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Board of County Commissioners Meeting Minutes - Final <br />Attachments: Staff Report <br />Transaction Confirmation #3 <br />March 19, 2024 <br />Himanshu Mehta, Managing Director of the Solid Waste Disposal District, <br />requested the Board's approval of an extension to the agreement with Tiger, Inc. <br />for the sale and purchase of natural gas. Director Mehta explained Tiger, Inc. was <br />a third party which provided the natural gas used in the leachate evaporator <br />project at a fixed cost which was less expensive than purchasing the gas directly. <br />A motion was made by Commissioner Loar, seconded by Vice Chairman <br />Flescher, to approve staff's recommendation. The motion carried by the <br />following vote: <br />Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, <br />Commissioner Moss, and Commissioner Loar <br />15.B.2. 24-0289 Consent and Agreement with Pathward, NA for Nopetro's Landfill Gas <br />Construction Loan <br />Recommended Action: The County Attorney's Office recommends that the Board, acting in its capacity <br />as the Solid Waste Disposal District, discuss the Consent and Agreement, weigh <br />the risks against the benefits of the Consent and approve the Consent and <br />authorize the Chairman to execute the Consent and Agreement on behalf of the <br />Solid Waste Disposal District. <br />Attachments: Staff Report <br />Consent and Agreement <br />County Attorney Bill DeBraal presented the Consent and Agreement document <br />related to the construction of the landfill gas facility project, as discussed at the <br />January 23, 2024 Board meeting where the final Nopetro Eco District LLC's <br />contract was approved. Nopetro's lender, Pathward, NA, requested the Consent <br />and Agreement document as a condition of approving Nopetro's construction <br />loan. <br />Attorney DeBraal further discussed the County's exposure to risk by signing the <br />Agreement, as detailed in staffs memo dated March 14, 2024. He touched upon <br />the language staff added to the document to better protect the County's interest <br />while still allowing the project to proceed. <br />Chairman Adams led discussion by confirming the document provided the <br />County's express consent to the bank, and that Nopetro provided indemnification <br />and a letter of credit to help cover construction costs and lessen the County's risk <br />exposure. The Chairman stated she was comfortable with the terms and <br />advocated for moving forward. Commissioner Loar sought to clarify that this <br />Agreement was a practice undertaken by other counties; County Administrator <br />Indian River County Florida Page 15 <br />