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ARCHIVED REPORTS_2011_1
Environmental Health - Public
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ARCHIVED REPORTS_2011_1
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Last modified
7/17/2020 3:53:37 PM
Creation date
7/3/2020 10:44:57 AM
Metadata
Fields
Template:
EHD - Public
ProgramCode
4400 - Solid Waste Program
File Section
ARCHIVED REPORTS
FileName_PostFix
2011_1
RECORD_ID
PR0440004
PE
4433
FACILITY_ID
FA0004517
FACILITY_NAME
FOOTHILL LANDFILL
STREET_NUMBER
6484
Direction
N
STREET_NAME
WAVERLY
STREET_TYPE
RD
City
LINDEN
Zip
95236
APN
09344002
CURRENT_STATUS
01
SITE_LOCATION
6484 N WAVERLY RD
P_LOCATION
99
P_DISTRICT
004
QC Status
Approved
Scanner
SJGOV\rtan
Supplemental fields
FilePath
\MIGRATIONS\SW\SW_4433_PR0440004_6484 N WAVERLY_2011_1.tif
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EHD - Public
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Y <br /> I <br /> 6. RENT. Lessor acknowledges payment in advance of rent for the Term of <br /> i <br /> this Site Lease Agreement, including any extensions thereof, in the sum of One Dollar <br /> ($1.00). <br /> I <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 /> I <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 /> 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 i.. <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 /> Site Lease Agreement 4 <br /> LFG to Energy <br /> Foothill Sanitary Landfill I <br /> SW-1013035-R7 <br /> I' <br />
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