ARCHIVED REPORTS_2011_1 - Laserfiche WebLink

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THIS AGREEMENT, made and entered into as of this 104 day of � , 2010 (the "Effective Date"), between San Joaquin County, a political subdivision of the State of California with principal offices at 44 North San Joaquin Street, Suite 627 Stockton, California 95202 ("County') and Ameresco San Joaquin LLC, a Delaware limited liability company with principal offices at 111 Speen Street, Framingham, Massachusetts 01701 ("Ameresco"). County and Ameresco may be referred to individually as a"Party"or collectively as the"Parties"or"Parties to this Agreement." I RECITALS A. WHEREAS it is the intent of the Parties to utilize beneficially the Landfill Gas produced at the Foothill Sanitary Landfill, and B. WHEREAS County owns the Foothill Sanitary Landfill located at 6484 North Waverly Road, Linden, California. This landfill is presently operated by Foothill Landfill Inc., under contract with County, and C. WHEREAS Landfill Gas is produced from decomposing refuse within the Landfill; and D. WHEREAS County has constructed LFG collection and combustion facilities at the Landfill in compliance with applicable Federal and Regional Air Quality Management District regulations, and the LFG is not used for energy production at this time; and E. WHEREAS, County requested and received proposals from companies interested in purchasing LFG; and F. WHEREAS, County evaluated proposals received and determined that Ameresco is qualified and that Ameresco's proposal was the most advantageous for the County; and G. WHEREAS County wishes to sell, and Ameresco wishes to purchase, the LFG during the Term hereof in accordance with the terms and conditions of this Agreement for use at the Plant; and H. WHEREAS Ameresco intends to construct or cause to be constructed, own, operate, and maintain electric generation equipment fueled by LFG as it may be altered from time to time, and certain other facilities at the Landfill in support of that activity; and I. WHEREAS Ameresco intends to sell electricity produced from LFG purchased from County under this Agreement, as well as all associated environmental attributes, including without limitation "green tags"to one or more purchasers. NOW, THEREFORE, for and in consideration of the declarations and mutual promises and covenants contained herein, Ameresco and County do hereby agree as follows: A. Ameresco intends to construct the Plant at Site to produce electricity from Landfill Gas. B. After construction of the Plant, Ameresco will operate the LFG Collection System in accordance with Article VII. LFG Purchase Agreement 1 Foothill Sanitary Landfill Ameresco San Joaquin LLC/San Joaquin County SW-108035-R5