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First Amended Agreement Between the City ff San Leandro and the Oro Loma Sanitary District for Refuse, Green Waste and Recycling Services in the U Area This First Amendment to Agreement ( "Agreement ") is made and entered into as of the 21)01 day of J..Ur7c, , 2006 by and between the City of San Leandro ( "City ") and the Oro Loma Sanitary District ( "District "). RECITALS Whereas, the City and the District have entered into a "Term Sheet Agreement ", as approved by the City on March 6, 2006 and approved by the District on March 7, 2006, regarding refuse and recycling services within the City presently provided by the District through its franchise agreement with Waste Management of Alameda County (WMAC). The District has designated the portion of the City that receives residential, commercial and industrial refuse and recycling services by WMAC as the "L -3" area. Whereas, the terms and conditions of the Term Sheet Agreement were incorporated into an Agreement (Original Agreement) dated March 21, 2006 as approved by the City on March 20, 2006 (Resolution No. 2006 -029) and by the District on March 21, 2006. Whereas, the City.and District desire to enter into this f=irst Amended Agreement to provide for the imposition of a Franchise Fee on WMAC for the privilege of providing refuse services in the L -3 area. Whereas, this First Amended Agreement represents the entire and integrated Agreement between the City and District and, except as expressly set forth herein, supersedes all prior negotiations, representations, agreements or approvals, either written or oral. Whereas, State law requires the City to be responsible for establishing and monitoring recycling programs to achieve defined goals for reducing the amount of refuse material that is placed in landfills. The City has the legal responsibility for recycling activities, in order to comply with the provisions of AB 939. The City has authorized the District to provide a recycling program in the L -3 area until September 1, 2007; WMAC presently provides this service for residents and businesses as part of its refuse franchise agreement with the District. The District's exclusive franchise agreement with WMAC for refuse service expires September 1, 2012. Whereas, the District wants to continue to provide refuse and recycling services in the L -3 area and will address the City's concerns about the recycling program and the loss. of franchise fee revenue to support municipal services. Whereas, in July 2004, the City notified the District of its intention to assume responsibility for both refuse and recycling services in the L -3 area commencing 831339 -1