Loading...
HomeMy WebLinkAboutContract 52344-R1 CSC No.52344-R1 FIRST RENEWAL OF BIOGAS PURCHASE AND SALE AGREEMENT This First Renewal of Biogas Purchase and Sale Agreement (this "Agreement') (CSC 52344), effective as of the date subscribed below by the Seller's designated signatory(the"Effective Date"),is by and between MAS Arlington RNG, Ltd., f/lda Renovar Arlington Ltd., a Texas limited partnership, with offices at 3340 Peachtree Road NE, Suite 170, Atlanta, Georgia 30326 ("Buyer"), and the City of Fort Worth, Texas, a municipal corporation, with offices at 200 Texas Street, Fort Worth, Texas 76102 ("Seller"). Buyer and Seller may be referred to herein individually as a"Party" and collectively as the "Parties". Background A. Seller and Buyer have previously executed and delivered that certain Biogas Purchase and Sale Agreement dated as of May 23, 2019 (the "Biogas Agreement") pursuant to which Buyer has contracted to purchase fi-om Seller Biogas generated by the Village Creek Water Reclamation Facility to be processed by Buyer into RNG. Capitalized terms used and not otherwise defined herein shall have the meanings assigned to them in the Biogas Agreement. B. The Commencement Date under the Biogas Agreement was October 19, 2019. Pursuant to Section 2 of the Biogas Agreement,the initial term was for thirty-six(36)months and may be extended and renewed up to two additional 12-month terms by mutual agreement of the Parties. C. The Parties,by this Agreement, wish to extend and renew the Biogas Agreement for one (1)year from the Commencement Date. NOW THEREFORE, in consideration of the promises and mutual covenants and conditions contained herein, Seller and Buyer agree as follows: Agreement 1. Term. The Parties hereby exercise their right to renew the Biogas Agreement and extend the Term for one(1)year. Therefore,the Term,as extended,shall expire October 19,2023. 2. No Further Modification. Except as expressly modified and amended hereby, the Biogas Agreement is not otherwise modified or amended,except as to provide that the undersigned Assistant City Attorney's name shall be substituted for the person named for Notice in the Biogas Agreement, and the same is hereby ratified and affirmed. SIGNA TURES APPEAR ON THE FOLLOWING PAGE OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX IN WITNESS WHEREOF, the Parties hereto have caused the execution of this First Renewal of Biogas Purchase and Sale Agreement by the duly authorized officers whose names appear below. MAS ARLINGTON RNG,LTD. CITY OF FORT WORTH,TEXAS By: MAS Arlington RNG Management, L.L.C. bAK1111 9"Pla Its General Partner By: Dana Burehdoff(Pray 13 2 09022 :54 CDT) Name: Dana Burghdoff By: MAS Ranger,LLC Title: Assistant City Manager Its Manager 2/ By: Recommended by: Name: Michael Hall Title: Manager ChrlstooherH rder(May 11202207:57 CDT) Christopher Harder,P.E. Fort Worth Water Department Director Approved as to Form and Legality: WIA M&C: C-29124 Mack 1202210:07CDT) Date: 5/14/2019 Douglas W.Black Sr.Assistant City Attorney Attest: o OF° 0 °00 d J ette S.Goodall(May 13,2022 1 CDT) r/E.o p�� Jannette S. Goodall 0 v o 0 2 City Secretary 0 *�1 aT ° ° °0000000 Q411 ' ��nEXASaA Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all performance and reporting requirements. J es McDonald(May 11,202207:52 CDT) Signature James McDonald Name of Employee Sr. Capital Projects Officer Title OFFICIAL RECORD 2 CITY SECRETARY FT.WORTH, TX