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Supporting Documentation · Jan 22, 2019

26-19 Exhibit-Authorizing Third Extension of Agreement with Reliable Wood for Operation of Recycling Center.pdf

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Page 147

NOW THEREFORE, for valuable consideration, including the promises, covenants, representations and warranties hereinafter set forth, the receipt and adequacy of which are hereby acknowledged, the parties, intending to be legally and equitably bound, agree as follows: 1. Term — the term of this Agreement shall commence on October 1, 2013 for a three (3) year period with the options to renew for two (2) additional one (1) year periods. The Township shall notify Reliable at least one hundred twenty (120) days prior to the expiration of the three (3) year period or the first one (1) year extension if it desires to exercise the option to renew for an additional one (1) year period. 2. Rent — Reliable shall pay to the Township rent for the use and occupancy of the Facility at the rate of $102,072 annually, or $8,506 per month. This rate shall apply for the initial three (3) year period. In the event this Agreement is extended for either or both of the two (2) optional one (1) year periods for 2016-2017 and/or 2017-2018, Reliable shall pay to the Township rent for the use and occupancy of the Facility at the rate of $108,072 annually, or $9,006 per month. 3. Other Provisions — This Agreement between Reliable and the Township is subject to ail terms and conditions contained in Exhibit “A” reflecting the Township's Request for Proposal dated July 2013, and Exhibit “B” reflecting Reliable’s response to the Township's Request for Proposal dated August 27, 2013, which are attached hereto and incorporated herein in full as though set forth in verbatim and as if they were fully reiterated in the body of this Agreement. 4. Notice — Any notices required hereunder to the Township shall be hand delivered or mailed by certified first-class postage prepaid mail to the Municipal Clerk, Township of West Orange, New Jersey 07052 or such other address as the Township may designate in writing to Reliable. Any notice required hereunder to Reliable shall be hand delivered or mailed by certified first-class postage prepaid mail to the Reliable Wood Products, LLC, One Caven Point Avenue, Jersey City, New Jersey 07305 or such other address as Reliable may designate in writing to the Township. 5. Captions - The captions appearing in this Agreement or of any copies thereof are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope

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ship. 5. Captions - The captions appearing in this Agreement or of any copies thereof are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope or intent of this Agreement nor in any way affect this Agreement. 6. Governing Law — This Agreement shall be construed in accordance with the laws of the State of New Jersey without regard to conflicts of law principles. The parties consent to the personal and subject matter jurisdiction of the Superior Court of New Jersey for resolution of any and all claims arising out of or in connection with this Lease.

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