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HomeMy WebLinkAboutResolutions - 2013.10.30 - 21088MISCELLANEOUS RESOLUTION//#13281 October 30, 2013 BY: Planning and Building Committee, Jim Runestad, ChairpersonIN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS - SOLID WASTE PLAN AMENDMENT FOR BALDWIN PONTIAC, LLC AND RIZZO PROPERTIES, LLC To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, Oakland County has a Solid Waste Management Plan (Plan) that was prepared in accordance with Public Act 451, as amended, 1994, Part 115; Solid Waste Management; and WHEREAS the law requires that the Plan identify all solid waste landfills, Type A transfer stations, and waste processing facilities within Oakland County and that the Plan must be amended to include new facilities or sites; and WHEREAS the Plan states that a company seeking a Plan amendment will submit a proposal to the County Executive, whose office is the Designated Planning Agency (DPA) for solid waste planning, and Oakland County will create a budget of the cost to consider such an amendment, which will then be charged to the proposer as an application fee; and WHEREAS the Oakland County Board of Commissioners must approve the budget and the request to initiate the Plan amendment process; and WHEREAS Oakland County has a Solid Waste Management Planning Committee which will assist the DPA in preparing the proposed Plan amendment; and WHEREAS Once approved by the Solid Waste Management Planning Committee, the Plan amendment will be released for a 90-day public comment period, which will include a public hearing; and WHEREAS the Plan amendment will require approval from the Solid Waste Management Planning Committee, the Board of Commissioners and 67% of the local units of government within the county before being sent to the Michigan Department of Environmental Quality for final approval; and WHEREAS the Oakland County Executive has received a request to amend the 1999 County Solid Waste Management Plan for the inclusion of a proposed transfer station/processing-recycling plant to be located in Pontiac; and WHEREAS Oakland County DPA recommends an amount of $5,000 to be charged as the application fee, which includes $1,000 for mailings and $4,000 for public notice advertising. NOW, THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Plan amendment process to be initiated to consider a proposal from Baldwin Pontiac, LLC and Rizzo Properties, LLC for an application fee of $5,000. BE IT FURTHER RESOLVED that this amendment process is initiated only for the proposal received from Baldwin Pontiac, LLC and Rizzo Properties, LLC. Any other proposals received by the County Executive will be considered as a separate Plan amendment process. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. -PLANNING AND BUILDING COMMITTEE PLANNING & BUILDING COMMITTEE VOTE: Motion carried unanimously on a roll call vote. Motion for direct referral to the Finance Committee carried unanimously on a roll call vote. Oakiandtf COUNTY MICHIGAN Economic Development & Community Affairs L Brooks Patterson, County Executive Executive Office Building 2100 Pontiac Lake Road, Bldg. 41W Waterford, Ml 48328-0412248.858.0720www.advantageoakland.com Proposed Transfer Station Site Legend t ] Proposed Site Boundary Tax Parcel Boundary 2012 Land Use Agricultural Single Family Multiple Family Mobile Home Park Commercial/Office Industrial Public/institutional Recreation/Conservation Transportation/Utility/Communication Vacant Extractive Water Road Right-of-Way Railroad Right-of-Way 0 1 inch = 1,000 feel 750 1,500~~i Feet Map created; October 9. 2013 asshmmsuiiiiiiiiiiiiS&p .-eMsraisi'siBM'isg [ t-—- ijfiiiiiiipm ... Mm Montcalm St. llglhtcMiB St ¦/-t - Oakiandf COUNTY MICHIGAN Economic Development & Community Affairs L Brooks Patterson, County Executive Executive Office Building 2100 Pontiac Lake Road, Bldg. 41WWaterford, Ml 48328-0412248.858.0720 i//wv/.advanlageoakland.com Oakland County - Solid Waste Facilities - Legend ^ <? Municipal Boundary # Landfill (Type II) # Transfer Station # Drop-off Recycling Facility Type 11 landfills, or municipal landfills can accept virtually any non-hazardous solid waste for disposal. Transfer stations are facilities where municipal solid waste is unloaded fromcollection vehicles and briefly held whileit is reloaded onto larger long-distancetransport vehicles for shipment to landfillsor other treatment or disposal facilities. Drop-off recycling facilities provide resi¬ dents a place to dispose of commonhousehold materials like paper, plastic, and glass that are no longer in use. I Miles Map created: Odober 9. 2013 VillSge; of)Leonard Oxford Township Village |,bf Ortonvilie ¦Addison TownshipHolly ji Township Brandon TownshipGroveland 'Township Village ofj.jDxfcj ' Village-'Of LaKfe:-Orion. r" fOrion ^ ! i 'TownsHip^ Eagle Valley Landfill & Drop-off Recycling Facility Independence Township Oakland Township Springfield "^Township RosejjTownship ViU'age of Olai^sLorT Oakland Heights Development Landdfill Royal Oak Drop-off Recycling Facility White Lake ^ . -=:' ¦"-^I'ownship^ j' Waterford jfownship-Aubura —Hills- _Highland Township Sylvan .'Lake*0gp- Marbor [Orchard Lake Village' _Village df;Mil:Sloora-.field —Hills—Blbomfield "Township.-:W est -Blp'otn field" Township if'Wolyerin.e LiMilford;Township Ciawson ¦galled Lake w 1__£^_yilia'ge-of| |Bingh^Sn RarmsVilla ge'ofrl^rank-lin^ 1| —j | -.Lathniip Wixom "Madison Heights Earmihgton- Huntington., r -_JWoods^_.iLyon Tovraship Republic Waste Transfer Station Kovi i Township^ sNoptSviil^ OAK! A!ND P COUNTY MICHIGAN Economic Development & Community Affairs L. Brooks Patterson, County Executive Executive Office Building 2100 Ponliac Lake Road, Bldg. 41WWatertord, Ml 48328-0412 248.858.0720wivw.advanlageoaklancl.com Southeast Michigan Region - Active Landfills - Legend County Boundary 9 Type II Landfill 0 Type III Landfill Solid waste landfills are of two basic types. They are licensed as either Type II or Type III landfills. A Type II landfill, or municipal landfill can accept virtually any non-hazardous solid waste for disposal. A Type III landfill can be a construction and demolition landfill or a special use landfill for a particular waste. Operational requirements for landfills arefound in the administrative rules for Part115 of Act 451: Rule 426 (R 299.4426)through Rule 441 (R 299.4441) for Type IILandfills and Rule 315 (R 299.4315) through Rule 318 (R 299.4318) for Type 111 Landfills. 20I Miles Map created: October 9. 2013 Lake Huron Lake St Clair Pigeon Bay Lake Erie 39500 High Pointe Boulevard .• Suite 350 Novi, Michigan 48375 Telephone 248/567-7400 • Fax 248/567-7440 • www.vamumiaw.com Richard P. Manczak Direct: 248/567-7826 rpmanczak@varnumlaw.comOctober 8, 2013 HAND DELIVERY L. Brooks Patterson County Executive Oakland County Executive Office Building - 41 West 2100 Pontiac Road Waterforct, Michigan 48328-0409 RE: MODIFICATION OF REQUEST TO AMEND THE COUNTY SOLID WASTE MANAGEMENT PLAN Dear Mr. Patterson: On behalf of our clients, Baldwin Pontiac, LLC and Rizzo Properties L.L.C. or their respective assigns (the "Developers"), and pursuant to our email notification yesterday to Matthew Gibb, Deputy County Executive, Daniel P. Hunter, Deputy Director, and Whitney Calioi Environmental Program Coordinator, Vamum, LLP is submitting this letter amending, and restating our September 20, 2013 request to amend the 1999 Oakland County Solid Waste Management Plan (the "County Plan"). We are hereby deleting our request for the inclusion of a proposed transfer station/processing - recycling plant to be located in Southfield and thereby limiting our request to include only a proposed transfer station/processing - recycling plant to be located in Pontiac. We are requesting the County to specifically amend the County Plan-to include the proposed facility and to authorize automatic consistency to Baldwin Pontiac, LLC. The facility is proposed to be located at 900 Baldwin Avenue, Pontiac, Oakland County, Michigan. For ease of reference and to correct some typographical errors in our September 20, 2103 letter, we are amending and restating the initial September 20, 2013 request and including all supporting documentation with this submission. As allowed for in the County Plan under Section 111-9 C; Plan Amendment to Include a Facility Not Included in this Plan, a new disposal area may be considered for plan consistency as a free¬ standing plan amendment. A request to amend the County Plan is to be made to the County Executive and a budget estimate and authorization for the County Plan Amendment by the Board of Commissioners will initiate the process. Portions of the County Plan to be revised include the following, listed in order as they appear in the County Plan. Grand Haven • Grand Rapids • Kalamazoo • Lansing ¦ Metro Detroit L. Brooks Patterson October 8, 2013 Page 2 Section III -1 THE SELECTED SOLID WASTE MANAGEMENT SYSTEM • Under "Designated Act 451 Solid Waste Disposal Area Facilities: Oakland County, Michigan on page III-4 and 5, list the Pontiac facility as both a Transfer Station and a Waste Processing Facility. Specifically, list the facility under: o Waste Processing Facilities ¦ BP-Pontiac, 900 Baldwin Avenue, Pontiac, New Designation o Transfer Stations ¦ BP-Pontiac, 900 Baldwin Avenue, Pontiac, New Designation Section III - 4 SOLID WASTE DISPOSAL AREAS • Under "Designated Solid Waste Disposal Areas in Oakland County:" on page 111-12, list the Pontiac facility as both a Transfer Station and a Waste Processing Facility. Specifically, list the facility under: o Type A Transfer Facility ¦ BP-Pontiac o Processing Facility ¦ BP-Pontiac Section III - 4 CONTINUED: SOLID WASTE FACILITY DESCRIPTIONS • Provide a Facility Description sheet within Section III for the Pontiac disposal facility, including the potential for a processing/recycling plant on the same or part of the property. Key information includes: BP-Pontiac Facility o Facility Type: Transfer Station and Processing/Recycling Plant o Facility Name: BP-Pontiac o County: Oakland o Location:City of Pontiac L. Brooks Patterson October 8, 2013 Page 3 o Town: o Range: o Section(s): N E 17 and 20 o Check the facility as Private o Owner: Baldwin Pontiac, LLC. or affiliate o Operating Status: Future Permitted Facility o Waste Types:Check all boxes and include sludge, foundry sand, and auto fluff in the "explanation of special waste" o Site Size: ¦ Total area of facility property: ¦ Total area site for use: ¦ Total area permitted: • Operating: • Not excavated: Current capacity: approximately 38 acres approximately 3 8 acres 38 acres N/A acres N/A acres TBD, X tons or yds" ¦ Estimated lifetime: 20+ years ¦ Estimated days open per year: 286 days ¦ Estimated yearly disposal volume: TBD tons ¦ Landfill gas recovery projects: N/A ¦ Waste-to-energy incinerators: N/A Section HI - 4 CONTINUED: SOLID WASTE FACILITY DESCRIPTIONS • On page 111-54 and 56, include the Pontiac facilities under "A.4: Solid Waste Processing Facility Disposal Areas" and under "A.5: Solid Waste Transfer Station Disposal Area". Specifically, list the facilities as: L. Brooks Patterson October 8, 2013 Page 4 o A.4: Solid Waste Processing Facility Disposal Areas ¦ BP-Pontiac / New / 990 Baldwin Road, Pontiac / The site is located in Section 17 and 20 in the City of Pontiac and is 38 acres, more or less. The site is to be shared with a processing plant. o A.5: Solid Waste Transfer Station Disposal Area ¦ BP-Pontiac / New / 990 Baldwin Road, Pontiac / The site is located in Section 17 and 20 in the City of Pontiac and is 38 acres, more or less. The site is to be shared with a transfer station. The Developers are requesting that the County begin the process to specifically amend the County Plan thereby authorizing automatic consistency for the proposed Facilities. Thank you in advance for your time and attention in this matter. If you have any questions or comments, or need additional infoimation, please contact me at 248-567-7826. Very truly yours, VARNUM Richard P. Manczak cc: Mr. Matthew Gibb, Deputy County Executive Mr. Frederick E. Zom, Jr., Deputy City Administrator, Southfield, MI Mr. Charles B. Rizzo Attachments: BP-Pontiac Site Location Maps Facility Area Summary Sheets Amended Pages from the 1999 Oakland County Solid Waste Management Plan Host Community Agreement and Amendment with the City of Pontiac SELECTED SYSTEM FACILITY DESCRIPTIONS Facility Type: Transfer Station and Processing/Recycling Plant Facility Name:BP-Pontiac County: Oakland Location: CitvofPontiac Town:3N Range: 10E Sectionfs): 17 and 20 Map identifying location included in Attachment Section: M Yes ÿ No If facility is an Incinerator or a Transfer Station, list the final disposal site and location for Incinerator ash or Transfer Station wastes: 1) Clinton Valley Farms Landfill (new facility); Macomb County; El Public ÿ Private Owner: Lenox Development, LLC or affiliate; 2) Pine Tree Acres Landfill; Macomb County; [xj Public ÿ Private Owner: Pine Tree Acres, Inc.; 3) Brent Run Landfill; Genesee County; S Public ÿ Private Owner: Brent Run Landfill, Inc.; 4) Citizens Disposal Landfill; Genesee County; IE] Public ÿ Private Owner: Citizens Landfill, Inc.; 5) Richfield landfill; Genesee County; IE] Public ÿ Private Owner: Richfield Landfill, Inc.; 6) Carleton Farms Landfill; Wayne County; M Public ÿ Private Owner: Republic Services of Michigan I, LLC; 7) Michigan Disposal Waste Treatment Plant; Wayne County; IE Public ÿ Private Owner: Michigan Disposal, Inc.; 8) Riverview Land Preserve; Wayne County; S Public ÿ Private Owner: City of Riverview; 9) Sauk Trail Hills Landfill; Wayne County; S Public D Private Owner: Sauk Trail Development, Inc.; 10)Woodland meadows Landfill; Wayne County; S Public ÿ Private Owner: Waste Management of Michigan, Inc.; 11) City of Livonia Landfill; Wayne County; IE] Public ÿ Private Owner: City of Livonia; 12) Detroit Incinerator; Wayne County; S Public ÿ Private Owner: Detroit Renewable PowerLLC Operating Status (check) Waste Types Received (check all that apply) 0 open m residential closed [x] commercial licensed IE] industrial unlicensed IE1 construction & demolition construction permit IE] contaminated soils open, hut closure pending [EI special wastes * (New facility) other: * Explanation of special wastes, including a specific list and/or conditions: Sludge, auto fluff, non-friable asbestos Site Size: Total area of facility property: 38 acres Total area site for use: 38 acres Total area permitted: 38 acres Operating: N/A acres Not excavated: N/A acres Current capacity: TBD ÿ tons or ÿ yds3 Estimated lifetime: TBD years Estimated days open per year: 286 days Estimated yearly disposal volume: TBD ÿ tons or ÿ yds3 (if applicable) Annual energy production: Landfill gas recovery proj ects: N/A megawatts Waste-to-energy incinerators: N/A megawatts (Possible Energy-from-Waste Facility SELECTED SYSTEM SOLID WASTE DISPOSAL AREAS The following identifies the names of existing disposal areas which will be utilized to provide the required capacity and management needs for the solid waste generated within the County for the next five years and, if possible, the next ten years. The following Facility Description pages contain descriptions of the solid waste disposal facilities which are located within the County and the disposal facilities located outside of the County which will be utilized by the County for the planning period. Additional facilities within the County with applicable permits and licenses may be utilized as they are sited by this Plan, or amended into this Plan, and become available for disposal. If this Plan update is amended to identify additional facilities in other counties outside the County, those facilities may only be used if such import is authorized in the receiving County's Plan. Facilities outside of Michigan may also be used if legally available for such use. Oakland County received requests from waste disposal firms to include all of their landfills in the Solid Waste Management Plan. These landfills are located throughout the State of Michigan. The disposal facilities listed below have historically received waste from Oakland County planning area or are accessible to the communities within a reasonable traveling distance. Only these disposal facilities are included in the Solid Waste Management Plan to minimize the need to include import and export authorization in the County Solid Waste Plan when there is no likelihood that waste would be disposed at a distant disposal facility. Type II Landfill Type A Transfer Facility Collier Road Landfill\ Allied Waste Transfer Station - Southfield Eagle Valley Landfill Allied Waste Site - Pontiac Oakland Heights Landfill SOCRRA Transfer Station - Troy SOCRRA Landfill SOCRRA Transfer Station - Madison Heights City of Pontiac Site - Pontiac Waste Management Site - Pontiac FPT - Pontiac Division - Pontiac BP - Pontiac Type in Landfill None Designated Incinerator None Designated Processing Facility SOCRRA MRF Site - Troy RRRASOC MRF Site - Southfield Allied Waste Site - Pontiac City of Pontiac Site - Pontiac Waste Management Site - Pontiac FPT - Pontiac Division - Pontiac BP - Pontiac Waste-to-Energy Incinerator None designated Other None Designated Waste Piles None Designated ON® / ... 2000 K*nn«r^ ; f WXItW*"'1' —«~Wil!oo B»«"" ' 2000 TB Feet 900 BALDWIN AVENUE /W,M Worlci»0"8l-— SourceS; Fsrl, DeLorme, NAVTEQjTomTom, tntermap, increment P Corp.,-^ G^BCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN.^adasfer NL,Ordnance Survey, Esn" Japan, METI, Es'ri China (Hdng-'Kong), swjsstopo,anS the GIS User Co'mrrftinity/ ' v' 900 BALDWIN AVENUEPONTIAC, OAKLAND COUNTY, MICHIGAN SITE LOCATION MAP GolderAssociates PROJECT NO RLE Ma 133ja011S000-QI3mtd SCALE AS SHOWN REV 0 FIGURE 1 HOST COMMUNITY AGREEMENT This Host Conummity Agreement ("Agreement"), is made this 28th. day of June 2013, between the City of Pontiac, a Michigan Municipal Corporation (the "City"')., and Rizzo Environmental Services, Inc., a Delaware corporation, or its affiliate ("Rizzo"), A. Rizzo desires to designate a portion of the Kennett Road Landfill property, the full legal description of which is attached hereto as Exhibit A. (the "Property"") as a Solid Waste Processing and Transfer Facility (hereinafter the "Facility"') and to re-zone the Property for heavy industrial use with a special use permit for outdoor storage to the extent not part of the Facility or, in the alternative, to site the Facility at another location in the City of Pontiac zoned M-2 that is better suited to construction of the Facility or in the event the conditions in Section 5,A.(i) - (iv) are not satisfied, or if the Property is unacceptable for development due to the environmental conditions related to the prior Kennett Road landfill. B. Rizzo desires to construct and operate the Facility on the Property, to be regulated under the Michigan Solid Waste Management Act, P.A. 451 of 1994, as amended and the rules promulgated thereunder (Part 115 of the Natural Resources and Environmental Protection Act, commonly known as "NREPA'1), if otherwise applicable; the Oakland County Solid Waste Management Plan; and applicable ordinances of the City. AGREEMENT In consideration of the mutual undertakings and benefits accruing to the parties hereunder and in conformity with applicable law, the parties hereto covenant and agree as follows: I. Definitions. "Hazardous Waste" is defined as the term is used in Part 111 of NREPA and the Resource Conservation and Recovery Act, 42 USC § 6903; "Medical Waste" means that term as it is defined in Part 115 of NREPA "with reference to Part 13S of the Michigan public health code, Act No. 378 of the Public Acts of 1978; "Rizzo" means the individual, corporation, partnership, joint venture or other entity entering into this Agreement with the City; "Solid Waste" means that term as it is defined in Part 115 of NREPA and the Resource Recovery and Conservation Act, 42 USC § 6903; "Solid Waste Facility" means any area where Solid Waste is stored, disposed, transferred, collected, processed, or otherwise handled for a fee and is required to obtain a permit and license pursuant to Part 115 of NREPA; "Yard Clippings" means that term as it is defined in 115 of NREPA. 2. Permitting and Environmental Regulation Compliance, Rizzo may seek approval of its application for inclusion in the Oakland County Solid Waste Management Plan for a Solid Waste Processing and Transfer Facility at the Property or, in the alternative, at another location in the City of Pontiac zoned M-2 that is better suited to construction, or in the event the conditions in Section 5.A.(i) - (iv) are not satisfied, or if the Property is unacceptable for development due to the environmental conditions related to the prior Kennett Road landfill, upon execution of this Agreement by the City and or its authorized representative. Subsequent to acceptance under the Oakland County Solid Waste Management Plan, Rizzo may file an application for and obtain (a) a construction permit and operating license if required, under the Part 115 of NREPA, and (b) any applicable City permits. Such applications are hereby supported and approved by the City, 3. Solid Waste Service Area, The allowable Service Area which the Facility may serve shall be as provided for by Part 115 of NREPA, if applicable, and/or the Oakland County Solid Waste Management Plan, as amended. 4. No Hazardous or Medical Waste; Disposal of Grass Clippings. Rizzo agrees that no waste classified and regulated as a Hazardous Waste or Medical Waste shall be disposed of at the Facility, nor will Rizzo apply for authority to dispose of Hazardous or Medical Waste at the Facility, In addition, in order to prevent unwanted odor, all Yard Clippings received at the Facility shall be transferred and removed from the Facility within 24 hours after receipt, 5. Host Fees. A. Solid Waste. Upon (i) the rezoning of the Property to an M-2 zoning classification; (ii) the issuance by the City of two special use permits for "Outdoor Storage" of vehicles and equipment for the Property, both in connection with the proposed Facility and as a separate business, and for construction, maintenance and operation of a solid waste processing and transfer facility; (iv) the execution and delivery of a mutually acceptable ground lease for the Propeily; (v) the inclusion of the proposed Facility in the Oakland County Solid Waste Management Plan (either at the Property or an alternate location within the City of Pontiac; (vi) the approval of such amended plan by the Director of the Michigan Department of Environmental Quality; and (vii) the issuance of all permits and licenses needed to allow the Facility to accept solid waste pursuant to Part 115 of NREPA, Rizzo shall, commencing on the first quarter thereafter, pay to the City a quarterly fee for each ton of Solid Waste disposed of at the Facility. The fee shall be fifty cents (SO.50) per ton for all Solid Waste accepted for disposal at the Facility. Rizzo shall deduct from any amounts owed pursuant to this subsection any Host Fees paid to the City as an advance pursuant to Subsection A above. 7 B. Limitations on Host Fee Obligations. The obligation to pay host fees imder this Section 5 shall not apply to any Solid Waste disposed of at the Facility pursuant to "no cost" disposal arrangements between Rizzo and the City. C. Time of Payment. Host fees pursuant to Section 5. B above shall be paid quarterly. The quarterly payments shall be calculated for the three month periods ending on the last day of March, June, September and December of each year during the term of this Agreement and any extension hereof, The payment shall be made not later than 30 days after the last day of the preceding calendar quarter. D. Payment Form. Each host fee payment shall be accompanied by a form prescribed by Rizzo specifying the weight of Solid Waste disposed at the Facility during the quarterly payment period. E. Books and Records, (i) Rizzo shall keep complete and accurate revenue related books and records relating to the determination of the host fees owed under this Section 5, in an auditable form. The City may retain, at its sole expense, a professional independent certified auditor to verify compliance with the financial provisions of this contract, After any fiscal year- the auditor shall be granted access to the Facility5s records, pertaining to the matters to be verified, during the ninety (90) day period following the completion of Rizzo's own audit which shall occur within one hundred twenty (120) days immediately following the fiscal year which ends December 31. Records provided to the City shall include all records required by generally accepted accounting and auditing principles to perform an audit to verify compliance with this Agreement. Under no circumstances shall the auditor be permitted access to records which will disclose the profits or losses of Rizzo. The City shall commence and complete its audit within the ninety (90) day period prescribed above upon notice from Rizzo of the completion of its own audit. Findings or conclusions of the auditor shall not be binding on the City and Rizzo except as provided in paragraph (ii) below. It is understood and agreed that any information received by tire City or its auditor3 in whatever form, oral or written, shall be considered confidential (to the extent permitted by law), and such information retained by the City or its auditor shall be kept and maintained in such a manner as to ensure such confidentiality to the maximum extent permitted by law. (ii) The City's auditor shall be provided with access to any books and records determined by the auditor to be necessary for tire auditor to verify compliance with this Agreement. The City shall also be provided with suitable space for a representative to count the trucks entering the Facility. It is agreed, however, that the auditor shall not directly or indirectly interfere with Rizzo's ongoing business operations, and shall sign a confidentiality agreement prepared by Rizzo which specifies that the information made available to the auditor shall not be disclosed by the City or the auditor under any condition to any third parties, without the' prior written consent of Rizzo. Such information will, not be disclosed by the auditor to the City except where such information pertains to a payment violation under this Agreement. In the event that the auditor finds what he/she believes to be a payment violation under this Agreement, the auditor shall immediately notify Rizzo in writing, and the auditor shall meet with both the accountants/auditors of Rizzo and with a representative of the City in an attempt to resolve and/or clarify the matter. If the issue is not resolved within a reasonable time, the issue shall be resolved in binding arbitration through the American Arbitration Association with a singlr arbitrator. Each party shall share equaly ¦ all costs and fees associated with the arbitration. The arbitrator shall issue a written, reasoned award. The award rendered by the arbitrator shall be final and binding upon the parties, and a judgment on such award may be entered in any court of competent jurisdiction. If it is agreed or later found that an additional payment is due and owing under this Agreement to the City, such payment shall be promptly made by Rizzo within fifteen (15) days, and Rizzo, whichever is applicable, shall pay simple interest on such amount from the date the amount should have been paid to the date of actual payment; such interest shall be calculated at the annual rate announced from time to time by the Wall Street Journal as the "prime rate." In the event that such audit reveals any overpayments) of the host fees, Rizzo may credit the amount of such overpayments) against the payments of host fees in subsequent quarters. Miscellaneous Obligations of Rizzo. A. Hours of Operations. Rizzo agrees that, except as provided herein or as reasonably required to service the needs of Rizzo's customers that it shall limit the operating hours of the Facility as follows: Monday through Saturday, 6:00 a.m. to 6:00 p.m. This limitation does not invalidate or void a more restrictive limitation of the hours of operation imposed by Oakland County or the State of Michigan. In said instance the more restrictive limitation shall control and be binding on Rizzo as though set forth above. The Facility shall include administrative offices that will be staffed during operating hours. B. Employment of City Residents. Rizzo agrees to give preferential treatment to City residents for positions of employment at the Facility, to the extent not'inconsistent with applicable state, local and federal law, with the goal of filling at least fifty percent (50%) of such positions with City residents. For die purposes of this paragraph, a City resident is defined as a person residing at a current Pontiac address. C. Prevention of Litter. Rizzo agrees to prepare a plan to remove solid waste litter from the area around the facility resulting from the facility's operation and implement the plan to remove litter from the area around the Facility. 4 D. Waste, Mud, and Other Residue. Rizzo shall use its best efforts, and shall work with the City to develop programs, if necessary, to prevent vehicles leaving the Facility from tracking mud or dirt onto the local roads that such vehicles will use for ingress to and egress from the Facility by paving all ingress and egress routes or installing a wheel wash facility if such paving is not done. Rizzo will require every open vehicle using the Facility to be tarped when entering the Facility. Tarping shall also be required on veidcles leaving the Facility, if any waste or waste residue remains on or in the vehicle. Residue, if any, which is incidentally tracked onto the local roads shall be cleaned up as soon as practicablej but not less frequently than nightfy, and disposed in compliance with all applicable local, state and federal laws and regulations. E. Emergency Plan. Within thirty (30) days of the effective date of this Agreement, Rizzo agrees to provide the City with an emergency plan for on-site personnel in emergency situations. 7. Clean-Up. Rizzo agrees that, prior to discontinuing its operations at the Facility, it shall remove all debris, refuse and fuel from the Property, and restore the Property to the condition that existed prior to any debris being deposited on the Property. 8. Compliance With All Laws. Rizzo agrees to comply with all applicable state, local and federal laws, regulations and requirements regarding the construction and operation of the Facility, including but not limited to all environmental requirements. 9. Transportation. Rizzo agrees to direct waste hauling vehicles which utilize the Facility to make deliveries by using a preferred transportation route, and. to use its reasonable efforts to schedule waste deliveries to avoid clustering of waste vehicles at the Facility. Designated transportation routes and/or deliveries shall not include residential areas. Rizzo agrees not to use convoys of waste vehicles to deliver waste to the Facility. In the event transportation problems arise, Rizzo shall, at the request of the City, meet with City representatives within 48 hours of notice of such problems, and shall adopt such reasonable procedures as may be necessary to resolve said problems. 10. City's Obligations. hi consideration of the mutual promises hereunder, the City shall (a) immediately (within 90 days) rezone the Property to M-2 and issue a special use permit for the Property for "Outdoor Storage" of vehicles and equipment; and (b) cooperate with and provide all reasonable assistance to Rizzo (at Rizzo's cost) in obtaining inclusion of the Facility in the Oakland County Solid Waste Plan and in obtaining and maintaining all permits and licenses required to construct and operate the Facility under applicable law and this Agreement. The City shall not oppose or 5 hinder in any way Rizzo's pursuit of any necessary or desired permits, licenses or authorizations consistent with this Agreement. 11. Term. This Agreement shall take effect on the date executed by the parties, and shall continue so long as the Facility is operated as a Solid Waste Facility, 12. jExecution of Documents, Each of the parties hereto agrees to execute and deliver to the other party any and all documents and/or instruments, in addition to those otherwise provided for herein, that may be necessary, appropriate, and/or desirable to give effect to the terms and intent of this Agreement, 13. Miscellaneous Provisions, A. Specific Performance. It is expressly agreed by and between the parties to this Agreement that the subject matter of this Agreement is unique and that the failure of any party hereto to comply with the obligations aad/or covenants contained herein constitutes irreparable injury if not fully and completely performed. Accordingly, any party seeking to enforce the terms and covenants contained herein shall be entitled to the equitable relief of specific performance and/or such other equitable relief as decreed and/or ordered by a court of competent jurisdiction. The remedies outlined in this Subsection, shall not be exclusive of any other remedy at law or in equity. B Governing Law. This Agreement and the performance hereof shall be construed and interpreted in accordance with the laws of the State of Michigan. C. Entire Agreement. This Agreement supersedes any and all agreements which may have existed prior to the execution of this Agreement. This Agreement constitutes the entire Agreement between the parties hereto in connection with the subject matter hereof. Neither of the parties to this Agreement have made any statements, representations or warranties in connection herewith, except as expressly set forth herein. This Agreement may not be modified orally. The parties may choose to amend this Agreement by means of a written document signed by all the parties hereto making specific reference to the changes to be made to this Agreement. D. Binding Agreement. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns. E. Notices. All notices, acceptances, requests and other communications permitted or required hereunder shall be made, in writing, and shall be deemed to have been given (upon receipt) if delivered by U.S. postal 6 certified or express mail to the address which is recognized as the place of business for the Rizzo. The Rizzo's place of business address shall be provided to the City by the Rizzo: Notice to City City ofPontiac City Hall 47450 Woodward Avenue Pontiac, Michigan 48342-5009 Attention: Mayor Notice to Rizzo Rizzo Environmental Services, Inc. 6200 Elmridge Sterling Heights, MI 48313 Attention: Charles B, Rizzo Either party may change the address to which notice is to be sent to it by notice in writing to the other party as above provided. Waivers, Waiver by either party of any breach, or failure to enforce any of the terms and conditions of this Agreement, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance with every term and condition hereof. Severability, If and to the extent that any provision of this Agreement or portion thereof shall be determined by any legislature or court to be in whole or in part invalid or unenforceable, such provision or term shall be unenforceable only to the extent of such invalidity without invalidating the remaining provisions hereof and all other provisions of this Agreement shall remain in full force and effect. Authorization to Execute this Agreement. The parties hereto each represent to the other that the individual executing this Agreement on behalf of Rizzo and the City, is duly authorized and empowered to bind Rizzo and the City (as may be the case). Limitation of Liability. In no event shall the parties hereto be liable to the others for any special, indirect, incidental or consequential damages of any kind or nature. Prevailing Party. In any lawsuit, arbitration, or other legal proceeding with respect to this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party its reasonable legal fees and costs. No Third-Party Beneficiaries. This Agreement is for the exclusive benefit of Rizzo and the City and shall not be deemed to give any legal or equitable right, remedy or claim whatsoever to any other person. Assignment/Delegation. Neither party shall have the right to assign its rights or delegate its duties hereunder without the prior written consent of the other except that Rizzo may assign its rights and delegate its duties to 7 an entity controlled by, controlling, or under common control with, Rizzo without the City's consent. L. Covenant not to Challenge Validity. The parties herein warrant that"they shall both defend the validity of this Agreement against all attacks from whatever source whatsoever, including, but not limited to, suits or actions brought by any governmental agency, private citizens, public, quasi-public or private groups, and hereby covenant and agree to be bound by the terms of this Agreement, and neither shall attempt, directly or indirectly, by any means whatsoever, to challenge the legal Validity or constitutionality of this Agreement, and each agrees that, by the execution of this Agreement, they shall be estopped to assert that this Agreement violates any ordinance, statute, regulation or provision of the constitution of the State of Michigan or the United States of America. Nothing contained herein shall be construed so as to prevent any party from pursuing any remedies they might have at law or in equity or as set forth in this Agreement to enforce the terms herein, or to challenge the compliance herewith by any party. M. Miscellaneous. This Agreement may be executed in counterparts, and each such counterpart shall constitute an original and all such counterparts shall constitute one and the same instrument. iti [signatures on following page] 8 Executed as of the date set forth above. RIZZO Print: STATE-OF MICHIGAN COUNTY OF HfWft Print: Cliaijfes B Ri^o Its: Chief Exefcutirve Officer ) ' )ss.) The foregoing instrument was acknowledged before me on by Charles B. Rizzo, the Chief Executive Officer of Kizzo Environmental Services, Inc., a Delaware con DAVID J CATAUNA RotsryPutiHc -MieWg® County •}: % Commission Jen 22, 2^$¦ftiSlfig in th^-Gounty of WITNESSES: Print: ZacWar^Tt ^g.c\cU Print: I ition. Print: Notary Public, My commission expires: County, Michigan CITY OF PONTIAC a Michigan public body corporate Its:" J J STATE OF MICHIGAN COUNTY OF ) )ss.Wf ) The foregoing instrument / was ,£/ & by woo acknowledged before me on 5 the ! P .*> . - - - - -¦¦ ofthe City ofPomiac, a Michi|an public body corporate, on behalf of the City of Pontiac. JAKl K H0L2ERNotary Public, State of MichiganCounty of OaklandMy Commission Expires Dec. 22,2019, Print^^^-^T /^- /Jj / Notary Public, Oakland County, Michigan My commission expires: /*?¦ 9 EXHIBIT A Property Description 10 Parcel A - The Property LAND IN THE NW5 NE AND SW 1/4 OF SECTION 18, TOWN 3 NORTH, RANGE 10 EAST, CITY OF PONTIAC, OAKLAND COUNTY, MICHIGAN, DESCRIBED AS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 18, THENCE S0r23'08"w, ALONG THE WEST LINE OF SECTION 18,288.88 FEET TO THE POINT OF BEGINNING; THENCE THE FOLLOWING NINE COURSES ALONG THE SOUTHERLY LINE OF TELEGRAPH ROAD (WIDTH VARIES); 1) ALONG THE ARC OF A CURVE TO THE LEFT 347.51 FEET, SAID CURVE HAVING A RADIUS OF 1077.00 FEET, A CENTRAL ANGLE OF 18029,14"J LONG CHORD BEAKS ^3305742*% 346,00 FEET; 2) N24043,l T'E, 283.13 FEET; 3) ALONG THE ARC OF A CURVE TO THE RIGHT 751.17 FEET SAID CURVE HAVING A RADIUS OF 817.00 FEET, A CENTRAL ANGLE OF 52o40'4S") LONG CHORD BEARS N51Q03'33nE) 724.99 FEET; 4) N77023,56"E) 531.88 FEET; 5) ALONG THE ARC OF A CURVE TO THE LEFT 458.96 FEET, SAID CURVE HAVING A RADIUS OF 967.00 FEET, A CENTRAL ANGLE OF 27D1 r39M, LONG CHORD BEARS N63o48'06'1E) 454.67 FEET; 6) N50o12'l6"E, 592.37 FEET; 7) ALONG THE ARC OF A CURVE TO THE LEFT 582.85 FEET, SAID CURVE HAVING A RADIUS OF 2033.00 FEET, A CENTRAL ANGLE OF 16025'35\ LONG CHORD BEARS N41059,26,IE! 580.86 FEET- 8) NSS^'S^'E, 94,98 FEET; 9) ALONG THE ARC OF A CURVE TO THE RIGHT 482 44 EEET, SAID CURVE HAVING A RADIUS OF 2856.96 FEET, A CENTRAL ANGLE OF 09°40l3V\ LONG CHORD BEARS N39o42'20"E, 481.87 EEET; THENCE S27055'16"WJ 967.00 FEET TO A POINT ON THE WESTERLY LINE" OF THE GRAND TRUNK WESTERN RAILROAD RIGHT OF WAY; THENCE ALONG SAID RAILROAD RIGHT OF WAY, S50oll,21"W) 917.12 FEET; THENCE CONTINUING ALONG SAID RAILROAD RIGHT OF WAY, ALONG THE ARC OF A CURVE TO THE LEFT 926.88 FEET, SAID CURVE HAVING A RADIUS OF 988.00 FEET, A CENTRAL ANGLE OF 53o45'05", LONG CHORD BEARS S24025122"WJ 893.26 FEET TO A POINT ON THE EAST & WEST 1/4 LINE OF SECTION 18; TFIENCE CONTINUING ALONG SAID RAILROAD RIGHT OF WAY S01o25l2rtW} 1550.28 FEET TO A POINT ON THE NORTH LINE OF KENNETT ROAD (86 FEET WIDE); THENCE ALONG THE NORTH LINE OF SAID KENNETT ROAD N81045I44"W, 1481.72 FEET TO A POINT ON THE WEST LINE OF SECTION 18; THENCE ALONG THE SAID WEST LINE, N0r23,08,,E3 1015.61 FEET TO THE POINT OF BEGINNING. CONTAINS 3,197,518.77 SQUARE FEET OR 73.405 ACRES. Together with temporary access to and from the following Parcels B and C until such time as the same are dedicated as public roadways: Parcel B -Kennett Road LAND IN THE SW 1/4 OF SECTION 18, TOWN 3 NORTH, RANGE 10 EAST, CITY OF PONTIAC, OAKLAND COUNTY, MICHIGAN, DESCRIBED AS:COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 18, THENCE S01o23'08nW, ALONG THE WEST LINE OF SECTION 18, 1304,49 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE NORTH RIGHT OF WAY LINE OF KENNETT ROAD (86 FEET WIDE), S81045I44,'E, 1481.72 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF GRAND 11 TRUNK WESTERN RAILROAD; THENGE SOl^S^'W, 43.31 FEET TO A POINT ON • THE CBNTERLINE OF KENNETT ROAD (43 FEET HALF WIDTH) AS ESTABLISHED IN VACATED "WOODWARD GARDENS SUBDIVISION", AS RECORDED IN LIBER 49 OF PLATS, PAGE 19, OCR; THENCE ALONG THE SAID CENTERLINE OF KENNETT ROAD, NSIMSWW, 1481.69 FEET TO A POINT ON THE WEST LINE OF SECTION 18; THENCE ALONG THE SAID WEST LINE, N0r23,08llE; 43.31 FEET TO THE POINT OF BEGINNING. CONTAINS 63,713.38 SQUARE FEET OR 1.463 ACRES. Parcel C - Telegraph Road LAND IN THE NW, NE AND SW 1/4 OF SECTION 18, TOWN 3 NORTH, RANGE 10 EAST, CITY OF PONTIAC, OAKLAND COUNTY, MICHIGAN, DESCRIBED AS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 18, THENCE S01o23'08"WJ ALONG THE WEST LINE OF SECTION 18, 91.92 FEET TO THE POINT OF BEGINNING; THENCE THE FOLLOWING TEN COURSES ALONG THE NORTHERLY LINE OF TELEGRAPH ROAD (WIDTH VARIES); 1) ALONG THB ARC OF A CURVE TO THE LEFT 161.39 FEET, SAID CURVE HAVING A RADIUS OF 957.00 FEET, A CENTRAL ANGLE OF 09039'45!,5 LONG CHORD BEARS N29o33'04l,E, 161.20 FEET; 2) N24043ii T'E, 283.13 FEET; 3) ALONG THE ARC OF A CURVE TO THE RIGHT 861.49 FEET, SAID CURVE HAVING A RADIUS OF 937.00 FEET, A CENTRAL ANGLE OF LONG CHORD BEARS NSrOS^'E, 831.47 FEET; 4) N77023I56',EJ 473.49 FEET; 5) ALONG THE ARC OF A CURVE TO THE LEFT 387.77 FEET, SAID CURVE HAVING A RADIUS OF 817.00 FEET, A CENTRAL ANGLE OF 27°! 1,39", LONG CHORD BEARS N63,,48,06IIE, 384.14 FEET; 6) 'H50Q12]16,% 701.30 FEET; 7) ALONG THE ARC OF A CURVE TO THE LEFT 491,95 FEET, SAID CURVE HAVING A RADIUS OF 1967.00 FEET, A CENTRAL ANGLE OF 14019'47", LONG CHORD BEARS N43o02,23"E, 490.67 FEET; S) N35053'15I,E, 428.31 FEET; 9) N49056'181,E, 454.97 FEET; 10) ALONG THE ARC OF A CURVE TO THE LEFT 48.67 FEET, SAID CURVE HAVING A RADIUS OF 1849.86 FEET, A CENTRAL ANGLE OF Ol^O'l?", LONG CHORD BEARS N49C,18'09"E) 48.67 FEET TO A POINT ON THE NORTH LINE OF SECTION IS; THENCE 389o23'20"E, ALONG SAID NORTH LINE, 172.24 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF TELEGRAPH ROAD; THENCE THE FOLLOWING NINE COURSESALONG THE SOUTHERLY LINE OF TELEGRAPH ROAD (WIDTH VARIES); 1) ALONG THE ARC OF A CURVE TO THE RIGHT 180.38 FEET, SAID CURVE HAVING A RADIUS- OF 1970.08 FEET, A CENTRAL ANGLE OF 05o14,45") LONG CHORD BEARS S47015'54I1W, 180.31 FEET; 2) S49053,16"E, 260,00 FEET; 3) ALONG THE ARC OF A CURVE TO THE LEFT 482.44 FEET, SAID CURVE HAVING A RADIUS OF 28.56.96 FEET,A CENTRAL ANGLE OF 09o4y31n, LONG CHORD BEARS S39o42,20"W) 481.87 FEET; 4) S3304-&36"W> 94.98 FEET; 5) ALONG THE ARC OF A CURVE TO THE RIGHT 582.85 FEET, SAID CURVE HAVING A RADIUS OF 2033.00 FEET, A CENTRAL ANGLE OF 16025'35'\ LONG CHORD BEARS S41D59,26,,,W, 580.86 FEET; 6) SSO^'ie'W, 592.37 FEET; 7) ALONG THE ARC OF A CURVE TO THE RIGHT 458.96 FEET, SAID CURVE HAVING A RADIUS OF 967.00 FEET, A CENTRAL ANGLE OF 27011,39", LONG CHORD BEARS S63o48,06"W, 454.67 FEET; 8) SlT'iyS&'W, 531.88 FEET; 9) ALONG THE ARC OF A CURVE TO THE LEFT 751.17 FEET, SAID CURVE HAVING A RADIUS OF 817.00 FEET, A CENTRAL ANGLE OF 52o40,45l\ LONG CHORD BEARS S52o40,45nW, 724.99 FEET; 10) S24043,11I,W, 283.13 FEET; 11) ALONG THE ARC OF A CURVE TO THE 12 RIGHT 347,51 FEET, SAID CURVE HAVING A RADIUS OF 1077.00 FEET, A CENTRAL ANGLE OF 18029,14,l) LONG CHORD BEARS S33057'42,,"W) 346.00 FEET TO A POINT ON THE WEST LINE OF SECTION 18; THENCE ALONG THE SAID WEST LINE, N01Q23l08"E, 196.96 FEET TO THE POINT OF BEGINNING. CONTAINS 577,961.83 SQUARE FEET OR 13.268 ACRES. 13 AMENDMENT TO HOST COMMUNITY AGREEMENT This Amendment to Host Cominunity Agreement (this "Amendment"), dated as of August 13, 2013 (the "Effective Date"), is by and between the City of Pontiac, a Michigan Municipal Corporation, 47450 Woodward Avenue, Pontiac, Michigan 48342-5009 (the "City") and Rizzo Environmental Services, Inc., a Delaware corporatioii or its affiliate, 6200 Elmridge, Sterling Heights, Michigan 48313 ("Rizzo"). RECITALS A. The City and Rizzo are parties to a Host Community Agreement, dated as of June 28, 2013 (the "Host Agreement"'). B. Seller and Purchaser desire to amend the Host Agreement on the terms and conditions set forth herein. AGREEMENT In consideration of the facts set forth in the Recitals and the mutual promises set forth herein, the City and Rizzo hereby agree as follows. 1. Amendment. The Agreement is hereby amended as follows: (a) Recital A of the Host Agreement is amended in its entirety by deleting the- language thereof and replacing it with the following: A. Rizzo desires: (a) to designate a portion of the Kennett Road Landfill property, the full legal description of which is attached hereto as Exhibit A, (the "Property"') as a Solid Waste Processing and Transfer Facility (hereinafter the "Facility") and to re-zone the Property for heavy industrial use with a special use permit for outdoor storage to the extent not part of the ' Facility, or (b) in the alternative, to designate and construct the Facility at the former General Motors Plant No, 17, located at 900 Baldwin Avenue in the City of Pontiac and zoned M-2 (the "Alternative Property"), that is better suited to construction of the Facility and the strategic land use plans of the City. (b) Recital B of the Host Agreement is hereby amended by inserting the words "or on the Alternative Property" after the word "Property" in the fcst line thereof. (c) Section 2 of the Host Agreement amended in its entirety by deleting the language thereof and replacing it with the following: 2. Permitting and Environmental Regulation Compliance, Rizzo may seek approval of its application for inclusion in the Oakland County Solid Waste Management Plan for a Solid Waste Processing and Transfer Facility at Hie Property or, in the alternative, at the Alternative Property, upon execution of this Agreement by the Cit)^ and or its authorized representative. Subsequent to acceptance under the Oakland County Solid Waste Management Plan, Rizzo may file an application for and obtain (a) a construction permit and operating license if required, under the Part 115 of NKEPA, and (b) any applicable City permits. Such applications are hereby supported and approved by the City. (d) Section 5.A. is amended by deleting the parenthetical "(either at the Property or at an alternate location within the City of Pontiac)" in clause (v) and replacing it with "(either at the Property or at the Alternative Property)". (e) Section 5 is amended to add new Subsections F, and G. as follows: F- CPI Adjustment Commencing on the fourth anniversary of the date that Hie MDEQ issues an operating permit for the Facility, and pach year thereafter, the Host Fee under Section 5.A, shall be adjusted annually by the percentage of increase during the previous year in the CPI-U, All Urban Consumers, published by the U.S. Department of Labor, Bureau of Labor Statistics (the "CPI"), provided that in no event shall the applicable increase be more than five percent (5%) in any one year. If the CPI shall cease to be published, tire City and Rizzo shall designate a comparable index which shall then be used for determining the annual rate of adjustment. G- One-Time Payment, hi the event that Rizzo acquires the Alternative Property and elects to include the Facility in the Oakland County Solid Waste Plan at the Alternative Property, Rizzo may terminate the Ground Lease of the Property and all rights and obligations of Rizzo with respect to the Property, in which event the Fifteen Thousand Dollar ($15,000.00) deposit currently held by the City with respect to the Property shall be retained by the City and the balance of the Initial Rent Deposit (as defined in the Ground Lease) held by the Escrow Agent (as defined in the Ground Lease) shall, notwithstanding termination of the Ground Lease, be paid b}' the Escrow . Agent to the City and such amounts together shall constitute a one-time payment of $150,000.00 to the City as a host fee. 2.- Ratification; Conflict, Except as amended hereby, the Host Agreement shall remain in full force and effect and, as amended hereby, the Host Agreement is hereby ratified and affirmed. In the event of any conflict between the terms and conditions of this Amendment and the terms and conditions of the Host Agreement, the terms and conditions of this Amendment shall control. 3- Governing Law. This Amendment shall be governed by the laws of the State of Michigan. [signatures on following page] Executed as of the date set forth above. WITNESSES: J&kfk /H Print: CITY OF PONTTAC A Michigan public body corporate By Print: L6uis H, ScMmmel Its: Emergency Manager STATE OF MICHIGAN ) )ss. COUNTY OF OAKLAND ) Tlie foregoing7s>/3 instrument was acknowledged before me on by Louis H. Schimmel, the Emergency Manager of the City of Pontiac, a Michigan public body corporate, on behalf of the City of Pontiac. JAKI K HOLZERNotary Publio, State of MichiganCounty of OaklandMy Commission Expires Dec. 22,2015Acting In the County Notaiy Public, Oakland County, Michigan My commission expires: WITNESSES: Name: RIZZO ENVIRONMENTAL SERVICES, INC. By: IaHi Name: Wade Stevenson Its: Chief Financial Officer [acknowledgment on following page] STATE OF MICHIGAN ) )ss.COUNTY OF MACOMB ) The foregoing instrument was acknowledged before me on fVXfeflriaoffbY Wade Stevenson, the Chief Financial Officer of Rizzo Environmental Services, Inc., a Delaware corporation, on behalf of said corporation. Print: Notary Public, Macomb County, Michigan My commission expires: DAVID J CATAUNA Notary Public"-'MicJii0an Macomb CountyMjf Cemmissfon Expires Jsn 22,201S -fteting In the -CouRty ..of Hnc&uO FISCAL NOTE (MISC. #13281)October 24, 2013 BY; FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSONIN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS - SOLID WASTE PLAN AMENDMENT FOR BALDWIN, PONTIAC LLC AND RIZZO PROPERTIES, LLC TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Pursuant to Rule Xll-C of this Board, the Finance Committee has reviewed the above referenced Miscellaneous Resolution and finds: 1. The Oakland County Waste Resource Management Unit is responsible for the updating of the Oakland County Solid Waste Management Plan, as required by State law. 2. Oakland County Solid Waste Management Plan states that a company seeking a plan amendment will submit a proposal to the County Executive, whose office is the Designated Planning Agency (DPA) for solid waste planning. 3. Baldwin, Pontiac LLC and Rizzo Properties LLC have submitted a request to Oakland County Executive for an amendment to the plan to designate one new solid waste processing facility within Oakland County. 4. Oakland County DPA recommends an amount of $5,000 to be charged as an application fee, which includes $1,000 for mailings and $4,000 for public notice advertising. 5. No budget amendment is recommended at this time. FINANCE COMMITTEE FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Woodward and Zack absent. Resolution #13281 October 30, 2013 Moved by Crawford supported by Quarles the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES; Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward. Bosnic, Crawford, (20) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). STATE OF MICHIGAN)COUNTY OF OAKLAND) I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on October 30, 2013, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 30th day of October 2013. I HEREBY APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45,559A (7) Lisa Brown, Oakland County