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<br />.. <br /> <br />- <br /> <br />. <br /> <br />2. Negotiation for payment of a minimum host fee set at today's equivalent industry <br />standard fee per ton, annually adjusted based on a mutually agreeable index, such as the <br />Consumer Price Index, and other such adjustments outside of a general adjustment index; <br /> <br />3. A minimum term of 20 years, beginning on or about January I, 2007, with <br />provisions for sale, assignment or termination of the agreement <br /> <br />4. Satisfactory assurances that the waste delivered will not violate Virginia or <br />Federal laws and regulations governing municipal solid waste, providing for insurance of <br />appropriate types and amounts, and providing satisfactory indemnification or other protection of <br />the City of Portsmouth against liability in connection with the character of the waste delivered; <br /> <br />5. Terms relating to the delivery of waste to a Portsmouth port facility including the <br />method of delivery and handling requirements and an average weight for containers delivered to <br />be approximately 22 tons, with satisfactory assurances relating to economic development and the <br />environment, including regional and city transportation impact; and <br /> <br />BE IT FURTHER RESOLVED that adoption of this resolution is an endorsement to <br />proceed in good faith, but shall not be deemed binding upon the parties until such final legal <br />instruments are approved by the City Council and executed on behalf of the City, SPSA, and <br />American Ref-Fuel. <br /> <br />BE IT FURTHER RESOLVED that the Council of the City of Portsmouth, Virginia <br />hereby authorizes the City Manager to make such applications as may be necessary for any <br />facilities, services, or permits needed to fulfill the terms of any agreement. <br /> <br />ADOPTED by the Council of the City of Portsmouth, Virginia at a meeting held on <br />March 8, 2005. <br /> <br />Teste: <br /> <br />City Clerk <br />