these fees in the franchise rote <br /> base' the operator, at its expense, shall initiate and diligently pursue litigation no <br /> later :hen twelve (12) months following the effective date of this permit to enforce <br /> payn ent of the fees, including recovery of all unpaid fees retroactive to the <br /> effec :ire date of this permit; the County shall join as a co-plaintiffin any such <br /> actio ~. The operator shall report to the Board of Supervisors and to the County <br /> Cou~ scl regarding collection and payment of these fees bimonthly for twelve (I 2) <br /> monl hs following the effective date of this permit, and annually thereafter. The <br /> open tor shall not enter into any new or amended franchise agreement or other <br /> agre~ merit providing for disposal of franchise solid waste at the ALRRF, or <br /> extegd an existing agreement, if the new or amended agreement or extension <br /> omit~ the fees set forth in Conditions No. 102.2 and 102.3. In the event that these <br /> fees ~re judicially determined in whole or in part to be unenforceable against a <br /> fran~hisor, the operator shall cooperate with the County in any modification of <br /> thes~ fees necessary to make them enforceable. <br /> <br />102.5 The [fees imposed by Conditions No 102.2 and 102.3 shall be distributed as <br />provlded in the Settlement Agreement Between and Among the County of <br />Alar~eda, the City of Livermore, the City of Pleasanton, Sierra Club, Northern <br /> Calil amia Recycling Association Altamont Landowners Against Rural <br /> mnagement, and Waste Management of Alameda County, Inc. <br /> Mist <br /> <br /> 31-B <br /> Final Aitamont Settlement - Exhibit B <br /> <br /> <br />