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2021-078A
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2021-078A
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Last modified
6/28/2021 9:56:07 AM
Creation date
6/24/2021 11:17:59 AM
Metadata
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Template:
Official Documents
Official Document Type
Amendment
Approved Date
05/18/2021
Control Number
2021-078A
Agenda Item Number
15.B.2.
Entity Name
Indian River Eco District, LLC
Subject
Amendment No. 2 to Landfill Gas Agreement
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(SOx), nitrogen oxides (NOx), carbon monoxide (CO) and other pollutants; (2) any <br />avoided emissions of carbon dioxide (CO2), methane (CH4) and other greenhouse gases; <br />(3) displacement or avoidance of any amount of conventional gas or fossil energy <br />generation resources; and (4) the reporting rights to these avoided emissions. <br />Environmental Attributes include revenue from renewable identification numbers (RIN's) <br />as defined by the Federal Renewable Fuel Standard and low carbon emission credits as <br />may vary from state to state. <br />Gross Receipts — means the gross receipts received by the Company or its subsidiaries <br />during the Term from the sale of RNG from the Facility, including any Environmental <br />Attributes net of any brokerage fees, transportation costs, sales taxes and other expenses <br />incurred directly or indirectly by the Company and its subsidiaries in connection with such <br />sales from the RNG facility. <br />RNG Price - means the price for RNG and associated Environmental Attributes sold by <br />the Company to a customer and converted into $/MMBtu units. <br />SCF — Standard Cubic Feet. <br />Target Annual Contract Quantity - means 604,440,000 standard cubic feet ("SCF") of <br />Acceptable LFG delivered by the District to Company at the Delivery Point over a calendar <br />year. <br />ARTICLE 2 — TERM, RENEWAL AND MILESTONES <br />Section 2.1 is amended to read as follows: <br />2.1. This Agreement shall take effect on the Effective Date and continue for a period of <br />twenty .(20) years following the LFG Commencement Date (the "Initial Term"), unless <br />terminated earlier or extended as provided herein. The LFG Commencement Date shall <br />occur on the later of the following two dates: <br />• within eighteen (18) months of the Effective Date, or <br />• within fifteen (15) months of the date when the Landfill achieves an average <br />flowrate of at least 900 SCFM of Acceptable LFG, over a period of at least 1 full <br />week (7 days), as reasonably verified by engineers providing Landfill O&M <br />support to the District. <br />If the LFG Commencement Date has not occured by June 30, 2023, Section 13.1 shall <br />apply. <br />Company shall meet the following milestones as a demonstration of their progress toward <br />LFG Commencement Date: <br />a) Air Permit Application Submittal to Regulatory reviewers nine (9) months before LFG <br />Commencent Date. <br />b) Contracts for the purchase of the following equipment: compressor(s) to inject RNG <br />into the natural gas pipeline, Gas conditioning system, nitrogen rejection unit. <br />Company shall provide proof of these signed contracts to the District nine (9) months <br />before LFG Commencent Date. <br />c) Groundbreaking for foundations shall occur four (4) months before LFG Commencent <br />Date. <br />F) <br />Landfill Gas Agreement, Amendment No. 2. <br />
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