HomeMy Public PortalAbout095-2005 Addendum _RPL & RSD LandfADDENDUM
THIS ADDENDUM is made and entered into this 28th day of June, 2005, by and
between the City of Richmond, Indiana, Department of Sanitation, acting through the
Board of Commissioners for the Richmond Sanitary District (hereinafter referred to as
"RSD") and Richmond Power & Light, a municipally owned utility company owned by
the City of Richmond, Indiana, and acting through Richmond Common Council serving
as its Board of Directors (hereinafter referred to as "RPL").
WHEREAS, on July 22, 2003, RSD and RPL entered into a Landfill -Gas Lease
Agreement numbered 31-2003; and
WHEREAS, the Landfill -Gas Lease Agreement dated July 22, 2003 was for an
initial period of two years, commencing July 1, 2003, to allow RPL the opportunity to
further inspect and evaluate the Premises to determine if sufficient LFG (Landfill Gas)
was available to generate adequate electricity to make the project worthwhile and that
following the phase of this two (2) year agreement RPL had the option to renew for a
period of fifteen (15) years; and
WHEREAS, RPL wishes to extend the term of this Agreement for up to an
additional two (2) years from July 1, 2005 through June 30, 2007, upon the same terms
and conditions as set forth in the Landfill -Gas Lease Agreement dated July 22, 2003 and
numbered 31-2003; and
WHEREAS, RSD is willing to extend the initial term of this Agreement for up
to an additional two years from July 1, 2005 to June 30, 2007, upon the same terms and
conditions as set forth in the Landfill -Gas Lease Agreement dated July 22, 2003 and
numbered 31-2003; and
NOW, THEREFORE, in consideration of the mutual promises and covenants
herein contained, including the above stated recitals, RSD and RPL agree as follows:
1. The initial term of this Agreement from July 1, 2003 through June 30, 2005
having been completed, RSD and RPL agree to extend the term of this
agreement from July 1, 2005 up to June 30, 2007, to allow RPL the
opportunity to further inspect and evaluate the premises to determine if
sufficient LFG (Landfill Gas) is available to generate adequate electricity to
make the project worthwhile.
2. RSD and RPL expressly agree that all of the terms, conditions and covenants
contained in the Landfill -Gas Lease Agreement dated July 22, 2003,
Agreement No. 31-2003, shall be applicable to the extended term of this
Addendum, unless such term, condition or covenant conflicts with this
Addendum, in which case this Addendum shall be controlling.
Contract No. 95-2005
IN WITNESS WHEREOF, the parties execute this Addendum effective the day and year
first above written, although signatures may be affixed at different times.
"RSD"
City of Richmond, Indiana
Department of Sanitation
Acting through the Board of
Commissioners for the Richmond
Sanitary District
S/S Rodney A. Phenis
Rodney A. Phenis, President
S/S Richard W. Bodiker
Richard W. Bodiker, Vice -President
S/S Terry Dull
Terry Dull
Richmond Power & Light, a
municipally owned utility of
the City of Richmond, Indiana
acting through Richmond
Common Council serving as its
Board of Directors
S/S Bruce Wissel
Bruce Wissel, President Richmond
Common Council
S/S Bing Welch
Bing Welch, Chairman
RP&L Board
S/S Larry Parker
Larry Parker, Vice -Chairman
RP&L Board
S/S Howard J. Elstro
Howard J. Elstro, Member
S/S Etta Lundy
Etta Lundy, Member
S/S Karl Sharp
Karl Sharp, Member
S/S Gilbert Klose
Gilbert Klose, Member
S/S Glover Member
Al Glover, Member
S/S Diana Pappin
Diana Pappin, Member