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R2022-084 2022-04-11RESOLUTION NO. R2022-84 A Resolution of the City Council of the City of Pearland, Texas, authorizing the First Amended Lease Agreement with Keep Pearland Beautiful for the operation of the Stella Roberts Recycling Center. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain First Amended Lease Agreement by and between the City of Pearland and Keep Pearland Beautiful, a copy of which is attached hereto as Exhibit “A” and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a First Amended Lease Agreement with Keep Pearland Beautiful for the operation of the Stella Roberts Recycling Center. PASSED, APPROVED and ADOPTED this the 11th day of April, A.D., 2022. ________________________________ J.KEVIN COLE MAYOR ATTEST: ________________________________ LESLIE CRITTENDEN CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: D655D6B0-F001-4000-A00E-129AC1B0B620 FIRST AMENDMENT TO Exhibit "A" LEASE AGREEMENT This Amendment (hereinafter "Amendment") is made between the CITY OF PEARLAND (hereinafter "Landlord"), and KEEP PEARLAND BEAUTIFUL (hereinafter "Tenant"), to amend that contract (the "Lease Agreement") between the Landlord and Tenant, attached hereto as Exhibit "A." 1 Amended Terms Landlord and Tenant hereby agree that Section 3, Rent and Other Consideration, of the Lease is amended to include the following Tenant shall be responsible for the proper handling, disposal, and documentation of all Household Hazardous Waste (HHW) received. at the Leased Premises The Tenant shall provide Landlord's contracted solid waste hauler (hereinafter"Contractor") the following information not later than the 5th business day after conclusion of each month for the purpose of invoicing - Type, volume, and origin (Pearland/Brazoria County/Non-Brazoria County) of the, HHW material received and subject to invoicing, and - Total volume of all HHW received by type and volume The Contractor will provide a separate monthly invoice to Tenant for HHW received by residents of Brazoria County and other surrounding counties, excluding City of Pearland residents-. Contractor will provide a separate monthly invoice to the Landlord for HHW received by City of Pearland residents HHW collected with the City of Pearland will be invoiced at the Contractor's rate in accordance with Landlord-Contractor contracted rate Tenant shall not assess any additional fees for City of Pearland residents associated with the disposal of HHW at the Lease Premises. 2 Lease to Remain in Force Other than the provisions of the Lease expressly amended herein, the Lease shall remain in full force and its enforceability shall be unaffected by this Amendment. EXECUTED and EFFECTIVE as of the II day of au. , 2022. KEEP PEAR I BEAUTIFUL Mao Adrian ' - xecutive Direct. CITY OF PEARLAND, TEXAS Clay Pearson, Cl Zit 1