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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
Fields
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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Plant will be referred to herein as the "Start -Up Phase"). During the Start Up <br />Phase, the Company will also be completing certain extensions of and/or <br />upgrades to existing District utility and other service infrastructure at or adjacent <br />to the Evaporation Plant on the Evaporation Plant Site necessary for operation of <br />the Facility, in order to achieve COD. <br />(c) From the commencement of the Operating Term through the expiration of the <br />Term, the Company will provide the District with the Services contemplated by <br />this Agreement and operate the Facility in compliance with the District's Permits <br />and treat the District's Wastewater in accordance with the terms hereof. <br />(d) Perform any other obligations described in this Agreement or in the DOR. <br />(e) Company is registered with and will use the Department of Homeland Security's <br />E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all <br />newly hired employees for the duration of this Agreement, as required by Section <br />448.095, F.S. Company is also responsible for obtaining proof of E -Verify <br />registration and utilization for all subcontractors and member companies. <br />3.3 The District's Responsibilities and Obligations. <br />(a) As between the Parties, the District has the sole responsibility for securing and <br />maintaining the Permits required for the operation of the Facility by the Company <br />but such permitting process shall be completed with technical support from the <br />Company as reasonably requested by the District to ensure the Permits <br />contemplate the anticipated operation of the Evaporation Plant. <br />(b) The District will also be responsible for monitoring air emissions coming from <br />the Facility throughout the Term (per the FDEP Permit requirement) and will <br />provide reports to the Company detailing the results of such monitoring. <br />(c) The District shall obtain all necessary Permits to allow for installation and <br />operation of the Evaporation Plant at the Evaporation Plant Site including without <br />limitation the Permits that are listed on Appendix D hereof. If the District has <br />failed to secure the required Permits within twelve (12) months of the Effective <br />Date, the District will be required to start paying the Company the Services Fee <br />on an ongoing basis, unless such failure is caused by the Company's failure to <br />provide the District with requested technical assistance as contemplated in <br />Sections 3.2(a) and 3.3(a). <br />(d) Within thirty (30) days from the Effective Date, the District will grant the <br />Company a formal easement (irrevocable during the entire Term) (the <br />"Easement"); such Easement being assignable to Financiers and being sufficient <br />to allow the Company, Company's parent company, employees, officers, <br />subcontractors, Financiers and consultants (collectively, "Company Parties") <br />access to and control of the Evaporation Plant Site and the Facility thereon at all <br />times throughout the Term. Specifically, the Easement will contemplate that the <br />Company expects to maintain activity on the Facility between 6 am and 6 pm <br />Page 8 of 32 <br />
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