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2023-077
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2023-077
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Last modified
4/28/2023 11:36:39 AM
Creation date
4/28/2023 11:30:40 AM
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Template:
Official Documents
Official Document Type
Amendment
Approved Date
04/18/2023
Control Number
2023-077
Agenda Item Number
15.B.2.
Entity Name
Indian River Sustainability Center, LLC (IRSC)
Subject
Amendment No. 2 to Wastewater Treatment Agreement
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AMENDMENT NO. 2 TO WASTEWATER TREATMENT AGREEMENT <br />This Amendment No. 2 ("Amendment") to Wastewater Treatment Agreement (the "Wastewater Treatment <br />Agreement") is made and entered into this 18th of April 2023 (the "Effective Date") by and between the <br />Indian River County Solid Waste Disposal District, a special dependent district of Indian River County, Florida (the <br />"District") and Indian River Sustainability Center, LLC ("IRSC" or the "Company"). All capitalized terms used herein <br />but not otherwise 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 Wastewater <br />Treatment Agreement which governs the interaction, rights and responsibilities of the District and IRSC with <br />respect to designing, furnishing and operating a wastewater treatment plant (collectively, the "Evaporation <br />Plant") to treat landfill leachate from the District's landfill located in Vero Beach FL (the "Landfill"); and <br />WHEREAS, on March 31, 2023, the members of the IRSC have been amended to include solely Heartland Water <br />Technology, Inc. ("Heartland") and Proximo Energy, LLC ("Proximo"). <br />WHEREAS, the Parties now desire to make three (3) changes to the Wastewater Treatment Agreement <br />(collectively, the "Changes") as more fully described in this Amendment (as contemplated in Section 5.2 of the <br />Wastewater Treatment Agreement): <br />WHEREAS, the Changes fall within the following categories: (i) reimbursement for costs and expenses incurred <br />by Heartland on behalf of the District related to certain scope changes (collectively, "Costs Related to Certain <br />Scope Changes"); (ii) reimbursement for costs and expenses which will be incurred by IRSC due to certain <br />Temporary Fixes (as defined below) which the District now plans to implement (collectively, "Costs Related to <br />Temporary Fixes"); and (iii) certain language relating to a release requested by the District in connection with <br />the approved design of the roll -off boxes (the "Roll -off Box Modification"). <br />NOW, THEREFORE, in consideration of the mutual promises contained herein, it is agreed between the <br />District and IRSC as follows: <br />COSTS RELATED TO CERTAIN SCOPE CHANGES <br />A. Background <br />There are three (3) scope changes included in this Section relating to the following provisions in the <br />Wastewater Treatment Agreement: <br />(a) Under the terms of Section 3.3(c), "The District shall obtain all necessary Permits to allow for <br />installation and operation of the Evaporation Plant at the Evaporation Plant Site including <br />without limitation the Permits that are listed on Appendix D hereof." One such permit required <br />to be secured was a building permit. <br />(b) The Division of Responsibilities that is found in Appendix C Part 2 of the Wastewater Treatment <br />Agreement as amended by the First Amendment (the "DOR") contemplates that the District is <br />responsible for supply and installation of the Landfill Gas (LFG) and Nat Gas supply for thermal <br />energy. <br />(c) The Wastewater Treatment Agreement did not contemplate the need for IRSC to integrate with <br />Page 1 of 6 <br />
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