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AMENDMENT NO. 1 TO WASTEWATER TREATMENT AGREEMENT <br />This Amendment No. 1 ("Amendment") to Wastewater Treatment Agreement is made and entered into this <br />14th of December, 2021 (the "Effective Date") by and between the Indian River County Solid Waste <br />Disposal District, a special dependent district of Indian River County, Florida (the "District") and Indian River <br />Sustainability Center, LLC ("IRSC" or the "Company'). All capitalized terms used herein but not otherwise <br />defined will have the meanings ascribed to them in the Wastewater Treatment Agreement. <br />WHEREAS, on July 13, 2021, the District and IRSC (collectively, the "Parties") entered into the <br />Wastewater Treatment Agreement which governs the interaction, rights and responsibilities of the District <br />and IRSC with respect to designing, furnishing and operating a wastewater treatment plant (collectively, the <br />"Evaporation Plant") to treat landfill leachate from the District's landfill located in Vero Beach FL (the <br />"Landfill"); and <br />WHEREAS, the Parties now desire to make four (4) changes to the Wastewater Treatment Agreement as <br />more fully described in this Amendment (as contemplated in Section 5.2 of the Wastewater Treatment <br />Agreement): <br />1. Under the Wastewater Treatment Agreement, the leachate infeed pump directing Landfill Fluids <br />from the Infeed Tank to the Heartland Concentrator TM System was to be supplied by the District. <br />Now the responsibility for the design, procurement, and installation of this pump, including <br />controls will shift to IRSC from the District. <br />2. Under the Wastewater Treatment Agreement, IRSC was to be responsible for purchasing and <br />installing the LFG pipe header from the LFG collection system to the Heartland Concentrator TI <br />System ("LFG Piping"). The Parties have now determined that it would be advisable for the District <br />to furnish and install the LFG Piping and take overall responsibility for dewatering the Landfill Gas <br />coming to the Heartland Concentrator System (e.g., knock out pots) instead of IRSC. <br />3. It is necessary to modify/update the Division of Responsibilities "DOR" chart in the Wastewater <br />Treatment Agreement to reflect the above changes. <br />4. There is a minor section numbering error in Section 4 of the Wastewater Treatment Agreement <br />that the Parties would like to fix in this Amendment. <br />NOW, THEREFORE, in consideration of the mutual promises contained herein, it is agreed between the <br />District and IRSC as follows: <br />SECTION 1. Article 3.2 - The Company's Responsibilities and Obligations of the Wastewater Agreement <br />is amended to add 3.2 (f): <br />"(f) The District will no longer be supplying the leachate infeed pump directing Landfill Fluids <br />from the Infeed Tank to the Heartland Concentrator'" System. Specifically, IRSC will now be <br />responsible for designing, procuring, and installing this pump, including controls. The <br />District will still need to provide a flanged connection on the discharge of the Infeed Tank to <br />allow IRSC to connect the pump suction to the outlet of the tank." <br />Page 1 of 4 <br />