HomeMy WebLinkAbout2020-131BAMENDMENT NO. 1 TO LANDFILL GAS AGREEMENT
This Amendment No. 1("Amendment") to Landfill Gas Agreement is made and entered
into this 14th of July, 2020 between the Indian River County Solid Waste Disposal District, a
dependent special district of Indian River County, Florida (the "District") and the Indian River
Eco District, LLC, a Texas limited liability company (the "Company").
WHEREAS, on July 16, 2019, the District and Company entered into a Landfill Gas
Agreement, whereby the Company would purchase landfill gas from the District; and
WHEREAS, due to delays in conjunction with COVID-19 and Company's desire to
switch from power generation to renewable natural gas, Company was unable to meet the
Commencement Date deadline of July 16, 2020,
NOW, THEREFORE, in consideration of the mutual promises contained herein, it is
agreed between District and Company as follows:
SECTION 1. Section 13.1 of the Landfill Gas Agreement is amended to read as follows:
"13.1 Delay in Achieving LFG Commencement Date. If the LFG Commencement
Date has not occurred by September 30, 2021, District may issue written notice to
Company electing to terminate this Agreement three (3) months following the
date such written notice is issued. If the LFG Commencement Date occurs within
three (3) months after Company receives such written notice, then this Agreement
will not terminate and shall continue in full force and effect. If the LFG
Commencement Date does not occur within three (3) months after Company
receives such written notice, then this Agreement shall terminate and neither Party
shall have any further rights, obligations or liabilities hereunder."
SECTION 2. Section 6.7 of the Landfill Gas Agreement is amended to read as follows:
"6.7 During the term of this Agreement, the District shall not undertake any action
that would: (a) temporarily or permanently divert Acceptable LFG to any other
user without first offering said LFG to the Company per Section 3.2(LI or (b)
permanently reduce the production of LFG at the Landfill, unless such action is
(1) required by an applicable law or (2) otherwise deemed necessary and
appropriate by the District for the protection of the public health, safety and
welfare. District may divert up to 350 SUM of Acceptable LFG for use at the
Landfill, if the District determines in its sole discretion that such LFG is needed
for the economically efficient processing of Leachate. District shall provide notice
to Company prior to such diversion. The District will only divert the amount
necessary for such processing. If the District, acting reasonably and in good faith,
determines to divert more than 350 SUM for the economically efficient
processing of Leachate, then the District shall give notice to Company prior to
diversion, and Company shall not unreasonably withhold its consent to such
diversion. If the District proceeds with the economically efficient processing of
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Leachate that does not require the use of all or some of the 350 SCFM of
Acceptable LFG, then the Company may request that the District release its rights
to such unused volume, and the District shall not unreasonably withhold its
consent to this request.
SECTION 3. All other terms of the Landfill Gas Agreement shall remain in full force
and effect.
IN WITNESS WHEREOF, District and Company hereto have executed this
No. 1 as of the date first written above
ATTEST: Jeffrey R. Smith, Clerk of Courts
And Comptro�ll�e�r %J
B 01�� � Z? J[
Deputy Clerk
Jason E. $rowh, County Administrator
Approvedas to form and legal suff' 'envy:
Dyl eingold, County Attorney
COMPANY:
INDIAN DISTRICT, LLC.
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Name: ,4/4 i N Cja S T p o
Title:Met! f PCS i 14 fl --
SOLID WASTE
By;
a
Adams, Chairman
Approved by BCC: July 14, 2020
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