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2022-110
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Last modified
7/13/2022 3:18:41 PM
Creation date
6/24/2022 12:40:18 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
06/14/2022
Control Number
2022-110
Agenda Item Number
15.B.2.
Entity Name
Indian River Sustainability Center, LLC
Subject
Solid Waste Disposal District (SWDD) Site Access Agreement
to treat the landfill leachate on landfill site
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Prepared by and after recording return to: <br />STATE OF FLORIDA <br />COUNTY OF INDIAN RIVER <br />THIS SITE ACCESS AGREEMENT ("Access Agreement") is made effective <br />as of the 7 th day of June , 2022 (the "Effective Date"), by and between <br />INDIAN RIVER SUSTAINABILITY CENTER, LLC ("Operator"), and INDIAN <br />RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, a special dependent district <br />of Indian River County, Florida ("District'). Operator and District are referred to herein <br />collectively as the "Parties" and individually as a "Party." <br />RECITALS <br />WHEREAS, Operator and District entered into that certain Wastewater <br />Treatment Agreement, dated as of July 13, 2021 (as such may be further amended or <br />assigned from time -to -time, collectively, the "Treatment Agreement'), pursuant to which <br />Operator is authorized to install, operate, maintain, repair, replace and remove a 30,000 <br />gallons -per -day wastewater evaporation plant featuring a Type 3 LM -HTO Heartland <br />ConcentratorTM System (collectively, the "Project") located on certain real property, <br />improvements and appurtenances as more particularly described on Exhibit "A" attached <br />hereto and by reference incorporated herein (the "Premises"). <br />WHEREAS, pursuant to the terms of the Treatment Agreement, the Operator will <br />process (by evaporation) the District's wastewater at the Project for the term of the <br />Treatment Agreement, provided that the District provides sufficient quantities of <br />wastewater and other required inputs as required in the Treatment Agreement, which <br />items include, without limitation, access to the Premises. <br />WHEREAS, District desires to grant access to the Premises to Operator in order <br />to allow Operator to perform its duties and obligations under the Treatment Agreement. <br />NOW, THEREFORE, in consideration of good and valuable considerations, <br />including, without limitation, and where applicable, each Party's respective duties and <br />obligations under the Treatment Agreement, the Parties agree as follows: <br />I. Grant and Term. From and after the Effective Date, and continuing until <br />the earlier of the termination of the Treatment Agreement but not later than twenty (20) <br />years from the Commercial Operation Date of the Project as defined in the Treatment <br />Agreement, District grants to Operator the right to access and to conduct all activities <br />
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