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Agenda - 12-11-2008 - 3a
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Agenda - 12-11-2008 - 3a
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Last modified
11/10/2010 11:59:22 AM
Creation date
12/9/2008 2:52:44 PM
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BOCC
Date
12/11/2008
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
3a
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Minutes - 20081211
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\Board of County Commissioners\Minutes - Approved\2000's\2008
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54 <br />expiration or terlrunation of this Agreement, the Parties will enter into good faith negotiations to <br />determine the Fair Market Value of such equipment pursuant to this Paragraph 111. <br />a. The term "Fait Market Value" shall mean the value which would be <br />obtained for the equipment comprising the LFG Collection System that is <br />the subject of the University's offer for sale in am,;arm's length transaction <br />.~~.~~ <br />between an informed and willing buyer um er~no compulsion to buy, and <br />':-~~~~Y~'y,__ <br />an informed and willing seller under n" 'ompuls~on .to sell, based upon the <br />,' ` ~~ <br />use of the University's LFG Collection System as an`~'nomg enterprise in <br />its then current condition utilizing generally recognizeprofessional <br />criteria for the appraisal of industrial property used in the landfill gas <br />~~ .. <br />business. r ~~.,. <br />~~ ~r~~ <br />b. If the County and the~~ ~niv rs knot agree on a Fair Market Value for <br />the equipment comprisin~~e LFG Collection System that is the subject of <br />~x <br />the University's offer for sale within thirty (30) Days following the <br />~.~~;,~ <br />'~~fi <br />__ initiation of good faith nego cations, then such Fair Market Value shall be <br />letermined in an appraisal by an independent, qualified, <br />recognized appraiser of industrial property similar to the <br />s LFG Collection System. <br />ARTICLE VII <br />PURCHASE .AND SALE OF LFG <br />A. The University's Purchase Obligations <br />112. Subject to the terms and conditions of this Agreement, the County shall sell, and <br />the University shall accept and purchase, all of the LFG that is delivered to the Delivery Point. <br />31 <br />{00018638.DOC 16} <br />
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