ARCHIVED REPORTS_2011_1 - Laserfiche WebLink

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F. County shall allow Ameresco reasonable access to the Landfill during normal business hours to evaluate the LFG Collection System and the potential production of LFG. G. County acknowledges that Ameresco may want to finance the Project and expansions to the LFG Collection System and related equipment. County hereby consents to any lien on the contracts, machinery, equipment,fixtures, and buildings in which Ameresco has ownership for the purpose of obtaining such financing, provided that: 1. Ameresco gives County notice of the existence of any such lien together with the name and address of the holder of such lien, and a copy of such lien. The existence of such lien shall not relieve Ameresco from any liability or responsibility under this Agreement. 2. Ameresco does not grant a security interest or allow a lien or other encumbrance to be placed on the LFG Collection System as it exists at the Effective Date, the Landfill, or, except to the extent explicitly allowed under this Agreement, any property owned by County. H. County does not consent to the imposition of any mechanics,judgment, or tax lien, or to any lien other than a mortgage lien or other collateral security agreement entered into in connection with a financing permitted under this Agreement. I. Complying with all applicable environmental regulations, including requirements of the San Joaquin Valley Air Quality Management District, takes precedent over the production of electricity from the LFG. J. In case of apparent conflict between this Agreement and the Site Lease Agreement, the provisions of this agreement will take precedence. III PROJECT DESCRIPTION A. Ameresco shall design, construct, operate, and maintain the Plant. Ameresco intends to initially install two electrical generation units. The gross electrical power generation nameplate capacity of the Plant, subject to final design, is proposed to be approximately 4.3 megawatts. B. County shall make available to Ameresco, the Site at which the Plant and certain other of Ameresco's Facilities will be located. Availability of the Site will be by a Site Lease Agreement. C. Within the Site, Ameresco shall have the right to conduct operations necessary for, or incidental to, the processing of LFG and generation and delivery of electricity from the Plant. IV TERM A. Initial Term: Subject to the other provisions contained herein, this Agreement shall become effective on the Effective Date and shall continue in full force and effect for a LFG Purchase Agreement 3 Foothill Sanitary Landfill Ameresco San Joaquin LLC/San Joaquin County SW-1013035-R5