HomeMy Public PortalAbout026-2007 - RPL & RSD - Landfill gas lease agreement addendum No. 2SECOND ADDENDUM
THIS SECOND ADDENDUM is made and entered into this _19th day of March, 2007, 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
«"L"
WHEREAS, on July 22, 2003, RSD and RPL entered into a Landfill -Gas Lease Agreement
numbered 31-2003, and said Landfill -Gas Lease Agreement was subsequently amended on June 28, 2005
by contract number 95-2005 for an additional two-year term; and
WHEREAS, the Landfill -Gas Lease Agreement dated July 22, 2003, numbered 31-2003, 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, but said Landfill -Gas
Agreement was subsequently amended for an additional two year period from July 1, 2005 through June
30, 2007; and
WHEREAS, RPL is in need of additional time 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; and
WHEREAS, RPL now wishes to extend the initial two-year term of the Landfill -Gas Lease
Agreement for up to an additional two (2) year term from July 1, 2007 through June 30, 2009, upon the
same terms and conditions as set forth in the Landfill -Gas Lease Agreement dated July 22, 2003,
numbered 31-2003, as amended June 28, 2005 by contract number 95-2005; and
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained,
including the above stated recitals, RSD and RPL agree as follows:
The initial term of the Landfill -Gas Lease Agreement from July 1, 2003 through June 30,
2005, and further extended by contract number 95-2005 from July 1, 2005 to June 30, 2007,
having been completed, RSD and RPL agree to further extend the initial two (2) year term of
this agreement for up to a two year term from July 1, 2007 to June 30, 2009, 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, as amended
June 28, 2005 by contract number 95-2005, shall be applicable to the extended term of this
Second Addendum, unless such term, condition or covenant conflicts with this Second
Addendum, in which case this Second Addendum shall be controlling.
Contract 26-2007
IN WITNESS WHEREOF, the parties execute this Second 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. Phems, President
S/S Richard W. Bodiker
Richard W. Bodiker, Vice -President
S/S Greg Stiens
Greg Stiens
"RPL"
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 Diana Pappin
Diana Pappin, President
Richmond Common Council
S/S Larry Parker
Larry Parker, Chairman
RP&L Board
S/S Bing Welch
Bing Welch, 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 Al Glover
Al Glover, Member
S/S Bruce Wissel
Bruce Wissel, Member