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2022-269
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Last modified
1/5/2023 2:23:32 PM
Creation date
1/5/2023 2:22:41 PM
Metadata
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Template:
Official Documents
Official Document Type
Amendment
Approved Date
12/20/2022
Control Number
2022-269
Agenda Item Number
15.B.5.
Entity Name
Nopetro Eco District, LLC
Subject
Amendment No. 3 to Landfill Gas Agreement
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K. The District will install a High Pressure Skid System with chiller to provide <br />pressurized dry gas to the Company at 8 PSIG (pounds per square inch gauge). <br />In addition, the District will be responsible for measuring and recording the <br />quantity and quality of LFG that is delivered to Company at the Delivery <br />Point, which is on the District's property and this information will be used to <br />correlate Acceptable Landfill Gas with the Company. The District will, at a <br />minimum, factory calibrate the flow and quality metering equipment at least <br />semiannually and provide copies of those calibrations to the Company. <br />Section 3.2 is amended to read as follows (other clauses not referenced below will stay as written): <br />3.2. Company Responsibilities and Obligations._ <br />I. The Company is responsible for the metering of the Condensate and <br />providing metering records to the District on a monthly basis. The Company <br />shall pay District lesser of $0.22 per gallon or actual operating cost for any <br />volume over 1,000 gallons per day. This rate is subject to annual <br />adjustments. On a quarterly basis, the Company shall sample and analyze <br />the condensate from its equipment to verify that it is non -hazardous and <br />provide a copy of the laboratory results to the District. The Company to <br />identify the sample port location on the facility site plan. If it is determined <br />to be hazardous, then the Company shall be responsible for the proper <br />disposal of the hazardous Condensate. <br />O. The Company commits, per the letter to the County dated April 28, 2022, <br />to issue a payment to the District for $146,285 per Biogas Engineering's <br />Change Order No. 1 cost related to the High Pressure Skid within 30 days <br />of the Effective Date otherwise there will be a 5% penalty per day until it is <br />paid. <br />Section 3.3 C is amended as follows: <br />C. Commercial and Environmental Improvement Projects. Without limiting <br />District's obligations under Section 3.3 within ninety (90) days after the <br />Effective Date, and every three (3) months thereafter, the Company and <br />District shall meet to discuss and agree upon a recommended scope of <br />Commercial and Environmental Improvement projects. The Parties shall <br />work in good faith to reach a consensus plan. When and if an agreement is <br />reached, and the District has approved any District related expenditure at its <br />highest level of government, on the scope and terms of a Commercial and <br />Environmental Improvement projects, the Company shall confirm the <br />Parties' agreement by issuing a notice to District including the terms of the <br />agreement of the Parties as to the Commercial and Environmental <br />Improvement projects, and the Parties' proposed respective responsibilities <br />for such improvements, which notice shall be subject to District's written <br />acknowledgment. As of District's confirmation of the notice provided by <br />Company, Company shall be obligated to pay for the cost of the <br />Commercial and Environmental Improvement projects as reflected in the <br />Notice. The District may elect to jointly fund some or all of the agreed <br />Commercial and Environmental Improvement projects up to the amount <br />agreed to be paid by the Company, but shall have no obligation to do so. <br />Amendment No. 3 to LFG Agreement Page 3 of 9 <br />
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