70-2008 EWSWA IGRS Amending Lease Agreement

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THE CORPORATION OF THE COUNTY OF ESSEX BY -LAW # 70 -2008 A BY -LAW AUTHORIZING THE EXECUTION OF AN AMENDING AGREEMENT BETWEEN THE CORPORATION OF THE COUNTY OF ESSEX, THE ESSEX- WINDSOR SOLID WASTE AUTHORITY AND INTEGRATED GAS RECOVERY SERVICES INC. WHEREAS the Corporation of the County of Essex and Integrated Gas Recovery Services Inc. entered into a Lease Agreement, dated February 1, 2005, pursuant to which the Corporation of the County of Essex granted Integrated Gas Recovery Services the rights to the Landfill Gas in the Landfill; AND WHEREAS the parties entered into an Amending Agreement dated May 1", 2007 ( "First Amending Agreement ") pursuant to which they: (i) amended certain provisions of the Lease in contemplation of the Landfill Gas, Landfill Gas generated electricity or other product from December 31, 2006 to December 31, 2008; AND WHEREAS a further amending agreement (the "Second Amending Agreement ") was entered into on July 9, 2008 which further extended the required date by which an agreement or agreements for the sale of Landfill Gas, Landfill Gas generated electricity or other product was to be entered into December 31, 2010; AND WHEREAS the Integrated Gas Recovery Services Inc. proposes to utilize the Landfill Gas to capture and combust the Landfill Gas in order to generate greenhouse gas emission reductions ( "Offsets ") for sale to a third party, prior to constructing a landfill gas to electricity project and as a result, it is necessary to amend provisions of the First Amending Agreement and clarify certain other provisions of the Lease; AND WHEREAS capitalized terms used in this agreement that are not otherwise defined have the meanings given to them in the Lease; NOW THEREFORE the Council of the Corporation of the County of Essex enacts as follows: 1. THAT the Warden and Clerk be and they are hereby authorized to execute the said Amending Agreement between the Corporation of the County of Essex, the Essex - Windsor Solid Waste Authority and Integrated Gas Recovery Services Inc. 2. This By -law shall come into force and tape effect on the date of passing.