Orange County NC Website
Browse       Search
Termination — County's Rights <br /> - The County may terminate the Agreement if either of the following occurs: <br /> o UNC failes to make timely payments <br /> o UNC abandons the Project <br /> o UNC fails to operate the Project for 180 consecutive days <br /> o UNC fails to construct the LFG Project within 5 years <br /> Termination — UNC's Rights <br /> - UNC may terminate the Agreement if either of the following occurs: <br /> o LFG generation falls below certain thresholds <br /> o UNC cannot obtain the government approvals and third-party easements <br /> necessary to construct and operate the LFG Project <br /> Effect of Termination <br /> - UNC may remove equipment from the Landfill and other County property or offer it for <br /> sale to the County at fair market value <br /> - Equipment is considered abandoned after 180 days if not removed or offered for sale <br /> - However, if the County uses any abandoned equipment, it must pay UNC the fair <br /> market value of such equipment <br /> Dispute Resolution <br /> - All disputes, except those requiring immediate injunctive relief, are submitted to an <br /> escalating negotiation and non-binding mediation process <br /> - If mediation efforts are unsuccessful, either party may resort to litigation <br /> Carolyn Efland stressed how much the University wants to enter into this agreement <br /> and that it is ready, able, and willing to sign the agreement. She said that the whole idea of <br /> terminating an agreement is foreign to the University. She said that they would work in good <br /> faith and were not happy about the thought of a termination agreement. <br /> PUBLIC COMMENT <br /> Will Raymond said that he would like to endorse what the University has put before the <br /> County. He believes that the agreement is essentially good. He said that this was supposed <br /> to be revenue neutral, and the original presentation was challenged by him and some others. <br /> He would like to see some of the revenue earmarked to address the issues brought forward in <br /> the Rogers Road Small Area Task Force, which is a Chapel Hill committee, to address some of <br /> the long-term issues along Rogers Road. For example, sidewalks along Rogers Road, which <br /> are a County obligation at this time. He thinks that the continuous monitoring issue should be <br /> part of the agreement. Noise abatement is also a key part of this. He said that he plans to <br /> work very hard to get this through the Chapel Hill Town Council. He believes that it is a very <br /> good project. <br /> Tracy Kuhlman is a member of the Rogers/Eubanks Neighborhood Association and <br /> The Coalition to End Environmental Racism. She requested that the County Commissioners <br /> not forget the people in the Rogers Road community who have hosted the landfill for the past <br /> 36 years. She said that the income generated for the County from this facility could range <br /> from $115,000-140,000 annually, with the potential for an additional $3,500-40,000 annually <br /> from the sale of renewable energy credits. In return, UNC will save money by avoiding the <br /> need to purchase power, and the University will also be working toward reaching its carbon <br /> reduction objectives. County staff has called this agreement a win-win situation for the County <br />