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Packet 20250407
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5E Consent
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Last modified
9/22/2025 4:57:24 PM
Creation date
9/15/2025 9:06:49 AM
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CM City Clerk-City Council
Document Date (6)
4/7/2025
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Perm
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Reso 2025-030 Lease Agreement with Fluence Corporation
(Amended)
Path:
\City Clerk\City Council\Resolutions\2025
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4 <br />Pricing <br />The following details the pricing for delivery of the Demonstration Equipment outlined in this <br />proposal. Pricing is valid for 30 days from the date of this proposal: <br />Lease Overview: <br /> Purpose: To provide the Client with an opportunity to use the Demonstration Equipment <br />to meet their treatment goals and understand the operation requirements using a large- <br />scale pilot. The Client will use best efforts to approve the Demonstration Equipment as <br />an acceptable solution for their full-scale solution and can choose to incorporate the <br />Demonstration Equipment provided under this lease into the final design for the future <br />Project. <br /> Term: 12 months from delivery of the Demonstration Equipment to the Delivery Point* <br /> Scope of Demonstration Equipment: See Appendix 3 <br /> Lease Payment Structure: <br />o Down Payment: $15,000 due 30 days after Lease contract signing <br />o Monthly Rate: $15,000 invoiced 1st of month after delivery to the Delivery Point <br />o Total Monthly Payments: 12 <br /> Termination by Client: <br />a. The Demonstration Equipment does NOT meet the effluent requirements defined <br />in Appendix 1, or <br />b. The expiry of 12 months from the Delivery Date. <br /> Remedies for Fluence <br />o In the case of Termination for effluent failure, the Client must provide a 30 day <br />notice of non-performance with Appendix 1 effluent limits. Fluence will have the <br />opportunity to adjust the operation of the Demonstration Equipment to perform <br />in accordance with Appendix 1 limits. If after 30 days the Demonstration <br />Equipment remains out of compliance with Appendix 1 limits, then the Client can <br />terminate the Lease and Fluence will remove the Demonstration Equipment from <br />the site. The Client will be responsible for decommissioning the Demonstration <br />Equipment and loading the equipment onto Fluence provided transportation <br />from the site. <br />o In the case of Termination pursuant to clause (b) above, the Demonstration <br />Equipment will be returned to Fluence with the appropriate support from the <br />Client to break the unit down and disinfect it per Appendix 5. Fluence will pick <br />up the equipment at the jobsite and remove the Demonstration Equipment. <br />Other Lease Requirements <br /> Credit check <br /> Insurance <br />Shipment: Upon receipt of down payment, shipment is anticipated within 20-24 weeks. <br />
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