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SITE LEASE AGREEMENT f <br /> THIS SITE LEASE AGREEMENT (this "Site Lease Agreement") is made and <br /> entered into this day of , 1 2010 ("Effective Date") by and between <br /> San Joaquin County, a political subdivision of the State of California with offices located <br /> at 44 North San Joaquin Street, Suite 627, Stockton, California 95202 ("Lessor"), and . <br /> Ameresco San Joaquin LLC, a Delaware limited liability company with principal offices <br /> located at 111 Speen Street, Framingham, Massachusetts 01701 ("Lessee"). Lessee <br /> and Lessor may be referred to individually as a "Party"or collectively as the "Parties" or <br /> "Parties to this Site Lease Agreement." <br /> RECITALS <br /> A. It is the intent of the Parties to utilize beneficially the Landfill Gas at <br /> the Foothill Sanitary Landfill. <br /> B. Lessor owns the Foothill Sanitary Landfill located at 6484 North <br /> Waverly Road, Linden, California. The Landfill is presently operated by Foothill Landfill <br /> Inc, under contract with Lessor. <br /> i, <br /> C. Landfill Gas is produced from decomposing refuse within the Landfill. <br /> D. Lessor has constructed LFG collection and combustion facilities at the <br /> Landfill in compliance with applicable Federal and Regional Air Quality Management <br /> t District regulations, and the LFG is not used for energy production at this time. <br /> l <br /> E. Lessor requested and received proposals from companies interested <br /> in purchasing LFG. <br /> F. Lessor evaluated proposals received and determined that Lessee is <br /> qualified and that Lessee's proposal was the most advantageous for Lessor. <br /> G. Lessor wishes to sell, and Lessee wishes to purchase, the LFG during <br /> the Term hereof in accordance with the terms and conditions of the Landfill Gas .. <br /> Purchase Agreement for use at the Plant. <br /> 3 <br /> 5 <br /> H. Lessee intends to construct or cause to be constructed, own, operate, f <br /> and maintain electric generation equipment fueled by LFG as it may be altered from <br /> time to time, and certain other facilities at the Landfill in support of that activity. <br /> I. Lessor and Lessee shall enter into the Landfill Gas Purchase <br /> Agreement for the sale of LFG. <br /> J. Lessee intends to sell electricity produced from LFG purchased from <br /> Lessor under the Landfill Gas Purchase Agreement, as well as all associated I <br /> Environmental Attributes, including without limitation "green tags"to one or more <br /> purchasers. <br /> Site Lease Agreement 1 <br /> LFG to Energy <br /> Foothill Sanitary Landfill z <br /> SW-10BD35-R7 <br />