Agenda - 12-03-2007-6c - Laserfiche WebLink

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Guiding Principles The County and the University agree to the following Guiding Principles for subsequently developing and entering into a more detailed contractual agreement to design, finance, construct, operate, and maintain the planned landfill gas collection and use system. The detailed agreement will more fully describe the business plan and the operating plan for assuring a safe, reliable, high quality, and cost effective landfill gas collection and use system. The County and the University agree to proceed on the basis of the estimated landfill gas quantities identified in the March 2006 report, Landfill Gas Recovery Feasibility Study, by Olver Incorporated. The County and the University will work during the period prior to the final agreement to further refine the estimated gas production. The County and the University agree that the landfill gas collection and use system must be financially justifiable within a reasonable capital recovery period to be defined during the agreement process. In addition, the planned landfill gas collection and use system will provide many important strategic benefits that are hard to quantify in economic terms. Upon either party's determination that the project is not viable for any reason, either party may elect to withdraw from further negotiations concerning a landfill gas collection and use system and this letter of understanding will terminate. The Parties agree that the proposed agreement will address the following issues: 1) Responsibility for obtaining all necessary permits to construct and operate a landfill gas collection and flare system. 2) Ownership, operation, and maintenance responsibilities for the landfill gas collection and use system 3) Grant to the University exclusive rights to the energy of the landfill gas and the carbon credits generated by the combustion of the gas. 4) Define any agreements necessary to provide an area on the landfill property for any equipment the University may need to locate at the landfill site in order to provide beneficial use of the landfill gas energy and to allow the University access to maintain its equipment on the landfill site. 5) Other issues that the parties may identify during the negotiation. The parties agree that they will work jointly to develop and execute a detailed agreement in an expeditious manner. If the parties execute an agreement, the University will provide funding for the landfill gas collection and use system. During the period the parties are working to negotiate and execute this detailed agreement, the County will seek no other partners for collection and utilization of the landfill gas. {00011915.DOC}