2024-031A - Laserfiche WebLink

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AMENDMENT NO. 4 TO LANDFILL GAS AGREEMENT This Amendment No. 4 ("Amendment No. 411) to that certain Landfill Gas Agreement, (as amended and modified prior hereto, the "Agreement"), by and between the Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida (the "District") and Nopetro Eco District, LLC, a Florida Limited Liability Company (the "Company" or "NED"), successor by assignment from Indian River Eco District, LLC (the "IRED"), is made and entered into as of -March S , 2024 ("Effective Date"). The District and the Company are each a "Party" and collectively the "Parties". WHEREAS, the District and IRED entered into the Agreement dated as of July 16 2019 (the "Original Agreement") pursuant to which the District would deliver and IRED would accept, landfill gas from the District, which Original Agreement has been amended three times by the Parties: on July 14, 2020 ("Amendment No. V), May 18, 2021 ("Amendment No. 211) and December 20, 2022 ("Amendment No. Y); and WHEREAS, both Parties agree to extend the LFG Commencement Date and the LFG Termination Date by eight (8) months in consideration of an additional payment of $60,000.00 as defined below; WHEREAS, both Parties agree to commit to standard operating procedures under Sections 3.1 and 3.2 by June 30, 2024, as both parties agree that the division of responsibilities are not clearly defined under those Sections; and WHEREAS, the Company and IRED entered into that certain Assignment and Assumption Agreement (the "Assignment") dated as of November 29, 2021 pursuant to which IRED assigned to the Company and the Company assumed all of IRED's rights and obligations under the Agreement. NOW, THEREFORE, in consideration of the premises, any prior claims for Force Majeure having been resolved, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree to amend and modify the Agreement and all prior amendments as follows: 1. The above recitals are true, correct and describe the intent of the Parties concerning Amendment No. 4. 2. The Parties agree to reconvene shortly after groundbreaking to further define, clarify, and finalize the division of responsibilities and operating procedures under Sections 3.1 and 3.2, no later than. June 30, 2024. ARTICLE 1— DEFINITIONS Section 1.1 is amended to strike "Gross Receipts" as a defined term from the Agreement (and subsequent Amendments) and replaced or substituted with "Net Proceeds" as follows (other clauses or definitions not referenced below will stay as written): Page 1 of 5