DEED OF VARIATION TO HHEERRTTFFOORRDDSSHHIIRREE WWAASSTTEE PPAARRTTNNEERRSSHHIIPP AAGGRREEEEMMEENNTT
1
THIS AGREEMENT is made the day of 2014.
BETWEEN
1. BROXBOURNE BOROUGH COUNCIL of Borough Offices Churchgate Cheshunt Hertfordshire EN8 9XJ;
2. DACORUM BOROUGH COUNCIL of Civic Centre Marlowes Hemel Hempstead Hertfordshire HP1 1HH;
3. EAST HERTFORDSHIRE DISTRICT COUNCIL of Wallfields Pegs Lane Hertfordshire SG13 8EQ;
4. HERTSMERE BOROUGH COUNCIL of Civic Offices Elstree Way Borehamwood Hertfordshire WD6 1WA;
5. HERTFORDSHIRE COUNTY COUNCIL of County Hall Pegs Lane Hertford Hertfordshire SG13 8DE;
6. NORTH HERTFORDSHIRE DISTRICT COUNCIL of Council Offices of Gernon Road Letchworth Garden City Hertfordshire SG6 3JF;
7. ST ALBANS CITY & DISTRICT COUNCIL of District Council Offices Civic Centre St. Peter’s Street St. Albans Hertfordshire AL1 3JE;
8. STEVENAGE BOROUGH COUNCIL of Daneshill House Danestrete Hertfordshire SG1 1HN;
9. THREE RIVERS DISTRICT COUNCIL of Three Rivers House Northway Rickmansworth Hertfordshire WD3 1RL;
10. WATFORD BOROUGH COUNCIL of Town Hall Watford Hertfordshire WD17 3EX;
11. WELWYN HATFIELD BOROUGH COUNCIL of Council Offices The Campus Welwyn Garden City Hertfordshire AL8 6AE together known as the Partners and separately as a Partner.
BACKGROUND
(A) The Partners are party to an agreement relating to the Hertfordshire Waste Partnership Agreement dated 30 January 2012 (“the Agreement ”).
(B) The partners now wish to amend the Agreement as set out in this deed with effect from the date of the deed (“the Variation Date”).
2
AGREED TERMS
1. TERMS DEFINED IN THE AGREEMENT
In this deed, expressions defined in the Agreement and used in this deed have the meaning set out in the Agreement. The rules of interpretation set out in the Agreement apply to this deed.
2. VARIATION
2.1 With effect from the Variation Date the Parties agree the following amendments to the Agreement:
2.2 A new clause 16.5 shall be added as follows:
Schedules 5 and 7 to be updated annually at a date to be agreed by the Partners by means of a letter signed by the Head of the Waste Management Unit at Hertfordshire County Council.
2. 3 Clause 29 shall be amended to read as follows:
29 GENERAL
29.1 No amendment to the Agreement shall be binding unless approved by General Review. Such amendments shall be in writing and:
29.1.1 executed by the Partners as a Deed of Variation in the case of a Material Change or a change that would result in a Major Breach; or
29.1.2 in the case of a Minor Change a letter signed by the each of the Partners by an officer with suitable authority.
2.4 Schedule 2 Paragraph 24 shall be amended to read as follows:
The quorum for a meeting shall be member representatives from at least 8 of the Partners one of which must be the WDA.
2.5 Schedule 10 Paragraph 1.22 shall be amended to read as follows:
As a result of a Review or a Periodic Review the Partners may agree to vary the Agreement by way of either:
1.22.1 a Deed of Variation in the case of a Material Change or a change that would result in a Material Breach; or
1.22.2 in the case of a Minor Change a letter signed by the each of the Partners by an officer with suitable authority.
3
3 Save for clauses 2.2 2.3 2.4 and 2.5 above all other clauses in the Agreement shall remain in force.
3 LAW AND JURISDICTION
3.1 The Agreement shall in all respects be governed and construed in accordance with the laws of England and Wales, and the Partners irrevocably submit to the exclusive jurisdiction of the English Courts.
4
EXECUTED AS A DEED BY THE PARTNERS AS FOLLOWS:
THE COMMON SEAL of HERTFORDSHIRE COUNTY COUNCIL was hereunto affixed in the presence of
...... Authorised Signatory
THE COMMON SEAL OF THE COUNCIL OF THE BOROUGH OF BROXBOURNE was hereto affixed in the presence of
...... Authorised Signatory
COMMON SEAL of DACORUM BOROUGH COUNCIL was hereunto affixed in the presence of:-
...... Authorised Signatory
THE COMMON SEAL of East Hertfordshire District Council was hereunto affixed by order
5
...... Authorised Signatory
THE COMMON SEAL of Hertsmere Borough Council was hereunto affixed by order
...... Authorised Signatory
THE COMMON SEAL of North Hertfordshire District Council was hereunto affixed by order
...... Authorised Signatory
THE COMMON SEAL of ST. ALBANS CITY AND DISTRICT COUNCIL In the presence of
...... Authorised Signatory
The COMMON SEAL of STEVENAGE BOROUGH COUNCIL hereunto in the presence of
6
...... Authorised Signatory
THE COMMON SEAL of Three Rivers District Council was hereunto affixed by order
...... Authorised Signatory
THE COMMON SEAL of Watford Borough Council was hereunto affixed by order
...... Authorised Signatory
THE COMMON SEAL of Welwyn Hatfield Borough Council was hereunto affixed in the presence of
...... Authorised Signatory
7