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2nd Amendment to Agreement (Okeechobee Landfill, Inc.) SECOND EXTENSION AND AMENDMENT TO A DISPOSAL CAPACITY AGREEMENT BY AND BETWEEN COLLIER COUNTY, FLORIDA AND OKEECHOBEE LANDFILL, INC. THIS SECOND EXTENSION and AMENDMENT AGREEMENT is made and entered into this g-Ii-k,\ day of MC.tfr , 2022, by and between Collier County, a political subdivision of the State of Florida (the "County"), and Okeechobee Landfill, Inc., a Florida corporation ("Operator"). RECITALS: WHEREAS, County and Operator are parties to that certain Disposal Capacity Agreement dated June 12, 2001 (the "Agreement"), which Agreement was first amended on June, 14, 2011 and extended and amended on May 12, 2022; and WHEREAS, the parties desire to exercise the first of two successive periods to extend the terms of the Agreement for an additional year; and WHEREAS, the parties believe the extension provided herein is in the best interest of the County and the Operator. WITNESSETH: NOW, THEREFORE, in consideration of the promises and covenants contained herein, and other good and valuable consideration exchanged amongst the parties, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. The parties desire to exercise their first option to further extend the term of the agreement for one more year. 3. The Term of the Agreement is hereby extended through July 1, 2023, unless terminated or extended as set forth in the Agreement. The term of this Agreement maybe further extended for one (1) additional year if there is capacity available in the Facility and the extension is mutually acceptable to the County and Operator. IN WITNESS WHEREOF, the parties have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. 9 ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K.,KINZEL,Clerk COLLIER COUNT i By: '1' • as toChairm "put 1-rk W7`iam L. McDaniel Jr., Chairman signature only. - Approved as to form and legality: a It Jennifer A. Belpedio $\ Assistant County Attorney - 2- Okeechobee Landfill, Inc. By: MeV WO m PRe.5;06./1/ Print Name and Title STATE OF FLORIDA COUNTY OF Par-, CJ The foregoing instrument was acknowledged before d M me by means of Z( physical presence or .Myl,o� online notarization this $ day of -rd, , 2022, by as Presic)& I for Okeechobee Landfill, Inc. (name) (title) v Personally known to me OR Has produced as identification ••••••~111.0•••••••61 3 41,2j2CIL ,;of;:; k„(SeatOLEEN T.HOULIHAN • MY COMMISSION 8 HH 004070 1 i4'll .;,.1 EXPIRES:August2,2024 Notary name: •,, , Bonded Thru Notary Public Underwriters ' —\