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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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District ' s property , one complete set of final record " as built" drawings ; ( b ) the final <br /> specifications for the Isolation Valves , methane analyzer, and LFG flow meter ; (c) an operation <br /> and maintenance (" O & M") manual for the Isolation Valves , methane analyzer, and LFG flow <br /> meter, including any O & M manuals provided by the manufacturers ; ( d ) any lists provided by <br /> the manufacturers for recommended spare parts for the Isolation Valves , methane analyzer, and <br /> LFG flow meter ; (e) the licenses or approvals , if any , needed for the District to use the Isolation <br /> Valves , methane analyzer , and LFG flow meter ; and (f) a plan of operating procedures for the <br /> coordinated operation of the Interconnect . The "as built" drawings shall be provided to the <br /> District in two ( 2 ) sets of full - size paper drawings and in an electronic format ( i . e . , <br /> Computer <br /> Assisted Design Drawing or " CADD " files) . <br /> 3 . 12 Company shall use all Commercially Reasonable Efforts to ensure that there are <br /> no liens or other encumbrances (collectively , " liens") placed on the District ' s land as a result of <br /> the Company ' s activities . If a lien is placed on the District ' s land by any of Company ' s suppliers <br /> or contractors , Company shall immediately take whatever steps are necessary to ensure that the <br /> lien is released promptly . If Company fails to secure the timely release of such lien, the District <br /> may take any and all steps to secure the release of the lien and then the District may deduct the <br /> District ' s costs and expenses from any amounts owed to the Company pursuant to the FS <br /> Agreement . <br /> ARTICLE 4 — ACCESS AND EASEMENT <br /> 4 . 1 Subject to the conditions contained in this Agreement , the District grants to <br /> Company the right to access , occupy and use the Interconnect Site and a LFG pipeline easement <br /> for the purpose of satisfying the Company ' s obligations under the FS Agreement and this <br /> Agreement , including the right to construct, install , own , maintain and operate the Company ' s <br /> LFG Assets on the Interconnect Site and the LFG pipeline easement . District hereby grants to <br /> Company a non-exclusive easement over, under and across certain property that is more <br /> specifically described in Exhibit " B " to this Agreement, for the purpose of accessing , <br /> constructing , installing , owning , maintaining and operating the equipment and facilities <br /> necessary to connect the District LFG Assets and the Company LFG Assets in the manner <br /> provided in this Agreement . District agrees to execute written easement grants to Company in <br /> substantially the form attached hereto as Exhibit "B - 1 " (" Grant of Non -Exclusive Easement for <br /> Landfill Gas Equipment and Pipeline ") and Exhibit " 13 - 2 " (" Grant of Non -Exclusive Easement <br /> for Ingress and Egress ") . Company shall pay all costs associated with the recording of any <br /> easements granted by the District . <br /> ARTICLE 5 — LFG QUANTITY ; MEASUREMENT <br /> 5 . 1 Pursuant to Section 3 . 2 . G . 1 of the FS Agreement , Company shall use <br /> Commercially Reasonable Efforts to take and use all of the LFG that is produced by the <br /> District ' s Landfill , up to the design capacity of the Company ' s LFG Assets (i . e . , one thousand <br /> ( 1 , 000) standard cubic feet of LFG per minute) . Pursuant to Section 3 . 2 . G . 9 of the FS <br /> Agreement , Company shall use Commercially Reasonable Efforts to use the LFG produced by <br /> the District ' s Landfill at all times throughout the term of this Agreement , unless the Facility ' <br />s <br /> 7 <br />
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