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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