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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