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ATTACHMENT 1 MEMORANDUM OF UNDERSTANDING I � . � , � • b . BETWEEN Z. of Z INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT AND 2,01 INEOS NEW PLANET BIOENERGY, LLC , This Memorandum of Understanding is entered into as of this 11th day of September, 2012 , by and between INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, a dependent special district of Indian River County , Florida , whose address is c/o Department of Utility Services, 180127 th Street, Vero Beach , Florida 32960 ( hereinafter referred to as the " District" ) , and INEOS New Planet BioEnergy, LLC, a Delaware limited liability company, whose address is 925 74th Avenue SW, Vero Beach , Florida 32968 ( hereinafter referred to as " INP BioEnergy" , as follows : 1 . INP BioEnergy plans to develop the remainder of its property at the above address , which will include filling and mitigation of a 3 . 9 * * acre wetland that is located on both INP BioEnergy' s property ( 2 . 5 acres ) and the District' s property ( 1 . 4 acres ) , and 2 . INP BioEnergy has secured all required federal , state and local permits required for the filling of the entire wetland , including, without limitation , ( a ) Department of Environmental Protection Environmental Resource Permit ( Permit No . ERP31-0298646 -004- EI ) , ( b ) U . S . Army Corps of Engineers Permit No . SAJ - 2009 -04326 ( IP - MAM ) , ( c) Request for Withdrawal of Mitigation Credits from The Mary A II , LLC Wetland Mitigation Bank, and ( d ) Indian River County Wetland Resource Permit ( Permit No . 91050251 ) , and 3 . INP BioEnergy shall pay the purchase price for all required mitigation bank credits and all permit fees associated with filling the entire 3 . 9 acre wetland , and shall pay the construction costs associated with filling the 2 . 5 acre portion of the wetland on INP BioEnergy' s property, and 4 . It is prudent and will save money for the District to fill its 1 . 4 acre portion of the wetland at the same time that INP BioEnergy fills its 2 . 5 acre portion of the wetland . Accordingly, INP BioEnergy agrees that the District may ( at its own expense ) fill its portion of the wetland at the same time that INP BioEnergy fills its portion . Alternatively, the District may elect to fill its portion of wetland at a later date . INP BioEnergy will cooperate with the District to provide mutually acceptable access over INP BioEnergy' s property to the District' s portion of the wetland , at the time of the District' s fill project . IN WITNESS WHEREOF, this Memorandum of Understanding is executed by the authorized representatives of the parties as of the day and year first above written . (SIGNATURE ARE ON THE FOLLOWING PAGE]