11/12/2002 - Laserfiche WebLink

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• ; • Chairman Stanbridge noted that the District is very nervous about this arrangement as the gas pipeline has caused them a lot of grief. This is a very complicated issue. Tim Eves of Calpine/Blue Heron Energy Center, LLC, stated that his company is agreeable to all the changes noted by Deputy Attorney Collins. Mr Collins then explained the language and meaning of the eminent domain clause. County Attorney Paul Bangel also suggested that Paragraph 16 on Page 23 of the Agreement include the Southern District of Florida, and Mr. Eves agreed that would be acceptable. Chairman Stanbridge noted that this Agreement will now go to the District for their consideration. The revenue stream from the water supplied should also offset any maintenance on the stormwater park. She felt this will assist the County with its brine problem and wished Mr Eves good luck with the Public Service Energy Commission. ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously approved the Agreement with the changes noted by Deputy County Attorney Will Collins [(1) provision of insurance indemnifications; (2) Page 223 of the backup, at the bottom of the page, change language to read: "... at no cost to Calpine, all rights-of-way ...County and District shall provide ... but in no event shall exercise eminent domain.", (3) Page 227 of the backup, add Paragraph 7.b. on Page 16; (4) Page 10, Paragraph f. revise to read: "the District shall not"; (5) Page 234, Paragraph 6.d., include language to require that Calpine furnish a $200,000 letter of credit to secure the 15% contribution to the cost of the brine pipeline; and (6) Paragraph 16, Page 23 of the Agreement, include the Southern District of Florida in the venue.] NOVEMBER 12, 2002 AGREEMENT WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED 129 n!, 01i J3