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In z <br />111E'i RECORDED, MAIL TO: <br />Cit; Attorney y <br />lreyn. <br />4 P. O. lice 520 <br />7-031791 t "§: <br />r- <br />Pleasanton, CA 94566 <br />1.,AGREEMENT APPROVING AN EXPENDITURE OF FUNDS <br />9 <br />TO CLOSE FORMER LANDFILL <br />y5+C-+. <br />etei S AGREEMENT is made and entered into this ! day ofG, <br />optc r, 1986, by and between PLEASANTON SPASMS SERVICE, INC. , <br />2 a California corporation (hereinafter referred to as "PGS") and K <br />the CITY OP PLEASANTON, a municipal corporation (hereinafter e <br />referred to as "CITY") . PCS and CITY agree as set forth below: <br />a PECI e S 7 <br />A. CYcY pursuant to Article 9, Chapter 2, Title TV of the i <br />Ordinance Code has established en exclusive franchise for the <br />collection of refuse in the CITY. <br />i B. PCS previously operated a landfill for ttc+ disponal of <br />solid waste for CITY in accordance with said franchise agreement. <br />1-- <br />C.C PGS purchased the landfill site for. $77,876.00 in <br />approximately 1969 and has never expensed the cost of the site in <br />the rates charged for services. <br />D. CITY's sole relationship to the landfill site is as, <br />franchisor to P03; the CITY does not have any real property <br />interest in the lat.dfill site and the landfill site is not witi,in <br />the city limits of Pleasanton. <br />E. Said landfill reached its capacity and PGS has taken <br />steps to properly close and cease operation of the landfill.al <br />F. Said landfill is subject to Closure Order Rusher 78-60 z <br />issued by the Regional Water Quality Control. Board, Sar, Francisco <br />Bay Region, July 18, 1978. <br />G. Said Order 78-60 requires that the migration of methane t t.. <br />gas be controllee as necessary to prevent the creation of any <br />nuisance and that the eaistingg sub-surface Jr in be <br />Y <br />removed. <br />H. CITY, by Resolution 81-36, Section 2(h) provided thu-t: <br />should the actual expenses necessary to properly close <br />off the former Vineyard Avenue durap site be less than <br />the $100,000 projection, the unspent moneys shall be <br />placed into the rate reserve. Should, however, said S' <br />expense exceed $100,000, the adoitienal expense may be <br />recovered in future rate increase. <br />3. <br />1. Funds equal to Eighty-six Thousand one Hundred Nineteen e <br />7 and No/100 Dollars ($86,119.00) have been expended en closure of <br />the lendfil.l site by PGS as of March 31, 1985, identified in <br />Exhibit A attached to this agreement. <br />i <br />a. <br />1 <br />i <br />0 <br />r <br />w <br />I