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the period January 1, 1992, to December 31, 1992, is <br />$73,300; the additional amount to be paid under the <br />Agreement as herein amended to include the amount <br />deducted as a tax, fee or surcharge imposed as financial <br />assurance specifically for closure or post-closure for <br />the period January 1, 1992, through December 31, 1992, <br />is $133,673; and the additional Guaranteed Payment to be <br />made from the period January 1, 1993, through closure is <br />$68,027. The actual amount paid to the City may, of <br />course, exceed the $275,000.00 guaranteed payment based <br />upon the actual volume of waste deposited at the Facility <br />during 1993. <br /> <br />Termination of CUP. Recognizing that changes in state <br />and local laws and regulations have substantially reduced <br />the volume of waste entering the Facility for final land <br />disposal and that the projected volume of waste for final <br />land disposal at the Facility by December 31, 1993, is <br />less than the permitted capacity, but that the Facility <br />will, never-the-less, cease to accept solid waste for <br />final land disposal on or before said date, the City <br />hereby agrees that WMMI's inability to meet the <br />performance goals as set forth in the Conditional Use <br />Permit dated November 15, 1988, (the "CUP"), will not <br />constitute grounds for re~ocation of the CUP and said <br />permit is hereby so amended as provided in Paragraph 38 <br />thereof. <br /> <br /> <br />