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2011-260
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2011-260
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Last modified
2/19/2016 9:43:03 AM
Creation date
10/1/2015 3:26:46 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/13/2011
Control Number
2011-260
Agenda Item Number
15.B.3
Entity Name
INEOS New Planet BioEnergy
Indian River County Solid Waste Disposal District
Subject
Landfill Gas Interconnect Agreement
Area
925 SW 74th Avenue
Alternate Name
SWDD
Supplemental fields
SmeadsoftID
10562
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LANDFILL GAS INTERCONNECT AGREEMENT <br /> This Landfill Gas Interconnect Agreement ( " Agreement " ) is made and entered into on <br /> this 13th day of Decembeir2011 (" Effective Date ") , by and between INEOS New Planet <br /> BioEnergy , LLC (" Company ") , a Delaware limited liability company , and Indian River County <br /> Solid Waste Disposal District ("District") , a special district of Indian River County , Florida . <br /> WHEREAS , District and Company have entered into a Feedstock Supply Agreement (the <br /> " FS Agreement") that requires the District to sell and the Company to purchase the Landfill Gas <br /> (" LFG" ) collected by the District ' s LFG Assets ; and <br /> WHEREAS , this Agreement is an exhibit to and a part of the FS Agreement ; and , <br /> WHEREAS , Company has determined that this Agreement is beneficial to Company ; <br /> and , <br /> WHEREAS , the District has determined that this Agreement benefits the health , safety , <br /> and welfare of the citizens of Indian River County and , further, this Agreement serves important <br /> and proper public purposes . <br /> NOW , THEREFORE , in consideration of the foregoing premises and the mutual <br /> obligations , benefits and covenants contained herein, and for other good and valuable <br /> consideration , the receipt and sufficiency of which are hereby acknowledged , the District and <br /> Company agree that they shall be bound by and shall comply with the following provisions of <br /> this Agreement : <br /> ARTICLE 1 — DEFINITIONS <br /> All words and phrases defined in the FS Agreement shall have the same meaning herein <br /> as in the FS Agreement . When the following words and phrases are used in this Agreement , they <br /> shall be defined and construed as follows : <br /> 1 . 1 "Acceptable LFG" means LFG that satisfies the Specification set forth in Section <br /> 3 . 2 . G . 9 of the FS Agreement—i . e . , the sulfur content of the LFG is equal to or less than twenty- <br /> one ( 2 1 ) pounds per hour . <br /> 1 . 2 " BTU " means a British Thermal Unit, which is the amount of heat required to <br /> raise the temperature of one avoirdupois pound of pure water from 58 . 5 degrees Fahrenheit to <br /> 59 . 5 degrees Fahrenheit . <br /> 1 . 3 "Delivery Capacity" means the amount of Acceptable LFG that the District is able <br /> to deliver to the Delivery Point , given the physical and operational constraints of providing LFG <br /> from the District ' s Landfill . <br /> 1 . 4 " Interconnect" or " Interconnect Site" means the physical , mechanical , and/or <br /> electrical connection of the District LFG Assets and the Company LFG Assets on the District ' s <br /> 3 <br />
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