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HomeMy WebLinkAboutAgenda - 04-15-2008-6aORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 15, 2008 Action Agenda Item No. ~,~g_ SUBJECT: Potential UNC Landfill Gas Project -Update and Request to Proceed DEPARTMENT: County Managers Office and PUBLIC HEARING: (Y/N) No Solid Waste Management ATTACHMENT(S): 1. Progress Report #1 - 2/19/08 2. Progress. Report #2 - 3/13/08 3. Progress Report #3 - 4/8/08 -with Preliminary Commercial Terms and Legal Terms, Proposed Project Schedule, and Proposed Project Map INFORMATION CONTACT: Gwen Harvey, Assistant County Manager, 245-2307 Gayle Wilson, Solid Waste, 968-2885 Bob Sallach, Olver, Inc. Ray Dubose, UNC Energy Services PURPOSE: To present an update from the County and UNC teams -the third and final report as specified under the Memorandum of Understanding (MQU) dated January 17, 2008 - on the development feasibility of a landfill gas to energy project on Eubanks Road to benefit Carolina North, and to request BOCC authorization to proceed towards final contract negotiations. BACI~CGROUND: On January 15, 2008, the BOCC authorized entering into an (MOU) with the University of North Carolina at Chapel Hill to ensure due diligence and anticipate effective implementation of a landfill gas recovery project. The MOU was designed to focus time and attention on the following outcomes: Energy Generation/Ultimate Use Short term gas flaring and energy generation, preferably to benefit the Carolina North development Economic Feasibility A business and financial scenario favorable to both the County and the University, ideally one that would negate the need for the University to subcontract with a third party for the generation and/or use of the landfill gas Due Diligence An obligation. by both parties to work aggressively within a 90 day window to bring forth a credible, joint plan of action -including Preliminary Commercial and Legal Terms -for the beneficial reuse of the gas by the University, pending final negotiations and review by the County Manager and County Attorney. Ultimate approval of a final contract rests with the BOCC. The BOCC previously received two (30 day) written Progress Reports as specified by the MOU. These reports were dated February 19, 2008 and March 13, 2008. An April 8, 2008 update is attached to this abstract. The County and UNC teams comprised of staff, consulting engineers, energy analysts and legal representatives held a total of five meetings which allowed them to review and discuss preliminary .data on landfill gas quantities, generation and collection estimates, equipment selections, pipe routing, constructions costs, revenue sharing concepts, and overall project economics and legal constructs. IVlajor Endings to date and recommendations for next steps from the County and UIdC teams to the BOCC are summarized below. Representatives from UIVC will be available along with County staff at the April 15 meeting to make a brief presentation and respond to any questions. In the near future, UNC and staff will also be able to provide the BOCC with a graphic presentation on the proposed physical layout and project construction plans from a planning and engineering perspective. The overall project schedule includes a period for public information and involvement for the surrounding neighborhood and community at large before a final contract is presented to the BOCC for consideration. Engineering 1. The. University intends to use the landfill gas to generate electricity to achieve carbon credits through demonstrable greenhouse gas reduction 2. Technical analysis of the landfill gas -quantity calculations, lab testing for contaminant levels, etc. -revealed no obstacles to project implementation 3. Capital costs (collection system, flare, gas compression and clean-up, pipeline, and engine-generator) are currently estimated at $5.5 million; annual operating and maintenance costs in year one (2010, projected), at $250,000 4. Construction and commissioning of the intermediate Flare- Collection System could occur - pending final BOCC contract approval and design/permit processing - by the first quarter 2010; the Power Generation Facility could be commissioned by the fourth quarter 2010 5. Flaring is an intermediate step, projected to last less than one year. Flaring allows for the earliest possible start to methane destruction and the attainment of carbon credits. Flaring provides the necessary lead time for the development and testing of the energy generation and pipeline components of the project. Flares will be enclosed (no visible flare), creating maximum opportunity for methane destruction and carbon credit value. 6. UNC anticipates demands at Carolina North will require full utilization of the landfill gas- to-energy around 2013 Attachment 1 contains copies of the three Progress Reports and provides further technical and engineering detail. Special consideration must be given to the gas recovery system co-existing with ongoing waste disposal operations. Commercial A minimum 20-year contract term is contemplated; with provisions for extension, under which the University would compensate the County through - 1. Payments based on two components - (A) Monthly, a 15 percent share based on energy generated/heating values delivered compared to an agreed upon monthly published natural gas index, with a maximum cap; and (B) Intervals to be determined, a 15 percent share based on methane destruction (carbon credits), either through flaring of the gas or its use in power production. The 15 per cent value is subject to change to 10 per cent if landfill gas quantities collected are significantly below projected levels, or the value of carbon credits does not exceed a prescribed level by 2015. 2. The County will have the right to sell its carbon credits to the University, sell in the "open market", or retain as off-sets for its own qualifying projects or conservation interests. 3. The County and UNC both recognize that the methodologies to equate the carbon equivalents -methane destruction -and convert them to monetary value are continuing to evolve. This significant aspect of final contract negotiations will. require careful attention and considerable discussion. The County will obtain specialized legal assistance in the final contract review 4. No payments would be made to the County for the heating value of the landfill gas flared, nor for methane destroyed prior to flaring 5. The University proposes to assume the full cost of capital construction and annual maintenance and operations Attachment 2 provides further detail on the preliminary commercial terms. legal 1. Transfer point of ownership of the landfill gas to be precisely defined 2. Issues of possible odor, gas, and noise migration to be examined and reconciled 3. Conditions precedent to "Go Decision" will address governmental and regulatory agency permits and approvals Attachment 3 provides further detail on the preliminary legal terms. As referenced above, the County will seek specialized legal counsel with experience in waste to energy contracts to assist in final negotiations. Special consideration must be given to maintaining compliance with existing solid waste permits. Also provided with Attachment 3 are a proposed project schedule and siting map. A complete copy of the draft report, "Landfill Gas to Energy Feasibility Study", prepared for UNC and Orange County by Richardson Smith Gardner & Associates and Affiliated Engineers 4 requisite to project implementation, may be reviewed by contacting UNC Energy Services or the County Manager's Office. FINANGIAL IMPACT: There is no financial impact associated with the discussion and potential authorization for the County and UNC to continue working towards a formal contract proposal to present for BOCC action. Revenues are currently forecast for the County should it enter into contract with the University to implement a landfill gas recovery project. More specific revenue projections will depend upon final project economics and the conclusion of contract negotiations. RECOMMENDATION(S): The Manager recommends that the Board 1. Provide any feedback and direction .as may be desired to the County and UNC teams relative to preliminary Engineering, Commercial, or Legal terms; and 2. Formally authorize the County and UNC teams to move forward in the development of a final contract to be brought back for BOCC consideration, targeting the meeting of August 19, 2008. g1~d,~J 2 THS UNIVERSITY pf NORTH CAROLINA, "~', aE CHAPI3L HILL February 19, 2008 Ms. Gwendolyn Harvey Assistant County Manager . Orange County. Post Office Box 8.181 Hillsborough, North Carolina 27278 ENERGY SERVICES DEPARTMENT gzS BRANCH STREET CAMPUS BOX r85S CHAPEL HILL, NC z7S99-r85S RAYMOND 8. DUBOSE Dirrltor 5 P 91g.g66.4roo , F 9r9.843.73z8 Raq.DaSose®energy-nnc.edu SUBTECT: 'The University of North Carolina at Chapel Hill. Memorandum of Understanding with Orange County RE: Landfill Gas Recovery Feasibility Study Dear Gwen: Transmitted herewith for your use, information and distribution to the Orange County Board of Commissioners is a status report for the subject study. Please do not hesitate to contact me.with any questions. Sincerely, Raymond E. DuBose, P.E. Director, Energy Services cc: Carolyn Elfland Philip Barner John Masson ~O tt~' cx Landfill Invesiatin Monthly Report February 11, 2008 Produced By: ~C1~Tt~` 1414 Raleigh Road, Suite 305 Chapel Hill, North Carolina (919) 419-9802 (Fax 419-9803) ®c~*~t~ `O~4 i II i cati`~;~ Table of Contents Meeting Notes 1/17/2008 ...........................................................................................................3-4 Meeting Notes 2J4/2008 ................................................ .............................................................5-6 7 Landfill Gas Sample Ptan .............................................. ................................................................ 8 Options Site Plan .............................................:............ ................................................................ Afifiliafi Erogineet~ 1414 Raleigh Road, Suite 305 Chape! Hill, North Carolina (919) 419-98D2 (Fax 419-9803) UNC -Altematnre Energy Analysis Landfill Gas Investigation Pmjeci University of North Carolina- Chapel Hill nn~~t~n9 Notes 08029-00 Piojed Nn. 01!17/2008 p~y~f Meeting Date Project Flick-off Meeting Page 1 of 2 las Type of Meeting Page Typi~ PresentlRepresenting: Gwen Harvey Orange County gharveyta~co.orange.nc.us Gayle Wilson Orange County gwilson[cDco.oranae.nc.us Paul Spire ~ Orange County psp'ire(a~co.oranae.nc.us Michael Meagher Orange County mmeagherCa~co.orange.nc.us Bab Sallach Olver, Inc. rsallachla~olver.com John Masson UNC-CH Facilities Planning Jmasson(a~fac.unc.edu Ray DuBose UNC-CH Energy Services ray.duboseCa7energy.unc.edu Phil Bamer ~ UNC-CH Energy Services ohilio.bamerCa~energy.unc.edu Matt Lamb Richardson Smith Gardner matt(cr~rsgengineers.com Jeny Schuett Affiliated Engineers jschuett _aeiena.com The meeting was held at UNC-CH to discuss the start of the landfill gas analysis effort and review the 90 day schedule. The following items were discussed: 1. Introductions for all the team members and their roles were discussed. The following was established: a. John Masson will be the primary contact and project manager for UNC. .. b. Mike Meagher will be the prime contact for .technical information and site visits required at the landfill. The team can correspond directly with Mike, but should copy Gayle and Bob Sallach on all requests for information. 2. The initial feasibility study includes taking samples at the landfi(I for gas quality and presence of contaminants. These samples will be taken in the next few weeks and lab analysis will follow. 3. RSG will be using landfill records to develop the gas quantify estimates. Standard EPA modeling will be used. a. Olver, Inc. has prepared some very preliminary numbers for estimated gas available. These preliminary estimates to be sent to RSG for review. b. Orange County to provide landfill records for RSG use. 4. The leachate is currently pumped and hauled form the site. Orange County is in the process of installing a system that has a direct connection to OWASA sewer. The equipment will be located on the south side. a. It would be desirable to bring all gas to a central location for clean-up. t . ~:_. ML'@t111g ~Ot@S 1414 Raleigh Road, Suite 305 Chapel Hill, North Carolina (919) 419-9802 (Fax 419-9803) UNC - Altemattve Energy Analysis Landfill Gas Investigation ~~ University of North Carolina- Chapel Hill Owner Project IGck-off Meeting Type of Heating 08029-00 Pmjeci No. 01/17/2008 Meeting Date Page 2 of 2 ias Page Typist b. The new landfill °clean-up° system required for this project should be able to use this same discharge connection. Based on that, it would make sense to have this equipment on the south side. 5. Orange County would prefer that a shielded, enclosed flare be used and included in the analysis. Although this is a more expensive option, it provides a shielded flame that is not visible from remote locations. 6. The three options under consideration were reviewed. The three options are: a. Power only•at Duke Energy Substation site on Homestead b. CHP (Combined Heat and Power) at Carolina North site c. Gas use (fBD) at existing Cogen site 7. The pipe routing form the landfill to Carolina North or the Cogen Plant was discussed. AEI noted that the railroad corridor is the most direct route for any of the options, but dialog with the railroad needs to take place to confirm the possibility and restrictions. UNC to investigate the potential of these discussions. 8. Orange County to provide current electrical rates and available capacity for service at the landfill. Orange County noted they had 3-phase service available at the planned leachate treatment pond. 9. The ownership and operation of the flare system was discussed. Although it is planned that the flare would only be used in events where all the gas can not be consumed, it seemed to make most sense for Orange County to have control of flare operation. 10. It was noted that cost for capping/closure of the South landfill would need to be incurred. This closure is currently planned for 2012. 11. The next meeting is scheduled for February 4th at 1:30 pm. These minutes represent our best understanding of the discussions held and decisions reached at the meeting. Please advise the writer of any errors or omissions of substance. Affiliated Engineers Jerry A. Schuett, P.E. PrincipaUProject Manger to ,'. _, • 1414 Raleigh Road, Sure 305 Chapel Hill, North Carolina (919) 419-9802 (Fax 419-9803) UNC - Alternative Energy Analysis Landfill Gas Investigation Project University of North Carolina- Chapel Hill Owner Progress Review Meeting Type of Meeting Present/Representing: Gwen Harvey Gayle Wilson Michael Meagher Bob Sallach John Masson Ray DuBose Phil Bamer Matt Lamb (Partial via phone) Jerry Schuett Orange County Orange County Orange County Olver, Inc. UNC-CH Facilities Planning UNGCH Energy Services UNGCH Energy Services Richardson Smith Gardner Affiliated Engineers Meet~n' Notes 08029-00 Project No. 02/04/2008 Mee6rg Date Page 1 of 2 ias page Typist gharveyja~co.oranoe.nc.us gwilson _co.orange.nc.us mmeagher(caco.oranae.nc.us rsallach ~olver.com JmassonCa~fac.unc.edu ray.dubose(a~energy. unc.edu philio.bamerC~energy. unc.edu ma~rsgengineers.corn jschuett ~,aeieng.com The meeting was held at UNGCH to discuss the progress to date on the landfill gas analysis effort. The following items were discussed: 1. The progress to date includes: a. Obtaining and reviewing the landfill records. b. Obtaining gas samples and sending to lab for testing. Results are expected in about 2 weeks. The initial readings indicated methane quantities ranging from 58% to 62%, which is good. See attached map for graphics and preliminary sampling data. c. Gas generation estimates have been started. Using Lo = 100 and a collection efficiency of 85% for the North site and 75% for the South site, there is approximately 420 CFM of gas available at the peak in 2011 to 2012. This quantity will remain above 310 CFM for at least 10 years and should be able to produce between 0.75 and 1.0 Megawatt of power. d. Preliminary pipe sizing and equipment selection/pricing for Prime Movers has begun. e. Current electrical and gas demands at Carolina North (existing Facilities Services buildings) have been quantified and season usage curves have been developed. 2. Based on the preliminary data, it is estimated an 8" to 12" gas main will be required ftom the landfill site to the point of use at UNC. Routing paths and costs are being investigated. 3. Based on the preliminary gas estimates and current loads at Carolina North, it appears that a power generation capacity of 0.75 Megawatts should be considered. There is sufficient load to -utilize approximately 80% of the potential power generation (750 Kw) available in Year 1 (likely 2010), with this growing to 100% by Year 5 (2015) as new buildings develop at Garolina North. . ..~ 1414 Raleigh Road, Suite 305 Chapel Hill, North Carolina (919) 419-9802 (Fax 419-9803) UNC - Alternative Energy Analysis Landfill Gas Investigation Project University of North Carolina- Chapel Hill Owner Progress Review Meeting Type or Meeting IUleeting Notes 08029-00 Project No. 02/04/2008 Meeting Date Page 2 of 2 ias Page Typist 4. UNC will set up a meeting with the~Cogen personnel to discuss use of the landfill gas at the Cogen site. Although this has the longest pipe 'run, it is a' location where the LFG can be fully utilized immediately to offset coal consumption in the boilers. 5. RSG will investigate other sources of income for the project. The follawing were discussed: a. Grants- KEPI program (Renewable Energy production Incentive). This is a federal program that may possibly offer some grant money for the project. b. Golden Leaf Fouridation -not likely as this is typically tied to job creation. c. It was decided that a special appropriation from the State Legislature is not likely for this project, based on UNC's experience with the OWASA reclaimed water system. 6. The final Agreement was discussed in general. It was decided that the Agreement would need to define the following items: a. Ownership and operation of equipment at landfill site (Flare, clean-up equipment, compressors, etc.) b. Access and easements at landfill site c. Who is responsible for purchase and installation of the gas collection and flare system at the landfill? d. Permitting responsibilities e. Timeline for implementation f. Who retains carbon credits and how are they valued? 7. The next meeting is scheduled for February 21st at 10:30 am. These minutes represent our best understanding of the discussions held and decisions reached at .the meeting. Please advise the writer of any errors or omissions of substance. Affiliated Engineers Jerry A. Schuett, P.E. Principal/Project Manger i~ .o Q m .N m Q 0 0 U 0 ~, E QQd~~ psi{ ~arXjp N ~~~~~~ ~~._ ~ d x Tu ^~ ~~~ ~~. ILL I ~~ AJ}~,I,~~fi2 r°~ THE UNIVERSITY ~~ of NORTH CAROLINA at CHAPEL HILL March 13, 2008 Ms. Gwendolyn Harvey Assistant County Manager Orange County Post Office Box 8181 Hillsborough, North Carolina 27278 ~~ P 919.966.4100 F 919.843.7328 Ray.DuBoseQa energy.unc.edu k,~^ -~ ' j~ i4~ d MAR ~ 7 2008 ~ ~ ~~ SUBJECT: The University of North Carolina at Chapel Hill Memorandum of Understanding with Orange County RE: Landfill Gas Recovery Feasibility Study - Monthly Report #2 Dear Gwen: Transmitted herewith for your use, information and distribution to the Orange County Board of Commissioners is a status report for the subject study. Please do not hesitate to contact me with any questions. Sincerely, ~~ Raymond E. DuBose, P.E. Director, Energy Services ENERGY SERVICES DEPARTMENT gas BRANCH STREET CAMPUS BOX 1855 CHAPEL HILL, NC 27599-1855 RAYMOND fi. DUBOSE Director cc: Carolyn Elfland Philip Barner John Masson 15 o "~~ ~~ ~~ .-~ ~~ ~\ ftt', f t'`ll Landfill as Investigate®n Monthly Report March 13, 2008 Produced By: o e~~ffi[ia~~d En~ln~~rs~. 1414 Raleigh Road, Suite 305 Chapel Hill, North Carolina (919)419-9802 .(Fax 419-9803) ~~*a$` ~ `~°4a II a ~ ~~ )JvY Q ~'r~h 6aM~`o i~ Table of Contents Meeting Notes 2/21/2008 ..............:............................................................................................3-4 Meeting Notes 2/26/2008 ...........................................................................................................5-6 Meeting Notes 3/11/2008 ..............................................................................................................7 ,,~~ ~1 AfFiliated f./?'1 ~ 0 Engineers i~ ~ ~ ~~~~~ ~~ ,Iii 1414 Raleigh Road, Suite 305 Chapel Hill, North Carolina (919) 419-9802 (Fax 419-9803) UNC -Alternative Energy Analysis Landfill Gas Investigation Project University of North Carolina- Chapel Hill Owner Progress Review Meeting Type of Meeting IVleeting (Votes 0$029-00 Project No. 02/21 /2008 Meeting Date Page 1 of 2 Jas Page Typist Present/Representing: Gayle Wilson Michael Meagher Bob Sallach John Masson Ray DuBose Phil Barner Matt Lamb Jerry Schuett Orange County Orange County Olver, Inc. UNC-CH Facilities Planning UNC-CH Energy Services UNC-CH Energy Services Richardson Smith Gardner Affiliated Engineers gwilson co.oranae.nc.us mmeacther(a~co.orange.nc.us rsallach(c~olver.com Jmasson(c~fac.unc.edu rav.dubose(a~energy.unc.edta philip.barnert7energy.unc.edu matt(cr~.rsgengineers.com jschuett(a7aeieng.com The meeting was held at UNC-CH to discuss the progress to date on the landfill gas analysis effort. The following items were discussed: 1. The progress to date includes: a. The gas quantities have been calculated based on landfill records. b. Lab results ~ of gas samples have been received. No major issues identified- the contaminant levels looked very low. No siloxane or sulfur treatment will be required. A copy of the results is attached to these notes. c. The cost models have been advanced. d. Preliminary pipe sizing and equipment selection/pricing for Prime Movers has been completed. 2. Based on the preliminary data, it is estimated an 8" to 12" gas main will be required from the landfill site to the point of use at UNC. Routing paths and costs are still being investigated. 3. The preliminary analysis is based on a Cat engine with an output rating of 815 Kvv. 4. A preliminary economic analysis was distributed showing capital costs and yearly O&M costs. The analysis showed that Options 1 and 3 are the most attractive since there is limited thermal load available for Option 2 at this time. 5. It was agreed that some type of carbon reduction verification needs to be included for all options. For this to be certified, an annual cost of about $20k is expected. This needs to be included in the economic model (g ~f~Ci , Meeting Notes 1414 Raleigh Road, Suite 305 Chapel Hill, North Carolina (919) 419-9802 (Fax 419-9803) UNC -Alternative Energy Analysis Landfill Gas Investigation 08029-00 Project Project No. University of North Carolina- Chapel Hill 02/21/2008 Owner Meeting Date Progress Review Meeting Page 2 of 2 jas Type of Meeting Page Typist 6. RSG will investigate other sources of income for the project. The following were discussed: a. Grants- REPI program (Renewable Energy production Incentive). This is a federal program that may possibly offer some grant money for the project. b. Golden Leaf Foundation -not likely as this is typically tied to job creation. 7. RSG distributed a sample agreement form a landfill project they are currently working on. Bob Sallach to investigate and provide similar samples from their work. 8. The next meeting is scheduled for February 26th at 3:30 pm to begin discussions on the economic evaluation and final Agreement. These minutes represent our best understanding of the discussions held and decisions reached at the meeting. Please advise the writer of any errors or omissions of substance. Affiliated Engineers Jerry A. Schuett, P.E. Principal/Project Manger i~ na yte mts V-44 -26 P-1 -2 -1 AVERAGE Total Reduced Sulfur Compounds -ASTM iJ5504 Hydrogen Sulfide ppmv ND ND ND ND ND Carbonyl Sulfide ppmv ND ND ND ND ND Ethyl Mercaptan ppmv ND ND ND ND ND Methyl Mercaptan ppmv ND ND ND ND ND Carbpm Disulfide ppmv ND ND 0.87 ND ND Dimethyl Sulfide ppmv ND ND 2.8 0.87 3.4 Dimethyl Disulfide ppmv ND ND 80 ND 2.3 Total Reduced Sulfur ppmv ND ND 84 1 6 (Natural Gas Analysis -ASTM D1945 Methane %v/v 60 59 60 57 57 Carbon Dioxide %v/v 38 40 40 41 40 Total Compounds %v v 98 99 100 98 97 (Volatile Compounds -EPA Method TO-14IT0-15 Dichlorodifluoromethane ppbv 1600 14.00 150 580 ND Chloromethane ppbv ND ND ND ND 280 1',2-Ci-1,1,2,2-F-Ethane ppbv ND ND ND ND 150 Vinyl Chloride ppbv 3500 1500 430 2000 1,500 Chloroethane ppbv 340 790 230 200 850 Trichlorofluoromethane ppbv ND ND ND ND 110 Acetone ppbv 9,300 2,000 4,000 ND 2,100 Methylene Chloride ppbv 850 140 990 .410 3,700 1,1-Dichloroethane ppbv 140 150 140 ND 1,400 c-1,2 Dichloroethane ppbv 5,100 1,900 ND 2,000 430 2-Butanone ppbv 5,800 2,700 4,800 780 5,100 t-Butyl Methyl Ether ppbv ND 180 ND ND 300 1,1,1-Trichloroethane ND ND ND ND 400 Benzene ppbv 450 440. ND' 780 750 1,2-Dichloroethane . ppbv ND ND ND 83 ND Trichloroethene ppbv 410 130 670 410 390 4-Methyl-2-Pentanone ppbv ND ND 620 ND ND Toluene ppbv 19,000 18,000 16,000 8,900 12,000 Tetrachloroethene ppbv 920 340 ND. 730 1,200 Ethylbenzene ppbv 2,800 2,700 4,400 670 2,200 p&m-Xylene ppbv 5,400 5,100 11,000 1,200 5,300 o-Xylene ppbv 1,600 1,400 2,000 410 1,500 Styrene ppbv 500 380 340 330 460 4-Ethyl Toluene ppbv 590 590 ND 250 .490 1,3,5-Trimethylbenzene ppbv 250 ND ND 190 ND 1,2,4-Trimethylbenzene ppbv 500 470 ND 210 270 Total Halogenated Vofatiles ppbv 12,860 6,350 2,610 6,413 10,260 Total Vofatiles ppbv 59,050 40,310 45,770 20,133 40,880 #D!V/0! #DIV/0! #DIV/0! #DIV/0! 1 2 41 30 #DlV/0! 59 40 98 #DIV/0! 933 280 150 1,786 482 110 4,350 1,,218 458 2,358 3,836 240 400 605 83 402 620 14,780 798 2,554 5;600 1,382 ' 402 480 220 363 7,699 41,229 #DIV/0! 2,800 560 ~b 1414 Raleigh Road, Suite 305 Chapel Hill, North Carolina (919) 419-9802 (Fax 419-9803) Meeting Notes UNC -Alternative Energy Analysis Landfill Gas Investigation Project University of North Carolina- Chapel Hill Owner Preliminary Economic Review Type of Meeting 08029-00 Project No. 02/26/2008 Meeting Date Page 1 of 2 ias Page Typist Present/Representing: Gwen Harvey Gayle Wilson Michael Meagher Paul Spire Bob Sallach John Masson Ray DuBose Phil Barner William Tricomi Nick Travis Jerry Schuett Orange County Orange County Orange County Orange County Olver, Inc. UNC-CH Facilities Planning UNC-CH Energy Services UNC-CH Energy Services UNC Energy Strategies Affiliated Engineers gharve r~a,co.orange.nc.us gwilson .co.oranae.nc.us mmeaaher@co.oranae.nc.us ospire(c~co.orange.nc.us rsallach(a~olver.com Jmasson(a~fac.unc.edu rav.dubose(7a energy.unc.edu philip.barner(p~eneray.unc.edu will tricomi(c~unc.edu ntravis energystrat.com jschuett(a~aeienq.com The meeting was held at UNC-CH to discuss some preliminary revenue sharing concepts for the Landfill Gas project. The following items were discussed: 1. A number of "guiding principles" were suggested for an Agreement. These, principles are: a. Simplicity and transparency in implementation b. Afford upside to County while mitigating financial risk to UNC c. Modest preferred distribution to County d. Priority recovery of O&M expenses e. Priority recovery of capital investment f. Equitable sharing of available surplus g. Maximize cost effective capture of carbon credits by UNC while affording modest participation in carbon credits by County 2. A preliminary revenue stream calculation was distributed. This is based on preliminary. information and needs refinement as the analysis is completed. 3. The revenue calculation can be done a number of ways. The following methods were discussed: a. Use LFG to avoid NG purchases (This method does not really reflect any of the options under consideration at this time) b. Use LFG to avoid coal purchases (This method applies to Option 3) c. Use LFG to avoid electrical purchases (This method applies to Option 1) d. Use LFG to generate carbon credits only -flare only (Done for baseline comparison) 4. The results of the revenue analysis indicated that about 50% of the revenue stream is in the form of carbon credits and 50% is in the form of the value of the fuel (coal or power purchase offsets). a~ ` ~ ~ i~.~~ 1414 Raleigh Road, Suite 305 Chapel Hill, North Carolina (919)419-9802 (Fax 419-9803) ~neet~ng rotes UNC -Alternative Energy Analysis Landfill Gas Investigation 08029-00 Project Project No. University of North Carolina- Chapel Hill 02/26/2008 Owner Preliminary Economic Review Type of Meeting Meeting Date Page 2 of 2 ias Page Typist 5. The total revue is approximately $12,000,000 over a 30 year project life, but is highly dependent on the value of carbon credits. a. The carbon credits generated by the project are as follows: 1. Methane destruction (about 80% of the total) 2. Direct biogenic C02 emission reductions b. The carbon credits were valued at $3.50/tonne until a cap and trade market was assumed to begin in 2012. At that time, the price was assumed to be $15.00/tonne and was then increased by the rate of inflation for subsequent years. 6. Avery preliminary proforma was presented and suggested as a starting point for negotiation. This proforma used the guiding principals noted above to equally share the revenue over the course of the project. The hierarchy of revenue distribution was as follows, based on the assumption that UNC provided the funding for the capital costs: a. Pay O&M costs b. Provide a "preferential" distribution to the County of approximately 10% of the annual revenue until all capital is recovered c. Recover capital investment d. Once all capital is recovered, distribute revenue to achieve a similar NPV for both the County and UNC 7. The preliminary proforma resulted in a NPV of about $2,500,000 to each entity over the life of the project. A copy of the information distributed at the meeting is attached to these notes. 8. The next meeting is scheduled for March 11th at 3:00 pm to continue dialog on the economic evaluation and final Agreement. The following action items are to be completed in the interim: a. Review proforma and guiding principles and generate comments/concerns b. Review similar landfill gas agreements and start an agreement for this project These minutes represent our best understanding of the discussions held and decisions reached at the meeting. Please advise the writer of any errors or omissions of substance. Affiliated Engineers Jerry A. Schuett, P.E. Principal/Project Manger as r ~~ ~ [~ ~f~C ~ ~~ 1414 Raleigh Road, Suite 305 Chapel Hill, North Carolina (919)419-9802 (Fax 419-9803) IVleeting Notes UNC -Alternative Energy Analysis Landfill Gas Investigation Project University of North Carolina- Chapel Hill 08029-00 Project No. 03/11 /2008 Owner Meeting Date Review Meeting No. 4 Page 1 of 2 jas Type of Meeting Page Typist Present/Representing: Gwen Harvey Gayle Wilson Michael Meagher Brain Ferrell Bob Sallach John Masson Ray DuBose Phil Barner William Tricomi Matt Lamb Nick Travis (via phone) Jerry Schuett Orange County Orange County Orange County Orange County Olver, Inc. UNC-CH Facilities Planning UNC-CH Energy Services UNC-CH Energy Services UNC Richardson Smith Gardner Energy Strategies Affiliated Engineers aharvey a(~.co.oranae.nc.us gwilson~co.orange.nc.us mmeagher a~co.orange.nc.us ~~~ rsallach~a olver.com JmassonCa~fac.unc.edu ray.duboset'a~eneray.unc.edu philip.barner(a~energy.unc.edu will tricomi(a~unc.edta matt rsaengineers.com ntravis(a~energystrat.com jschuett(a~aeieng.com The meeting was held at UNC-CH to discuss some progress to date and the preliminary economic "straw man" for the Landfill Gas project. The following items were discussed: 1. A preliminary report has. been issued to UNC for review. A final review copy for Orange County's viewing will be available in the next few weeks. 2. No comments were made on the notes from the last several meetings. 3. Option 1- Power generation at Homestead site is being considered the most viable option, since confirmation of pipe routing to the cogen plant has not been confirmed as viable. Therefore, the revenue stream on the project will be avoided electrical purchase and any value of carbon. 4. It was noted again that the project will not be viable based solely on the value of the fuel content of the LFG. Some value on carbon credits must be established to make it viable. 5. The economic "straw man" presented by Energy Strategies on February 26th was based on an equitable split of all revenues on the project after debt was retired and O&M costs were covered. Orange County received an early preferential distribution to allow some cash flow to them before the debt was retired. 6. AEI/UNC asked for response from Orange County on the preliminary economic "straw man" distributed on February 26th. The following comments were made: ~3 ~~ LEI ~Ci ~i.~~~°4 1414 Raleigh Road, Suite 305 Chapel Hill, North Carolina (919) 419-9802 (Fax 419-9803) UNC -Alternative Energy Analysis Landfill Gas Investigation Project University of North Carolina- Chapel Hill Owner Review Meeting No. 4 Type of Meeting n~eet~ng totes 08029-00 Project No. 03/11 /2008 Meeting Date Page 2 of 2 ias Page Typist a. Orange County has no immediate need for carbon .offsets/credits so in the short term they would they would like to sell the credits. b. A discussion on the verification of the credits took place. If credits are to be sold on any type of future carbon market, additional verification and validation steps will be necessary. Since UNC does not plan on selling their credits, this level of validation would not be necessary for them. c. Orange County would like to see a more simplified version of the commercial terms of the Agreement that may provide some compensation for the fuel value of .the gas plus some minimum level of payment for carbon credits. 7. It was noted that if the carbon credits are to be verified and validated for sale on the open market, some reductions to the value in the economic analysis would need to be made. These would include: a. Any current flaring operations b. Any degradation of methane inherent in the current landfill configuration Since most of the credits would not be sold, it seems logical to use the quantities agreed upon by RSG and Olver, Inc. The economic model will be updated to reflect these quantities for methane destruction. 8. The project schedule was discussed briefly. It was noted that the LFG collection and flaring system could be operational by July 2009 and the beneficial use of the LFG for power production could be operational by July 2010. The economic model will be updated to reflect this. 9. Olver, Inc. had committed to sending some examples of -LFG agreements to UNC for review. These have not been received, but the commitment was made again to send these. 10. The next meeting is scheduled for March 25th at 10:30 am to continue dialog on the economic evaluation and final Agreement. The following action items are to be completed in the interim: a. Final review copy of RSG study will be available for distribution to UNC b. Some additional options for the commercial terms will be available c. An outline of the legal issues for the Agreement will be pulled together These minutes represent our best understanding of the discussions held and decisions reached at the meeting. Please advise the writer of any errors or omissions of substance. Affiliated Engineers Jerry A. Schuett, P.E. Principal/Project Manger Y Q.'. ~4`.~iu.. `4 ~~ r,~R ~ }rt i.Nk7.t/~~~*•v~ i R~~,.~F 3 Landfill Gas Investigation Monthly Report April 8, 2008 Produced By: ;® Aff~lla~ted ;~ ~ing~neeirs~> 1414 Raleigh Road, Suite 305 Chapel Hill, North Carolina (919) 419-9802 (Fax 419-9803) ~tt~¢c, tpb4 s II 52~ io« rff ~~~ a ~- a~ Table of Contents Meeting Notes 03/25/2008, 04/01/04 and 04/08/08 ...................................................................3-5 Commercial Terms Draft ............................................................................................................6-9 Preliminary Term Sheet .........................................................................................................10-13 Preliminary Project Schedule ......................................................................................................14 Project Location Map ..................................................................................................................15 Affiliated. r~^' Engineers Page 2 of 15 a~ ~Ai#ilied Engin±~rs~. 1414 Raleigh Road, Suite 305 Chapel Hill, North Carolina (919) 419-9802 (Fax 419-9803) iVleeting Notes UNC -Alternative Energy Analysis Landfill Gas Investigation 08029-00 Project Project No. University of North Carolina- Chapel Hill 3/25, 4/1 and 04/08/2008 Owner Review Meeting No. 5, 6 and 7 Type of Meeting Meeting Date Page 1 of 3 ias Page Typist Present/Representing: Gwen Harvey Gayle Wilson Michael Meagher Paul Spire Brain Ferrell Bob Sallach John Masson Ray DuBose William Tricomi Pat Crawford (Partial- via phone) Matt Lamb Nick Travis (via phone) Jerry Schuett Orange County Orange County Orange County Orange County Orange County Olver, Inc. UNC-CH Facilities Planning UNC-CH Energy Services UNC UNC Richardson Smith Gardner Energy Strategies AfFliated Engineers harvevCa7co.oranae.nc.us awilson co.orange.nc.us mmeagher(c~co.orange.nc.us pspireCa~co.orange.nc.us bferrel I .ca hp-I aw. co m rsallach[cr)olver.com JmassonCa~fac.unc.edu ray. d u boseCa~ e n e ray. u n c. ed u will tricomiCa7unc.edu pat crawfordCa~unc.edu matt rsgenaineers.com ntravisCc~energystrat.com Lchuett(c~aeiena.com The meeting was held at UNC-CH to discuss some progress to date and the path forward for the Landfill Gas project. The following items were discussed: 1. A draft copy of the landfill gas feasibility study has been completed by RSG and was distributed to the County for review. Note that the capital costs have been updated to reflect a greater level on instrumentation on the equipment at the landfill and the pipeline cost have been updated to reflect a more circuitous routing path along DOT highways. 2. The economic model was reviewed. It was noted that four major risks impact the project. These are: a. Over estimation of MFG quantity b. Failure of a carbon compliance market to be established c. Spikes in NG pricing d. Overrun of estimated capital costs 3. The most recent model was run with the following assumptions: a. LFG quantity matches estimates in feasibility study . b. Carbon compliance market starts in 2012 and carbon credit price is per Nicholas Institute projections Page 3 of 15 a-~ Ong n+e 1414 Raleigh Road, Suite 305 Chapel Hill, North Carolina (919) 419-9802 (Fax 419-9803) IVleeting Notes UNC -Alternative Energy Analysis Landfill Gas Investigation Project University of North Carolina- Chapel Hill Ownar Review Meeting No. 5, 6 and 7 Type of Meeting 08029-00 Project No. 3/25, 4/1 and 04/08/2008 Meeting Date Page 2 of 3 jas Page Typist c. NG pricing is per NYMEX futures market, current pricing d. 10% contingency added to capital costs The results indicate positive cash flow for both parties over 20 years, with about 2.1 million NPV to County and $1.15 million NPV to UNC. The results change significantly as each risk factor is assumed to be at its worst case condition. In all those cases, the County NPV deceases slightly (except for high price of NG, in which case it increases, and capital cost overruns are encountered, in which case there is no change. In all cases, the UNC distribution decreases significantly. 4. To mitigate the risks; UNC suggested some language in the commercial terms to reduce the distribution to the County to 10% in the event of no compliance market for carbon or less than estimated LFG quantities are collected. Also, a cap on NG prices was included. No specific measures for capital cost overruns were noted, but UNC would like to have some method of mitigating risk in this area. 5. A written document of the proposed commercial terms was distributed to Orange County and is included in the monthly progress report. Comments were requested prior to next week's meeting. This document is attached and will continue to be discussed and modified as we move toward a final agreement. 6. The legal terms are continuing to be advanced in the form of a preliminary term sheet. Will Tricomi will forward the latest version for inclusion in the~final 30 day report going to the County next week. 7. A preliminary project schedule was distributed and discussed. The following comments were made: a. The approval process for Orange County is too short. We should have the following items: 1. April 15~' -approval from County Commissioners to continue negotiations and finalize and Agreement with UNC 2. Sometime thereafter, prepare a detailed presentation to County Commissioners on the proposed project scope at either the joint planning meeting (JPA) with the Town of Chapel Hill or at one of the regularly scheduled County meetings 3. Late August 2008 - Final Agreement is prepared and issued to County Commissioners and UNC for approval b. A copy of an updated schedule is included in the progress meeting. 8. It was agreed that the option of locating the power.generation equipment at the landfill site would be left open as a possibility. This would help mitigate the initial capital cost and may simplify permitting issues. Page 4 of 15 ~8 ~fil;l . . l r~ir~. 1414 Raleigh Road, Suite 305 Chapel Hill, North Carolina (919) 419-9802 (Fax 419-9803) Meeting Notes UNC -Alternative Energy Analysis Landfill Gas Investigation Project University of North Carolina- Chapel Hill Owner Review Meeting No. 5, 6 and 7 Type of Meeting 08029-00 Project No. 3/25, 4/1 and 04/08/2008 Meeting Date Page 3 of 3 jas Page Typist 9. The final documentation to the Orange County Board of Commissioners was discussed and comments from UNC were passed on to the County. 10. The next meeting will be scheduled for the week of April 21St after the Orange County Commissioners Meeting on April 15th to continue dialog on the project. These minutes represent our best understanding of the discussions held and decisions reached at the meeting. Please advise the writer of any errors or omissions of substance. Affiliated Engineers Jerry A. Schuett, P.E. Principal/Project Manger Page 5 of 15 ~~ Commercial Terms 1.1 Payments to the County A. The University of North Carolina at Chapel Hill (the "University") shall make payments to Orange County based on the heating content and use of landfill gas (LFG) collected. The payments shall have two components, one related to the energy content of the LFG, the other resulting from the destruction of methane and associated reduction in greenhouse gas (GHG) emissions. 1. Energy Component a. The University will make monthly cash payments to the County for the useful energy content of the LFG delivered to the University in the preceding calendar month. The payments shall be based on the total measured heating value of the gas transmitted to the University to produce power and/or thermal energy. No payment will be made for the heating value of LFG that is flared. b. The LFG shall be deemed delivered to the University at the point it enters the pipeline for transport to the University facilities where it will be used to produce power and/or thermal energy. c. The heating value of the delivered LFG will be based on its measured methane content. The methane content of the gas will be continuously monitored and the resulting heating value will be measured in British Thermal Units per Standard Cubic Foot (Btu/scf). The total gas flow delivered to campus will be measured, recorded, and totalized on an hourly, daily and monthly basis. The total monthly heating value of the gas will be calculated from the totalized flow and heating value measured and will be expressed in millions of Btu's higher heating value (wlMBtu HH~, d. For any month, the purchase price for the delivered gas will be calculated as fifteen percent (15%) of the MMBtu HIIV (Allocated Energy Content) delivered multiplied by a dollar amount per NIMBtu HHV ("Btu Equivalent Gas Price"). e. The Btu Equivalent Gas Price shall be determined monthly in advance as the IFERC Transco Zone 3 settlement price. IFERC Transco Zone 3 is a monthly published index price for the Transco Zone 3 pricing point. The index is published in "Platts Inside FERC Gas Market Report" published by the McGraw Hill Companies. The dollar amount per NIlVIBtu this determined shall be referred to as the Delivered LFG Price. f. Sample calculations of the monthly payment for the energy component of delivered LFG are provided below. (To be provided.) Confidential Preliminary Draft for Discussion Only Attorney Client Privileged March 31, 2008 Page 6 of 15 3~ 2. Methane Destruction Component a. The methane destruction component of the payment to the County will be based on the total quantity of methane destroyed and the method of destruction, either through the flaring of the gas or its use in the production of power and/or thermal energy. b. There shall be no payment for methane destruction prior to the time that gas will be flared and the methane destroyed. c. The methane content of the gas delivered to the flare and to the University will be separately and continuously monitored. The total methane flows delivered to the flare and campus will be measured, recorded, and totalized on an hourly, daily and monthly basis. d. The total amount metric tonnes of carbon equivalents (MTCO2e) for methane destruction will be calculated for each month as the sum of the MTCOze for gas delivered to the flare and to the University as follows: 1). For gas delivered to the University: MTCOZe =Collected LFG Delivered to the Pipeline (in cubic feet) multiplied by % by Volume Methane Concentration divided by 35.31 cubic feet per cubic meter multiplied by the Density of Methane (0.000667 metric tonnes per cubic meter) multiplied by the Global Warming Potential of Methane (GWP) as determined by the Intergovernmental Panel on Climate Change (IPCC). 2). For g_as delivered to the Flare: MTCOZe =Collected LFG Delivered to the Flare (in cubic feet) multiplied by % by Volume Methane Concentration divided by 35.31 cubic feet per cubic meter multiplied by the Density of Methane (0.000667 metric tonnes per cubic meter) multiplied by an Adjusted Global Warming Potential for Methane (Adjusted GWP) where Adjusted GWP is equal to Global Warming Potential of Methane (GWP) as determined by the Intergovernmental Panel on Climate Change (IPCC) less a factor to account for the CO2 that is released when the methane is flared. The GWP shall initially be 21 and the Adjusted GWP shall be 18.25. The University and County understand that the methodologies used to calculate carbon equivalents are evolving. Accordingly, the University may adjust the methodologies provided in paragraphs A.2.d.1 and A.2.d.2 above to reflect changes in methodologies commonly applied or required under federal or state regulation. (Example to be provided.) Confidential Preliminary Draft for Discussion Only Attorney Client Privileged March 31, 2008 Page 7 of 15 ~i e. The University will allocate fifteen percent (15%) of total MTCOZe thus calculated to the County (Allocated Carbon Credits). 3. Management of the County's Allocated Carbon Credits a. Initially, the County has determined to sell its Allocated Carbon Credits. The University may wish to acquire the County's Allocated ' Carbon Credits, but cannot assure the County that a sale to the University will always be possible, or that it will result in the highest value to the County. b. To assist the County to sell its Allocated Carbon Credits, the University will employ a third party to implement a program that will enable the Allocated Carbon Credits to be sold. The University will identify at least two candidates to serve as the third party (Carbon Credit Advisor). The University shall review the candidates with the County and shall then select the Carbon Credit Advisor. The University may replace the Carbon Credit Advisor at any time by repeating the selection process. c. The Carbon Credit Advisor shall implement a program to enable the sale of the Allocated Carbon Cl•edits. The Carbon Credit Advisor shall review with the County and University alternative approaches to selling the Allocated Carbon Credits. The University shall select the approach to be implemented with input from the County. d. The Carbon Credit Advisor shall estimate the market value of the Allocated Carbon Credits under the selected approach at time intervals consistent with the approach adopted. The market value shall be defined as the estimated proceeds from the sale of the Allocated Carbon Credits in the then current carbon marketplace net of all associated transaction costs. e. The University shall have first right of first refusal to retain title to the Allocated Carbon Credits by paying the County the estimated market value. f. If the University elects not to retain title to the Allocated Carbon Credits, it shall advise the County. The County may elect to receive title to the Allocated Carbon Credits, or authorize that the Allocated Carbon Credits be sold by the Carbon Credit Advisor. If the County does not provide guidance in writing as to the disposition, the Allocated Carbon Credits shall be sold. g. If the Allocated Carbon Credits are sold, an amount equal to the net proceeds received by the University from their sale shall be disbursed to the County within 30 days of receipt of sale proceeds. h. The University will work with the Carbon Credit Advisor to implement a program that results in a fair market value for the Allocated Carbon Credits. However, the County and University recognize that the value of the Allocated Carbon Credits to the County may not be optimized under this program. Accordingly, the County may at any. time, with Confidential Preliminary Draft for Discussion Only Attorney Client Privileged March 31, 2008 Page 8 of 15 3a reasonable notice, elect to request that the University discontinue the Carbon Credit Advisor program. Upon termination of the Carbon Credit Advisor program, the County shall thereafter receive title to the Allocated Carbon Credits for disposition at their sole discretion. The regulations, policies and procedures governing reductions in greenhouse gas (GHG) emissions and associated markets for carbon credits are evolving. As the regulations, policies, procedures, and markets for carbon credits evolve, the University will strive to adopt cost effective practices with respect to the LFG project to maximize the credits resulting from the project and to measure and document those in away that meets both the University's internal carbon reduction objectives and the County's objective to generate cash flow with access to appropriate markets through which the Allocated Carbon Credits can be sold. B. Adjustments to the Payments to the County a. The Btu Equivalent Gas Price shall be subject to a cap which shall be calculated as $9.00 per MMBtu in 2010 escalating at 2% per annum. b. The economic viability of the project to the University is highly dependent on: 1). The quantity of LFG and associated methane content collected from the landfill. If the cumulative quantity of methane collected by the project for the years 2011 through 2014 is less than 90% of the cumulative amount shown in Exhibit XXX, then the percentage on which the Allocated Energy Content and Allocated Carbon Credits are based shall be reduced to ten percent (10%) starting in 2015. 2). The future market value of carbon credits. If, as of December 31, 2014, substantive federal regulations to reduce GHG emissions have not been enacted and market values for US carbon allowances as estimated by the Carbon Credit Advisor or other independent expert are not projected to average at least $15.00 per MTCOze for the period 2015 through 2019, then the percentage on which the Allocated Energy Content and Allocated Carbon Credits are based shall be reduced to ten percent (10%) starting in 2015. 3). (Sharing of risk of capital cost overruns to be discussed.) Note: The above allocation assumes University will be responsible for maintenance of the collection and flare systems, pipeline, and engine generator. Confidential Preliminary Draft for Discussion Only Attorney Client Privileged March 31, 2008 Page 9 of 15 33 PRELIMINARY TERM SHEET LANDFILL GAS RIGHTS AGREEMENT The following is a preliminary summary for discussion purposes only of certain terms and conditions contemplated for the Agreement. 1. Parties Orange County, North Carolina ("County") University of North Carolina at Chapel Hill ("University") 2. Rights Granted to University a) Right to use and access the Orange County Landfill, 1514 Eubanks Road, Chapel Hill ("Landfill") on a 24-hour 7-day per week basis to perform the operations contemplated by the Agreement. b) Exclusive right and license to explore for, mine, extract and collect the landfill gas ("LFG") c) Easements and right-of--way through Landfill site and license to drill gas wells, lay pipelines, construct tanks and other related LFG collection infrastructure ("LFG Collection System") d) Ownership of and title to all LFG and to the LFG Collection System e) License to install utility lines to Landfill necessary for the LFG Collection System and related operations 3. Representations Warranties and Obligations of County a) County represents and warrants that its has fee simple title to the Landfill and has full right to make and enter into the Agreement b) County represents and warrants that no verbal or written assignment or agreement currently exists for the extraction and sale of the LFG c) County agrees to lnalce reasonable efforts to repair cracks, fissures, erosion, or other physical changes in the Landfill which have an adverse effect on the production of LFG d) County agrees to cooperate in the development and operation of Landfill so as to maximize the production of LFG, and County shall not interfere with University's LFG operations e) County shall maintain adequate "cover" over Landfill at all times to meet current federal and state guidelines f) County shall cooperate with University in preparing, executing and filing such applications, assignments of rights, and other documents as maybe necessary to allow University to conduct the activities contemplated under the Agreement g) County agrees to make available to University copies of all necessary environmental information, reports, environmental impact reports, air impact assessment studies in the County's possession h) County shall take reasonable measures to ensure that the LFG Collection System is not damaged by the County, its employees or contractors. In such event that the LFG Collection System is damaged by the County, ,its employees or contractors, the County shall reimburse University for the reasonable costs of repairs i) County shall retain sole and exclusive right and all obligations with regard to its municipal solid waste landfill operations at the Landfill. County shall continue to be responsible {00016169.DOC} Page 10 of 15 3~- for meeting all applicable laws and regulations pertaining to the operation of the Landfill, exclusive of University's operation of the LFG Collection System. 4. Representations Warranties and Obligations of University a) University shall install at its own expense the LFG Collection System b) University shall be responsible for maintaining the LFG Collection System c) University shall prepare applications to obtain all environmental and other permits which may be required under applicable local, state, and federal enviromnental and other laws and regulations in connection with its activities under this Agreement. d) University shall use reasonable efforts to operate, maintain, repair and replace the LFG Collection System in accordance with good engineering practices and industry standards e) University shall use reasonable efforts to monitor the LFG Collection System in accordance with all federal, state and local laws and regulations, for methane and oxygen percentage by volume f) University shall be responsible for the disposal of condensate regardless of whether it is deemed a hazardous material. University shall have the right, if allowed by the laws of North Carolina and Federal laws, to return any condensate to the Landfill 5. Compensation to County. a) [terms to be inserted) 6. Liabili a) University shall be responsible for: (i) damages and claims caused by University's own negligence or that of their agents, servants, employees, or contractors, and (ii) damages, penalties, fines, or other claims of any kind or nature resulting from the violation by University of any laws or regulations that the University is responsible for complying with pursuant to the terms of the Agreement, provided that such damages are shown to be directly attributable to the University. b) County shall be responsible for: (i) damages caused by County's own negligence or that of their agents, servants, employees, or contractors, (ii) damages, penalties, fines, or other claims of any kind or nature resulting from the violation by either party of any laws or regulations relating to the Landfill and its operations (excluding the damages and claims described in 6(a)(ii) above), and (iii) all other claims and damages of any kind or nature arising from the Landfill and its operations (excluding the damages and claims described in 6(a) above), including without limitation, the Landfill Collection System, flaring operations, and other operations contemplated by the Agreement. c) Neither party shall be liable to the other for any indirect, special, incidental or consequential damages. 7. Term of Agreement. A minimum of 20 years, with provisions for extension, subject to earlier termination if (a) the conditions precedent to "Go Decision" are not satisfied under Section 8, or (b) the Agreement is terminated earlier pursuant to Section 9. {00016169.DOC} Page 11 of 15 3~ 8. Conditions Precedent to "Go Decision" a) Receipt of all required governmental and regulatory permits and approvals b) No material adverse change shall have occurred with respect to the prospects for success of the LFG project 9. Termination/Expiration a) Each party shall have the right to terminate this Agreement in the event the other party commits an act or an omission which is a material default under this Agreement, provided that the party asserting a default must have first notified the other party in writing and allowed a reasonable period of time, but not less than ninety (90) days (forty-five (45) days in the event of non- payment of the compensation to the County) to cure such default. b) In the event County terminates the Agreement, for any reason, prior to the scheduled expiration date for the Agreement, County shall pay the University a prorated buyout amount to compensate University for its costs and lost profits, which shall include the unamortized value of all the LFG Collection System equipment, University construction costs and expenses, and compensation for University's inability to access methane credits. c) In the event that University reasonably determines that Lal-ldfill Gas can no longer be recovered from the Landfill in sufficient quantities, then University shall have the right to surrender and terminate this Agreement and thereby be relieved of all obligations under this Agreement 10. Removal of Equipment a) Following the expiration or termination of this Agreement, University shall remove the University equipment comprising the LFG Collection System and shall permanently seal and cap all openings for pipes or equipment left in the Landfill in accordance with the latest industry standards. b) If University fails to remove some or all of its equipment within [X] months after the expiration or termination of the Agreement, such equipment shall be deemed abandoned by University and shall become the property of the County. 11. Force Majeure 12. Amendments 13. Assignment 14. Books and Records 15. Waiver 16. Status of Parties/No A~encY 17. Notices 18. Equal Opportunity/Non-discrimination {00016169.DOC} Page 12 of 15 19. Governing Law/Venue 20. Entire A~xeement 21. Severability {00016169.DOC} Page 13 of 15 N V Z O N 4) Q jl Q ~ - N N ~ - w. `. 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