11/12/2002 - Laserfiche WebLink

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0)1 Deputy County Attorney Will Collins explained that he has been working on the terms and conditions with Mr. Tim Eves of Calpine and Attorney Michael O'Haire representing IRFWCD. The draft attached as backup just came out the end of last week and he wanted to get these changes on record before any action is taken. Mr. Collins continued that certain insurance indemnification language has been given to Mr Eves to take to his Risk Manager and the contract is contingent upon those insurance indemnifications. Also, on Page 223 of the backup, at the bottom of the page, the language reads: ".... at no cost to Calpine, all rights-of-way ...' . Mr Collins expressed his concern that there be no commitment by the County to condemn property on behalf of Calpine. It should be expressly made a matter of record that this language in no way requires the County to condemn any property. Mr Collins continued that on Page 227 at the top of the page, termination of the Agreement is discussed. However, Paragraph 7.b. referred to in that paragraph was missing. An additional Page 16 of the Agreement has been passed out which discusses reimbursement for disposal of solids by formula. Calpine is also taking brine and, because of that, they will have some solids which will have to be disposed of at the Landfill. 40% of the cost of that disposal would be paid by the County. Commissioner Adams questioned whether that would be 40% of the gross disposal, and Mr. Collins responded that it will be a cost per ton. Mr Collins also noted that Page 10, Paragraph f. of the Agreement does not allow any new non-agricultural withdrawals from the District's canal system that would prevent the "County" from withdrawing water, etc. This language should be revised to read: "the District shall not". Mr Collins also stated that Page 234, Paragraph 6.d. talks about Calpine contributing up to 15% of the cost of the brine pipeline, with a maximum of $200,000. Staff would like Calpine to provide the County a $200,000 letter of credit to secure that amount. Mr Eves of Calpine has expressed his agreement to that qualification. Of course, all obligations are contingent upon the Calpine plant being certified by the State. However, it would be appreciated if these changes could be incorporated in the Agreement. Chairman Stanbridge asked if the language on Page 223 regarding the right-of-way issue could be changed to substitute ` County and/or District shall provide ..." with language to ensure that no condemnation action is required. Mr. Collins changed the language to read: "the County and the District shall provide ..... but in no event shall exercise eminent domain ... ". NOVEMBER 12, 2002 128