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SU0008758
Environmental Health - Public
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EHD Program Facility Records by Street Name
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2600 - Land Use Program
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PA-1100073
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SU0008758
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Last modified
5/7/2020 11:33:40 AM
Creation date
9/9/2019 11:03:12 AM
Metadata
Fields
Template:
EHD - Public
ProgramCode
2600 - Land Use Program
RECORD_ID
SU0008758
PE
2631
FACILITY_NAME
PA-1100073
STREET_NUMBER
6484
Direction
N
STREET_NAME
WAVERLY
STREET_TYPE
RD
City
LINDEN
APN
09344002
ENTERED_DATE
5/23/2011 12:00:00 AM
SITE_LOCATION
6484 N WAVERLY RD
RECEIVED_DATE
5/20/2011 12:00:00 AM
P_LOCATION
99
P_DISTRICT
004
QC Status
Approved
Scanner
SJGOV\rtan
Supplemental fields
FilePath
\MIGRATIONS\W\WAVERLY\6484\PA-1100073\SU0008758\APPL.PDF \MIGRATIONS\W\WAVERLY\6484\PA-1100073\SU0008758\CDD OK.PDF \MIGRATIONS\W\WAVERLY\6484\PA-1100073\SU0008758\EH COND.PDF \MIGRATIONS\W\WAVERLY\6484\PA-1100073\SU0008758\EH PERM.PDF
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EHD - Public
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6. RENT. Lessor acknowledges payment in advance of rent for the Term of <br />this Site Lease Agreement, including any extensions thereof, in the sum of One Dollar <br />($1.00). <br />7. USE, IMPROVEMENTS AND EQUIPMENT. <br />A. Contemporaneously with the execution of this Site Lease <br />Agreement, Lessor and Lessee have entered into a Landfill Gas Purchase Agreement, <br />whereby Lessor has agreed to sell and Lessee has agreed to purchase LFG which is <br />produced as a byproduct of the decomposition of refuse within the Landfill. Pursuant to <br />the Landfill Gas Purchase Agreement and this Site Lease Agreement, on the Site, <br />Lessee shall at its sole cost obtain all necessary governmental approvals, regulatory <br />permits and approvals to construct, own, and operate certain facilities for the <br />transportation, processing and use of LFG, and shall maintain such permits and <br />authorizations in effect at all times during the Term. The Site may be used by Lessee <br />for those purposes consistent with the construction, operation and maintenance of LFG <br />processing facilities, transportation of LFG, and use of LFG at the Plant. Lessee shall <br />have the right to enter the Site at any time for the purpose of making appropriate <br />engineering inspections of the Site and other reasonably necessary inspections of the <br />Site for constructing the LFG transportation, processing and use facilities. Lessee has <br />the right at its sole cost to erect, maintain, alter, remodel, reconstruct, rebuild, replace, <br />renew and operate on the Site the LFG transportation, processing and use facilities, a <br />condensate pipeline, communications facilities, utility lines, transmission lines, and <br />supporting equipment and structures thereto, as Lessee deems necessary, in Lessee's <br />reasonable judgment, for Lessee's conduct of its operations upon the Site (collectively, <br />the "Improvements"). Subject to Article VII.C.2 of the Landfill Gas Purchase Agreement, <br />title to the Improvements shall be held by Lessee, with the exception of LFG collectors <br />(vertical wells or horizontal collectors) and piping serving any and all LFG collectors at the <br />site. Owner of such items shall transfer to the County upon being put into service. <br />B. Lessor and Lessee intend and agree that, subject to the terms and <br />-' conditions of this Site Lease Agreement, the Improvements shall be and remain the <br />personal property of Lessee and shall be deemed Trade Fixtures, to be removed by <br />r Lessee upon the termination of the Landfill Gas Purchase Agreement. Upon <br />termination of the Site Lease Agreement or abandonment of the Site through non-use <br />of the Site by Lessee, title to any Improvements situated or erected on the Site, as <br />hereinabove allowed, and any alteration, change or addition thereto, shall remain solely <br />in title to Lessee or to a third party who holds title for reasons related to Lessee's <br />financing. <br />' C. Upon the expiration or earlier termination of this Site Lease <br />Agreement, Lessor and Lessee agree that Lessor shall have the right to purchase the <br />Plant, pursuant to the provisions of Article XXI (Option to Purchase Plant Following <br />Termination) of the Landfill Gas Purchase Agreement. In the event that Lessor <br />determines not to purchase the Plant, Lessee shall have a period of ninety (90) days <br />commencing on the date of expiration or termination of this Site Lease Agreement to <br />i <br />} 5 <br />Site Lease Agreement 4 <br />LFG to Energy <br />Foothill Sanitary Landfill <br />' SW -103035-R7 <br />lam' <br />E <br />cam' <br />
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