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B Non exclusive Grant <br />The right to use City streets alleys public ways and places for the purposes set forth <br />in this Ordinance shall not be exclusive and the City reserves the right to grant a similar use of <br />streets alleys public ways and places to any person at any time during the term of this franchise <br />C Term of Franchises <br />The term of the franchise per Section 2 of the Franchise Agreement ( Agreement ) <br />attached hereto as Exhibit A Commercial Solid Waste Collection Franchise Agreement between <br />the City of Newport Beach and CST Environmental Inc which is hereby adopted approved and <br />incorporated into this Ordinance by reference shall commence at 12 01 a m on March 15 2001 <br />and expire on January 9 2006 The franchise shall take effect on the date specified above <br />provided that the grantee has filed written notice of acceptance in accordance with the <br />requirement of Section 4 of this Ordinance <br />D Franchise Fees <br />(1) During the term of the Agreement Franchisee shall pay to City franchise fees for <br />the privilege of providing commercial solid waste handling services in the City of Newport <br />Beach and use of public streets right of ways and places for such purposes Fees shall be in the <br />following amounts <br />Franchisee shall pay to the City 10 5% (ten and one half percent) of the Franchisee s <br />gross receipts The franchise fee shall increase by l% (one percent) each January during the <br />term of the Agreement Thereafter the franchise fee will be capped at 10 5% for the life of the <br />Agreement <br />Franchise fee payments shall be paid quarterly and shall be computed and paid on <br />the basis of paid receipts received by the Franchisee for all solid waste handling services <br />provided by the Franchisee within the City <br />One half of one percent (0 5 %) of the franchise fee shall be attributable to the <br />maintenance and implementation of the City s Source Reduction and Recycling Element <br />(SRRE) and shall be separately accounted for and used only for the costs stated in Public <br />Revenue Code Section 41901 or any successor provisions <br />(2) Franchisee shall pay to the City Environmental Liability Fund on a quarterly <br />basis 5 5% of gross receipts for all commercial solid waste handling services provided by the <br />Franchisee in the City Payment shall be made concurrently with the payment of the franchise <br />fee and the filing of reports specified in Section 4 and Section 6 of the Agreements <br />2 <br />