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2021-100A
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2021-100A
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Last modified
8/18/2021 3:33:01 PM
Creation date
8/16/2021 2:40:39 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/13/2021
Control Number
2021-100A
Agenda Item Number
15.B.1.
Entity Name
Indian River Sustainability Center, LLC
Indian River Eco District
Heartland Water Technology, Inc
Proximo Energy, LLC
Subject
Leachate Treatment Agreement
Solid Waste Disposal District
Area
1325 74th Avenue SW (the Landfill)
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Initial Setup Fee — has the meaning set forth in Section 4.1 hereof. <br />Landfill — means the District's FDEP permitted Class I landfill located at 1325 741 <br />Avenue SW in Vero Beach, Florida. <br />Landfill Fluids — means water and other wastewater (including landfill leachate) that <br />has percolated through the Landfill and leached out some of the Landfill <br />constituents. <br />Landfill Gas or LFG — means biogas generated in the Landfill. <br />Major Event of Default — has the meaning set forth in Section 6.2(a) hereof. <br />Metering — means the meters, instruments and/or processes used by the Company to <br />measure the quantity of the Wastewater delivered from the District to the r <br />Evaporation Plant site. <br />Minimum Services Fee — means the Services Fee that will be payable by the District in <br />any month where the volume of Wastewater processed by the Company is <br />less than 547,500 gallons per month which will equal $76,100. <br />MMBTU — means one million BTUs. <br />Monthly Services Fee — means the actual amount of the Services Fee due in any month <br />as set forth in a Monthly Services Fee Statement and Invoice. <br />Monthly Services Fee Statement and Invoice — means the invoice prepared by the <br />Company on a monthly basis and submitted to the District showing the total <br />amount of Wastewater treated by the Company, as measured by the <br />Metering, and the dollar amount owed to the Company from the District as <br />more fully described in Section 4.2(b). The Monthly Services Fee Statement <br />and Invoice will be subject to the process outlined in Section 4.2(c) hereof. <br />Operating Parameters — has the meaning ascribed to it in Appendix E attached hereto. <br />Operating Term - has the meaning ascribed to it in Section 5.1(a) hereof. <br />Party — means either the Company or the District. The Company and the District <br />are collectively referred to herein as the "Parties". <br />Permit - means any local, state, or federal permit, license, franchise, registration, <br />certification, authorization or other governmental approval required for the <br />performance of a Party's obligations under this Agreement. <br />Page 4 of 32 <br />
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