HomeMy WebLinkAbout1990-10-22 90-356 ORDERLassen „cnon
Date 10/22/90 Item No. 90_356
Item/Subject: Authorizing Execution of First Amendment to the Interim Tipping Fee
Agreement with the Penobscot EnergyRecovery Company
Responsible Department: Engineering
Commentary:
Negotiations of the proposed new long term Agreement have taken
.longer than was anticipated. and PERC has agreed to extend the deadline
for the Interim Tipping Fee Agreement from September 30, 1990 to
December 31, 1990, upon the execution of the First Amendment to the
Tipping Pee Agreement.
It is recommended that the Amendment be signed.
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Manager's Comments:
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Fee Agreement with the Penobscot....Energy Recovery Company
. ..... ......._.... _..........
........... _
By Hm "ey Counsel of M C tY of Remote:
ORDERED,
THAT , NNF.REES, the City Council by Council Order No. 90-151 passed April
11, 1990 authorized the City Manager to execute an Amendment to the Tipping Fee
Contract with the Penobscot Energy Recovery Company (PERC) to provide for an
Interim Agreement which would extend to September 30, 1990, for the Purposeof
allowing time for the Committee to Analyze PERC (CAP) to negotiate a long term
Contract Amendment; and
WHEREAS, said negotiations between CAP and PERC have extended beyond the
termination date for the Interim Tipping Fee Agreement of September 30, 1990; and
WHEREAS, PERC has offered to allow the extension of said interim Agreement
to not later than December 31, 1990 upon the execution of the First Amendment to
the Interim Tipping Fee Agreement, a copy of which is attached hereto.
NOW, THEREFORE, Be It
ORDERED. THAT the City Manager, acting for and on behalf of the Municipal
Officers, be and hereby is authorized to execute said Amendment.
90-356
Ateigned to GounNor
goal, October 22, 1990
CITY
OF
BANGOR
(TUTEE.)(®rber,
of.
FSrstAmendment
Co the. Interim Tipping
Fee Agreement with the Penobscot....Energy Recovery Company
. ..... ......._.... _..........
........... _
By Hm "ey Counsel of M C tY of Remote:
ORDERED,
THAT , NNF.REES, the City Council by Council Order No. 90-151 passed April
11, 1990 authorized the City Manager to execute an Amendment to the Tipping Fee
Contract with the Penobscot Energy Recovery Company (PERC) to provide for an
Interim Agreement which would extend to September 30, 1990, for the Purposeof
allowing time for the Committee to Analyze PERC (CAP) to negotiate a long term
Contract Amendment; and
WHEREAS, said negotiations between CAP and PERC have extended beyond the
termination date for the Interim Tipping Fee Agreement of September 30, 1990; and
WHEREAS, PERC has offered to allow the extension of said interim Agreement
to not later than December 31, 1990 upon the execution of the First Amendment to
the Interim Tipping Fee Agreement, a copy of which is attached hereto.
NOW, THEREFORE, Be It
ORDERED. THAT the City Manager, acting for and on behalf of the Municipal
Officers, be and hereby is authorized to execute said Amendment.
In City cadmil 00tow 22,1990
Passed Councilors Cohen And
Sawyer Abstained
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City Cleek
90.356
ORDER
Title,
Authorizing Execution of Pirst Amer4ment
W. the. Interim. TiPPim8.8ee.Agreement.with
the Penobscot Energy Recovery Compum
.....................................
o
A igned to
.......................
Councilmen
08/21/80
FIRST AMENDMENT
TO
ZNTE.RTV TIPPING FEE AGREEMENT
90-356
The Interim Tipping Pee Agreement ("Agreement') between
UMUNICIF�
Recovery COmpanp ERC-) dated ,
AND PenobscotEn 90 is
hereby amended as Follows:
In Paragraph 2. Effective ➢ate: Term; Billing and Paysent
Terme, Sub -Paragraph (b); the words , hot in en event
shall this agreement extend later than September 301 1990."
are delated;
son, in their place, sre inserted but in no event shall
this agreement artaon later than December 31, 1990 unless
further emteoded by mutsal consent of the parties. -
This AMENDMENT shall be effective as of September 30, 1990.
The Agresment, together with its attached schedules, in all other
respects shall remain in effect.
IN WITNESS WKERBOT the parties hereto have executed this
Agreement as of the day of , 1990.
WITNESS MONICIPALITY
By:
Its:
PENOBSCOT ENERGY RBCOOSNY COMPANY
By: PERC MANAGEMENT COMPANY,
y v -g General Parka,:
Bye PERC, INC., its Sole
-- General Partner
By:
By: ENERGY NATIONAL, INC.,
General Partner.
CSM/47550/.Ag9