Agenda - 01-15-2008-6b - Laserfiche WebLink

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• Aggressively pursue the supporting analysis and present recommendations with the explicit intent of moving forward with a plan to work with the County on the beneficial use of the gas. • Complete this feasibility work within 90 days of the execution of this agreement. Responsibilities of Orange County • Provide information on its operations as needed for the completion of the feasibility analyses • .Generally support the feasibility analyses led by the University and ensure compatibility of proposals with ongoing landfill operations and objectives. • Permit access to its facilities in conformance with its policies and procedures as needed to enable completion of the technical and financial feasibility analyses. This includes access for drilling test wells to better ascertain potential gas flows and quantities. The University and the County Agree that: • This Memorandum contemplates the use of gas from the landfill on both the north and south sides of Eubanks Road, according to the attached map. • This is an exclusive relationship and neither the University nor the County will enter into a conflicting agreement to develop an energy program based on the County's landfill gas prior to the expiration of the 90 day term discussed herein • This Memorandum will terminate 90 days from inception unless extended by mutual written agreement of the parties. • The University may enter upon the landfill property for the purposes of completing the feasibility analysis. The University shall notify Gayle Wilson, the County's Solid Waste Director prior to entering the landfill property. To the extent provided by the North Carolina Tort Claims Act, The University shall be solely responsible for any and all losses, damages, and injuries sustained or caused by its employees, agents and contractors while they are engaged in work pursuant to this Memorandum while on County owned property. • Coincident with the 90 days feasibility analysis period, the University and the County will work together to draft a detailed agreement for the collection and use of the landfill gas. o It is the intent of the parties to be prepared to execute a final agreement for the collection and use of the gas based on the goals established herein at the end of the feasibility study period if both parties agree to proceed following receipt of the results of the feasibility study. o The final agreement will address design, finance, permitting (local and state), construction, operation, and maintenance of the system, including progress benchmarks. o The final agreement will address revenue sharing; including carbon credits.