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AGREEMENT NO.5 CONTRACT #2005C - THIS AGREEMENT made and entered into this day of , 2005, by and between the CITY OF NORTH OLMSTED, 5200 Dover Center Road, County of Cuyahoga and State of Ohio, and the CITY OF NORTH ROYALTON, 13834 Ridge Road, County of Cuyahoga and State of Ohio. WITHESSTH: WHEREAS, the City of North Olmsted, Ohio entered into an agreement on June 13, 2000 with Browning Ferris Industries, Inc. (BFI) for the transportation and disposal of North Olmsted Wastewater Treatment Plant biosolids for up to a five year period; and WHEREAS, the City of North Olmsted, Ohio reserved the right in the June 13, 2000 City of North Olmsted/BFI agreement to implement alternative services for the hauling and/or the disposal of North Olmsted Wastewater Treatment Plant biosolids during the term of the City of North Olmsted/BFI June 13, 2000 agreement so that the hauling and disposal of North Olmsted Wastewater Treatment Plant biosolids are continuously processed in an environmentally sound, 1 east cost manner during the term of the agreement; and WHEREAS, the City of North Royalton. Ohio owns and operates the City of North Royalton, Ohio Sludge Composting Facility that has sufficient stabilization capacity for processing both the biosolids generated by the City of North Royalton. Ohio wastewater treatment facilities and from the City of North Olmsted, Ohio wastewater treatment facilities during the term of this agreement; and WHEREAS, the City of North Royalton, Ohio and the City of North Olmsted, Ohio conducted and completed a pilot test between June 2001 and December 2001 to determine the technical, administrative and environmental aspects of the stabilization and disposal of North Olmsted wastewater treatment plant biosolids at the City of North Royalton, Ohio Sludge Composting Facility; and WHEREAS, the City of North Royalton, Ohio and the City of North Olmsted, Ohio in accordance with the laws of the State of Ohio negotiated a unit price in September 2001 for use during the second phase of the pilot testing of stabilization and disposal of North Olmsted Wastewater Treatment Plant biosolids at the City of North Royalton, Ohio Sludge Composting Facility that commenced on or about October 15, 2001 and ended on or about November 13, 2001; and WHEREAS, the completed pilot testing has demonstrated that the City of North Royalton, Ohio Sludge Composting Facility has sufficient stabilization capacity for processing biosolids generated by the City of North Royalton, Ohio wastewater treatment facilities and the City of North Olmsted, Ohio wastewater treatment facilities; and ,tea. ... ...