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et 8 <br /> operation. City agrees to process and mix approximately <br /> 100 cubic yards of dirt annually for County, for use by <br /> County at the site provided that the liquid asphalt for the <br /> mix is paid for by County to City. <br /> 9. City shall have the right to have its franchise refuse <br /> collector continue to deposit refuse collected from the <br /> residents of the City of Lodi at said Landfill. City shall <br /> pay to County commencing as of the effective date of this <br /> Agreement, an amount equal to five percent (5'16) of the <br /> gross refuse fees collected from residents of the City. <br /> The first payment shall be made by City to County on <br /> March 1, 1975 and shall cover the period of collections <br /> received by City for the month of January 1975 and payment <br /> shall continue monthly thereafter for the succeeding months <br /> of this Agreement. As of the close of the fiscal year on <br /> June 30, 1975, County shall make an accounting and <br /> determination of the cost of operation of said Landfill. In <br /> the.event that said operation has been operated at a loss, <br /> then City agrees that the percentage will be increased from <br /> 5% to a maximum of seven percent (776) of the collections <br /> made by the City. In the event that said financial statement <br /> shows that County has operated the site at a profit, then <br /> said percentage figure shall be reduced from 5% to a <br /> minimum of three percent (31/6). Thereafter and for the <br /> ensuing fiscal year this percentage figure shall remain <br /> unchanged based upon the foregoing formula until the <br /> ensuing fiscal year of June 30, 1976 at which time a similar <br /> adjustment will be made by the City and County following the <br /> aforesaid formula and a like adjustment shall be made annually <br /> thereafter within the limitations set forth herein. It is <br /> County's intent to operate said Landfill on a "break even" <br /> basis. Therefore, in the event any monies or credits are <br /> due either party by reason of the adjustments contemplated <br /> by this paragraph, said payments or credits shall cover the <br /> preceding six months and, thereafter, the preceding twelve <br /> months. Payment of any monies or allowance of any credit <br /> shall be made within 60 days after the end of each fiscal year <br /> during the period of this Agreement. <br /> 10. City will pay County a sum of money equal to the amount of <br /> accrued sick leave and vacation pay as to all City employees <br /> who will transfer into the employ of County for the purposes <br /> of working said Landfill site. The amount of money to be <br /> paid by City to County shall be computed from the time of <br /> employment of that particular employee with the City, up to <br /> and including December 31, 1974. Said payment shall be <br /> made by City to County within 30 days of the effective date <br /> of this Agreement. <br /> 11. County does hereby agree to indemnify and save City free <br /> and harmless from any and all liability for injury or damage <br /> to persons or property in connection with its operation and <br /> use of the property leased by City to County. In this <br /> connection, County agrees to cause City to be named as an <br /> additional assured on its comprehensive liability insurance <br /> -3- <br />