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Entities will connect the Landfill Pad's LFG System to the City Streets Property LFG System,(2)the City
<br /> will have responsibility for operation and maintenance of portions of the LFG System owned by the City
<br /> on the Landfill Pad,and(3)the parties will cooperate regarding comprehensive operation and maintenance
<br /> (O&M)of the entire LFG system, and hiring of O&M Contractors.
<br /> G. Since the LFG System has been expanded,the RCI Entities desire to grant a new easement to the
<br /> City for LFG System operation and maintenance. This new easement supersedes the "Landfill Gas
<br /> Management System Easement" granted in Section 1 of the Original Agreement. The parties anticipate
<br /> that, as the LFG System further expands on the Landfill Pad, that parties will continue to amend and
<br /> supplement the easements granted in the Original Agreement and in this Amendment.
<br /> AMENDMENT TERMS
<br /> In consideration of the above recitals, the mutual promises and covenants contained herein, and
<br /> other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the
<br /> undersigned covenant, stipulate, and agree to the following:
<br /> 1. Termination of Landfill Gas Management System Easement. In accordance with Section 12(B)
<br /> of the Original Agreement, the Landfill Gas Management System Easement, as defined and described in
<br /> Section 1 of the Original Agreement, is hereby terminated and superseded by the easement granted in this
<br /> Amendment. All other easements granted in the Original Agreement shall remain in full force and effect.
<br /> 2. New Grant of LFG Easement to City. The RCI Entities hereby grant to the City and their
<br /> contractors, agents, and employees ("City Representatives") a permanent, nonexclusive easement over,
<br /> under, across, and through the strips of land within the Landfill Pad twenty feet(20')wide having ten feet
<br /> (10')of such width on each side of the centerline of each of the components of the as-built LFG System in
<br /> the approved as-built drawings on file with the City and as approximately shown in Exhibit E which also
<br /> designates which portion of the LFG System is (A) "Perimeter LFG System," (B) "Riverfront
<br /> Boulevard/41 st St LFG System"or(C)"Riverfront Boulevard LFG System"(all such strips of land for(A),
<br /> (B), and (C) collectively, the "Landfill Pad Easement Area"; the portion of the Landfill Pad Easement
<br /> Area that contains all such strips of land for (A) and (B) collectively, the "Perimeter Landfill Pad
<br /> Easement Area") for the purpose of using, operating, maintaining, inspecting, and repairing (including
<br /> replacement of pipe in the same location)the LFG System, all as required by Ecology under the CAP/CD
<br /> and as set forth in other agreements between the Parties,together with rights of ingress and egress over and
<br /> across the Landfill Pad for access to such LFG System,and for no other purposes without the RCI Entities'
<br /> prior written consent(the"Landfill Pad LFG Easement"). For the purposes of clarity,the Parties agree
<br /> that, if such centerline is less than ten feet (10') from the boundary of the Landfill Pad, then the Landfill
<br /> Pad Easement Area only extends to the boundary.
<br /> The Parties agree that RCI Parties will own,and have operation and maintenance responsibility for
<br /> the QED valves located where building LFG systems will connect to the City-owned LFG header systems,
<br /> all of which are already installed in the Landfill Pad Easement Area. The City shall be allowed to access
<br /> and operate these QED valves in case of emergency. The City shall also be allowed to access and operate
<br /> these valves to support operation and maintenance of the LFG header systems,with advanced coordination
<br /> between the Project Managers per the LEIA.
<br /> The Landfill Pad LFG Easement is governed by this Section 2 below and by Sections 13-24 of the
<br /> Original Agreement(as amended). In such Sections 13-24, the RCI Entities are the "Grantor,"the City is
<br /> the "Grantee," the Landfill Pad Easement Area is the "Easement Area", the Landfill Pad is "Grantor's
<br /> Property," and the Landfill Pad LFG Easement is the "Easement,"the City Streets Property is "Grantee's
<br /> Property,"RCI Entities' Representatives is Grantor's"Representatives,"City Representatives is Grantee's
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