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Landfill Gas Interconnect Agreement between
INEOS New Planet BioEnergy , LLC and
Indian River County Solid Waste Disposal District
TABLE OF CONTENTS
Article 1 - Definitions . . . 6660 * 009006 3
Article 2 - Term and Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Article 3 - The Parties ' LFG Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Article 4 - Access and Easement . 0 a 0 9 0 0 0 f a 0 0 0 S 0 4 a 0 4 a 0 0 4 0 0 0 0 0 6 4 0 0 0 * 0 0 W
* 0 6 0 6 0 0 a a 0 0 0 g 9 0 0 a a 4 0 a a 0 g a 6 9 a 0 0 0 0 0 0 0 9 P 0 0 0 9 0 V M 7
Article5 - LFG Quantity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . 7
Article6 - LFG Quality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . 9
Article 7 - Price and Fees for LFG and Credits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Article 8 - Billing and Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12
Article 9 - Operation and Maintenance Costs . 12
Article 10 - Ownership and Use of LFG . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Article 11 - Warranty of Title to LFG . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Article 12 - Termination and Remedies . . 1 3
Article13 - Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . 14
Article14 - Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . 14
Exhibit " A " — A Legal Description of the District' s Landfill , plus a map depicting the
location of the Landfill , the Interconnection Site , the Delivery Point, and the
LFG Pipeline on the District ' s property
Exhibit " B " — Legal Description and Depiction of the Easements on District Property
Granted to Company
Exhibit "B - 1 " — Form of Grant of Non- Exclusive Easement for Landfill Gas Equipment and
Pipeline .
Exhibit "B - 2 " - Form of Grant of Non - Exclusive Easement for Ingress and Egress .
Exhibit " C " — Form of Confidentiality Agreement
Exhibit " D " - LFG Process Flow Schematic
Exhibit " E" - Examples of Revenue Sharing for Credits
2
LANDFILL GAS INTERCONNECT AGREEMENT
This Landfill Gas Interconnect Agreement ( " Agreement " ) is made and entered into on
this 13th day of Decembeir2011 (" Effective Date ") , by and between INEOS New Planet
BioEnergy , LLC (" Company ") , a Delaware limited liability company , and Indian River County
Solid Waste Disposal District ("District") , a special district of Indian River County , Florida .
WHEREAS , District and Company have entered into a Feedstock Supply Agreement (the
" FS Agreement") that requires the District to sell and the Company to purchase the Landfill Gas
(" LFG" ) collected by the District ' s LFG Assets ; and
WHEREAS , this Agreement is an exhibit to and a part of the FS Agreement ; and ,
WHEREAS , Company has determined that this Agreement is beneficial to Company ;
and ,
WHEREAS , the District has determined that this Agreement benefits the health , safety ,
and welfare of the citizens of Indian River County and , further, this Agreement serves important
and proper public purposes .
NOW , THEREFORE , in consideration of the foregoing premises and the mutual
obligations , benefits and covenants contained herein, and for other good and valuable
consideration , the receipt and sufficiency of which are hereby acknowledged , the District and
Company agree that they shall be bound by and shall comply with the following provisions of
this Agreement :
ARTICLE 1 — DEFINITIONS
All words and phrases defined in the FS Agreement shall have the same meaning herein
as in the FS Agreement . When the following words and phrases are used in this Agreement , they
shall be defined and construed as follows :
1 . 1 "Acceptable LFG" means LFG that satisfies the Specification set forth in Section
3 . 2 . G . 9 of the FS Agreement—i . e . , the sulfur content of the LFG is equal to or less than twenty-
one ( 2 1 ) pounds per hour .
1 . 2 " BTU " means a British Thermal Unit, which is the amount of heat required to
raise the temperature of one avoirdupois pound of pure water from 58 . 5 degrees Fahrenheit to
59 . 5 degrees Fahrenheit .
1 . 3 "Delivery Capacity" means the amount of Acceptable LFG that the District is able
to deliver to the Delivery Point , given the physical and operational constraints of providing LFG
from the District ' s Landfill .
1 . 4 " Interconnect" or " Interconnect Site" means the physical , mechanical , and/or
electrical connection of the District LFG Assets and the Company LFG Assets on the District ' s
3
property . The location of the Interconnect Site is more specifically shown on Exhibit "A " to this
Agreement .
1 . 5 " Isolation Valves " means the valves that will be used to isolate the District ' s LFG
flare from the District LFG Assets upstream of the Delivery Point—i . e . , the Isolation Valves
direct LFG from the Landfill to the flare or , in the alternative , to the Delivery Point .
1 . 6 " LFG Price " means the compensation paid by Company to the District for the
LFG delivered to the Delivery Point . The LFG Price is set forth in Exhibit 3 -A
of the FS
Agreement , as modified by Section 4 . 3 and the other provisions of the FS Agreement .
1 . 7 "Metering" means the meters , instruments and/or processes used to measure the
quantity and quality of the LFG delivered by District to Company .
1 . 8 " MMBTU " means one million BTUs .
1 . 9 " Permit" means any local , state , or federal permit , license , franchise , registration ,
certification , authorization or other governmental approval required for the performance of a
Party ' s obligations under this Agreement .
1 . 10 " Specification" means the criterion for Acceptable LFG that is set forth in Section
3 . 2 . G . 9 of the FS Agreement ,
ARTICLE 2 - TERM AND APPLICATION
2 . 1 This Agreement shall take effect on the Effective Date .
2 . 2 This Agreement shall remain in effect for the same Initial Term and the same
Renewal Terms as the FS Agreement, unless sooner terminated in accordance with the
provisions of this Agreement or the FS Agreement .
2 . 3 This Agreement may be extended with the written , mutual consent of Company
and the District .
2 . 4 This Agreement is a sub - agreement of the FS Agreement . All of the terms and
conditions of the FS Agreement shall apply to this Agreement , except that if any provision of
this Agreement is in conflict with a provision of the FS Agreement, the provision of this
Agreement shall apply when construing this Agreement . To the extent reasonably possible , any
conflict between this Agreement and the FS Agreement shall be harmonized .
ARTICLE 3 - THE PARTIES ' LFG FACILITIES
3 . 1 Each Party shall pay and be solely responsible for all of the costs associated with
the design, permitting , construction , installation , operation , maintenance , repair, and replacement
of their respective LFG assets .
4
3 . 2 The District and Company , respectively , shall each designate a Person to serve as
that Party ' s authorized agent under this Agreement for the purpose of receiving correspondence
and documents regarding the design and construction of the Interconnect and any other assets
provided by Company on District property . Upon request, the District shall provide to the
Company the technical information in the District ' s possession necessary to develop the
conceptual and final design of the Interconnect . Company shall determine the basis and design
requirements necessary for the Interconnect to meet all industry standard engineering and permit
requirements applicable to a similar interconnect . Company shall provide the District with plans ,
drawings , specifications , schedules , critical path analyses and other documents , at each stage of
the development of the Company ' s project , which are reasonably necessary to enable the District
to ensure that the design , construction , and engineering of the Company ' s LFG Assets are
compatible with the District LFG Assets and the Interconnect at the Delivery Point , and in
accordance with generally accepted engineering and construction practices .
3 . 3 All documents submitted for the District' s review and approval shall be acted
upon and returned to Company within a reasonable time , as defined in Section 3 . 4 , with
the
District' s approval or any comments regarding any further review or modification by Company
to conform to the technical specifications , requirements , and exhibits of this Agreement . If
additional modifications are needed , unless disputed , Company shall proceed with the requisite
modifications requested by the District . If requested , Company shall re- submit the same to the
District for review and approval . The District shall advise Company in writing within ten ( 10 )
business days of receipt of such re - submitted documents as to their acceptability and approval .
The various comments and approvals made by the District on the plans , specifications , drawings ,
schedules and other matters shall not relieve Company from any of its obligations under this
Agreement or the FS Agreement . The District ' s acceptance and approval of the plans and other
matters shall not be unreasonably withheld .
3 . 4 Unless otherwise specified , reasonable time for review and approval by the
District shall mean ten ( 10 ) business days . If the District fails to return any design documents to
Company within ten ( 10) business days after the documents are received by the District , then the
District shall be deemed to have waived any comments or objections thereto ; provided , however,
that if within the ten ( 10) business days , the District notifies Company in writing that additional
review time is necessary , the District shall have an additional five ( 5 ) business days to complete
its review .
3 . 5 With regard to either Party ' s LFG assets and other improvements that will be
constructed or installed on the District ' s property , Company ' s proposed plans , specifications ,
contracts , and other documents shall ensure that , at a minimum , the LFG assets and
improvements on the District ' s property are : (a) designed to provide safe , reliable , and efficient
operations ; (b) built with new equipment that is free of defects and suitable for its intended use ;
and (c ) protected by standard manufacturer ' s warranties and guarantees . The Company ' s
proposed contracts with third parties shall contain appropriate provisions for insurance , written
change orders , site inspections , testing , and similar measures .
5
3 . 6 After the Effective Date , Company and the District shall promptly and diligently
seek to obtain all Permits necessary for them to satisfy their respective obligations under this
Agreement . The District shall pay all costs and fees for Permits required for activities at
the
Landfill and upstream of the Delivery Point, except as provided in Section 3 . 10 concerning the
Isolation Valves . Company shall pay all costs and fees for Permits required for activities at its
Facility and downstream of the Delivery Point , and for the Isolation Valves as provided in
Section 3 . 10 , below . Company and the District shall cooperate at all times and shall keep each
other informed about their progress in obtaining the necessary Permits .
3 . 7 After the necessary Permits are obtained , the Company shall expeditiously
commence construction of the Company LFG Assets and the Isolation Valves as provided in
Section 3 . 1 above , as well as any other improvements necessary for the Company to receive and
use the District ' s LFG at the Company ' s Facility . The Company shall diligently and
continuously construct all of these improvements until they are complete .
3 . 8 The District shall be allowed to monitor all operations and activities associated
with the construction, startup and commissioning of the LFG Assets and any other improvements
located on the District ' s property . The District shall be allowed to monitor and confirm
the
compatibility of the District LFG Assets with the Company LFG Assets . The District shall
rebalance the District LFG Assets ( e . g . , the LFG recovery wells and collection system) , as the
District deems necessary . These activities will be designed to synchronize the operation of the
District ' s LFG Assets with the Company ' s LFG Assets .
3 . 9 Company shall give the District seven (7 ) days ' notice in writing when the
Interconnect, and all the LFG assets for which the Company is responsible , are ready to
commence routine commercial operations , and Company shall identify the date that Company
wishes to designate as the LFG Commencement Date . The proposed LFG Commencement Date
shall be designated as soon as practicable after the notice from Company . The District shall , as
soon as it is ready , notify the Company that it is ready to commence routine commercial
operations on an agreed LFG Commencement Date . Prior to the LFG Commencement Date , the
District shall provide LFG to Company to enable Company to startup and test the Parties ' LFG
assets .
3 . 10 Company shall be solely responsible for the Company LFG Assets and any other
improvements necessary for Company to receive and use LFG in its Facility , and for paying all
of the capital costs for the Company LFG Assets and improvements , including but not limited to
the Interconnect and Isolation Valves . Notwithstanding anything to the contrary in this
Agreement or the FS Agreement , the Isolation Valves shall be part of the Company LFG Assets ,
even though the Isolation Valves will be located upstream of the Delivery Point . The Isolation
Values shall be operated by the Company ' s distributive control system under normal conditions ,
but the Isolation Valves may be operated by the District if necessary to respond to an emergency ,
malfunction, Force Majeure , or similar event . Exhibit "D " is a LFG process flow schematic that
depicts the location of the Isolation Valves and the flow of LFG through them .
3 . 11 Within sixty ( 60 ) days of the LFG Commencement Date , the Company shall
provide the following : (a) with regard to any LFG assets or other improvements located on the
6
District ' s property , one complete set of final record " as built" drawings ; ( b ) the final
specifications for the Isolation Valves , methane analyzer, and LFG flow meter ; (c) an operation
and maintenance (" O & M") manual for the Isolation Valves , methane analyzer, and LFG flow
meter, including any O & M manuals provided by the manufacturers ; ( d ) any lists provided by
the manufacturers for recommended spare parts for the Isolation Valves , methane analyzer, and
LFG flow meter ; (e) the licenses or approvals , if any , needed for the District to use the Isolation
Valves , methane analyzer , and LFG flow meter ; and (f) a plan of operating procedures for the
coordinated operation of the Interconnect . The "as built" drawings shall be provided to the
District in two ( 2 ) sets of full - size paper drawings and in an electronic format ( i . e . ,
Computer
Assisted Design Drawing or " CADD " files) .
3 . 12 Company shall use all Commercially Reasonable Efforts to ensure that there are
no liens or other encumbrances (collectively , " liens") placed on the District ' s land as a result of
the Company ' s activities . If a lien is placed on the District ' s land by any of Company ' s suppliers
or contractors , Company shall immediately take whatever steps are necessary to ensure that the
lien is released promptly . If Company fails to secure the timely release of such lien, the District
may take any and all steps to secure the release of the lien and then the District may deduct the
District ' s costs and expenses from any amounts owed to the Company pursuant to the FS
Agreement .
ARTICLE 4 — ACCESS AND EASEMENT
4 . 1 Subject to the conditions contained in this Agreement , the District grants to
Company the right to access , occupy and use the Interconnect Site and a LFG pipeline easement
for the purpose of satisfying the Company ' s obligations under the FS Agreement and this
Agreement , including the right to construct, install , own , maintain and operate the Company ' s
LFG Assets on the Interconnect Site and the LFG pipeline easement . District hereby grants to
Company a non-exclusive easement over, under and across certain property that is more
specifically described in Exhibit " B " to this Agreement, for the purpose of accessing ,
constructing , installing , owning , maintaining and operating the equipment and facilities
necessary to connect the District LFG Assets and the Company LFG Assets in the manner
provided in this Agreement . District agrees to execute written easement grants to Company in
substantially the form attached hereto as Exhibit "B - 1 " (" Grant of Non -Exclusive Easement for
Landfill Gas Equipment and Pipeline ") and Exhibit " 13 - 2 " (" Grant of Non -Exclusive Easement
for Ingress and Egress ") . Company shall pay all costs associated with the recording of any
easements granted by the District .
ARTICLE 5 — LFG QUANTITY ; MEASUREMENT
5 . 1 Pursuant to Section 3 . 2 . G . 1 of the FS Agreement , Company shall use
Commercially Reasonable Efforts to take and use all of the LFG that is produced by the
District ' s Landfill , up to the design capacity of the Company ' s LFG Assets (i . e . , one thousand
( 1 , 000) standard cubic feet of LFG per minute) . Pursuant to Section 3 . 2 . G . 9 of the FS
Agreement , Company shall use Commercially Reasonable Efforts to use the LFG produced by
the District ' s Landfill at all times throughout the term of this Agreement , unless the Facility '
s
7
boiler is not operating or the sulfur content of the LFG exceeds twenty- one (2 1 ) pounds per hour .
The Parties recognize that Company ' s use of LFG at its Facility may be curtailed or interrupted
when the boiler is not operating due to the maintenance requirements of the Facility and/or Force
Majeure events .
5 . 2 The District shall use Commercially Reasonable Efforts to deliver all of its
Acceptable LFG to the Delivery Point on a regular and routine basis . Company is guaranteed all
of District ' s Acceptable LFG , except as otherwise provided in Section 5 . 7 , below, or other
provisions of this Agreement .
5 . 3 The quantity of LFG delivered by District shall be determined by conducting
appropriate measurements with the Metering equipment . The Metering equipment shall be
maintained by the Company and shall be calibrated on a quarterly basis or in accordance with the
manufacturer ' s specifications , whichever is more frequent . At its expense , District may arrange
for an independent third party to calibrate or otherwise verify the accuracy of the meters and
instruments used by the Company to measure the LFG . Any independent tests shall be
coordinated with the Company in advance . The results of any calibration tests or inspections by
either Party shall be provided to the other Party , upon request . The specific test methods shall be
established by mutual agreement of the Parties .
5A At its option and expense , the Company may determine the Delivery Capacity by
conducting appropriate tests . The Delivery Capacity shall be based on the average flow of
Acceptable LFG to the Delivery Point during a seventy- two ( 72) hour period . The Delivery
Capacity shall reflect the amount of Acceptable LFG that the District can produce from the
Landfill and deliver to the Delivery Point while maintaining compliance with all applicable laws
and prudently operating the Landfill and the District ' s LFG Assets . The Parties recognize and
acknowledge that the Delivery Capacity may fluctuate during the term of this Agreement .
5 . 5 The District shall not be obligated to deliver Acceptable LFG to Company at any
specific rate . The District shall attempt to deliver Acceptable LFG at a relatively uniform hourly
rate of flow, but the District does not warrant or guarantee that it will be able to supply Company
with any minimum amount of Acceptable LFG on an hourly , daily or other basis .
5 . 6 The District shall notify Company promptly if the District anticipates that the
production of LFG will significantly increase or decrease in the future . Company shall notify the
District promptly if Company anticipates that its use of LFG will significantly increase or
decrease in the future .
5 . 7 During the term of this Agreement , the District shall not undertake any action that
would : (a) temporarily divert Acceptable LFG from Company to some other use or user without
first obtaining Company ' s written approval , which shall not be unreasonably withheld or
delayed ; or (b) permanently reduce the production of LFG at the Landfill , unless such action is
( 1 ) required by an applicable law or (2 ) otherwise deemed necessary and appropriate by the
District for the protection of the public health, safety , or welfare .
8
5 . 8 The Company shall be responsible for measuring and recording the characteristics
of the LFG that is delivered to Company . Unless circumstances dictate otherwise , the Company
shall measure and analyze the LFG with the Metering equipment . The Company shall use a flow
meter to continuously measure the quantity of LFG delivered by the District to the Delivery
Point . The Company shall use a methane analyzer to measure the methane content of the LFG
continuously or as otherwise agreed in writing by the Parties . The flow meter and the methane
analyzer shall be installed at a location near the Delivery Point , unless the Parties agree
otherwise . At a minimum , the Company shall determine : (a) the quantity of LFG , which shall
be measured in standard cubic feet per minute ( " SCFM ") ; and ( b) the energy content of the LFG ,
which shall be measured in BTUs per SCFM . The Company may at its discretion measure or
test for other gas characteristics . The Company shall measure these factors by using the Metering
equipment and/or such other instruments as necessary . The Company shall be solely responsible
for the operation , maintenance and calibration of the meters and other equipment used to
measure or test the LFG . The Company shall use its best efforts to ensure that the LFG flow
meter and methane analyzer are fully operational at all times after the LFG Commencement
Date .
5 . 9 If Company or the District discovers that the Metering instruments are not
properly calibrated , they shall promptly report this information to the other Party . In such case ,
the applicable Party shall have the right to request and receive an equitable adjustment of the
LFG fee payments reflected on the next month ' s statement or invoice . It is the intent of
the
Parties that no one should benefit unjustly as a result of an error in the calibration of
the
Metering instruments . Unless there are specific factual reasons to believe otherwise , the Parties
shall assume that the error in the calibration of the Metering instruments increased at a uniform
rate over time . Accordingly , when recalculating the amount of the fee to be paid for LFG , the
Parties shall assume that one -half of the error in the calibration was in existence during the
period from the most recent successful calibration test until the error was discovered . The
adjustment will be from the identified error to the nearest tolerance certified by the manufacturer
or the testing firm .
5 . 10 The Company shall compile and maintain records concerning the quantity and
quality of the LFG delivered to Company . The Company shall retain these records for at least
five ( 5 ) years from the date they are prepared .
ARTICLE 6 — LFG QUALITY
6 . 1 The District shall use Commercially Reasonable Efforts to ensure that the
District ' s Landfill and LFG Assets are operated in compliance with the applicable Permits , but
the District does not make and affirmatively disclaims any guarantees , representations , or
warranties concerning the quality or quantity of the LFG that will be available to the Company .
6 . 2 To be Acceptable LFG , the LFG must satisfy the Specification set forth in Section
3 . 2 . G . 9 of the FS Agreement . If either Party discovers at any time that the District' s LFG does
not satisfy the required Specification for Acceptable LFG , that Party shall notify the other Party
and the Parties shall discuss their options for improving the quality of the LFG . The District shall
9
respond as expeditiously as practicable to Company concerns and recommendations concerning
the quality of the LFG .
6 . 3 If the District delivers LFG to Company that does not meet the required
Specification for Acceptable LFG , Company shall have the option of: (a) rejecting the LFG ; (b )
accepting the LFG and paying the LFG Price for it ; or (c) performing such acts as Company , in
its sole discretion , deems necessary and appropriate to cause such LFG to comply with the
Specification . Company shall not be required to accept any LFG that would cause the Company
to be in violation of any valid permit or in violation of any federal , state or local governmental
law or regulation . If Company exercises its rights under this Subsection 6 . 3 (c ) , the provisions of
Section 3 . 2 . G . 10 of the FS Agreement shall apply .
6 . 4 The District may collect and analyze representative samples of its LFG from time
to time . The District also periodically may wish to collect and analyze a representative sample of
its LFG to determine whether the LFG complies with the Specification for Acceptable LFG . In
either case , the District shall promptly provide the LFG test results to Company .
6 . 5 At its expense , Company may collect and analyze representative samples of LFG
from locations on the District ' s Landfill that are determined appropriate by Company . Before
collecting the LFG samples , Company shall coordinate with and obtain permission from the
District, which permission shall not be unreasonably withheld . Company shall promptly provide
copies of its LFG test results to the District . Company shall promptly notify the District anytime
Company discovers that the District' s LFG does not satisfy the Specification for Acceptable
LFG .
ARTICLE 7 — PRICES AND FEES FOR LFG AND CREDITS
7 . 1 Company shall pay the District each Month for any LFG that is accepted by
Company . The amount of the monthly payments for LFG shall be calculated by multiplying the
quantity of LFG (measured in SCFM) times the energy content of the LFG (measured in
MMBTU per SCFM) times the LFG Price . This calculation shall be subject to the following
considerations :
(a) The LFG Price shall be determined in the manner described in the FS Agreement .
(b ) As provided above , the quantity of LFG shall be measured continuously with a flow
meter , and the energy content of the LFG shall be measured continuously or as otherwise
agreed by the Parties . Hypothetically , if the energy content of the LFG is measured on a
weekly basis , the amount of the LFG fee shall be calculated on a weekly basis (i . e . , the
quantity of LFG measured in a week shall be multiplied by the energy content of the
LFG , as measured during the same week, times the LFG Price) . Under this scenario , the
LFG fee for each week shall be added together to determine the amount of the LFG fee
for the month . The same approach shall be used to calculate the amount of the LFG fee if
the parties agree to measure the energy content of the LFG during other intervals of time ,
unless the parties agree to use a different method of calculating the LFG fee .
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(c) If the Company ' s flow meter becomes inoperable or is otherwise unable to provide
continuous measurements , the Parties may estimate the flow by using any method that is
mutually agreeable . In the absence of an agreement between the Parties , the Parties shall
assume that the flow of LFG increased or decreased , as the case may be , uniformly from
the time when the last valid measurement was obtained with the flow meter until the time
when the next valid measurement is obtained with the flow meter . The average of the
two measurements shall be used when calculating the amount of the LFG fee for the
period of time between the two measurements .
( d ) If the Company ' s inethane analyzer becomes inoperable or the Company is otherwise
unable to measure the energy content of the LFG on the date or time when such
measurement would normally occur, the energy content of the LFG may be estimated by
using any method that is mutually agreeable to the Parties . In the absence of an
agreement between the Parties , the Parties shall assume that the energy content of the
LFG increased or decreased , as the case may be , uniformly from the time when the last
measurement was obtained until the time when the next measurement is obtained . The
average of the two measurements shall be used when calculating the amount of the LFG
fee for the period of time between the two measurements .
7 . 2 The Parties acknowledge that, from time to time , Company may be unable to use
part or all of the available LFG . Company shall not be required to pay for LFG that
is not
accepted by Company in accordance with the provisions of this Agreement and the FS
Agreement . However , Company shall pay the District for any LFG that the Company
improperly rejects , in violation of the requirements of this Agreement or the FS Agreement .
7 . 3 To implement the provisions of Article III , Section 3 . 2 . G . 12 of the FS Agreement ,
the Parties agree as follows :
(a) Subject to the provisions herein, the District shall receive the value of any Credits that are
earned because the District flared its LFG prior to the Effective Date of this Agreement .
The District also shall receive the value of any Credits that the District would have
earned for flaring the LFG after the Effective Date , if the District had not delivered the
LFG to the Company . These credits are collectively referred to herein as " District
Credits . " Subject to the provisions herein, the Company shall receive the value of any
Credits that are earned after the Effective Date if such Credits would not have been
earned by the District for flaring the LFG ("Company Credits ") .
(b) It is the desire and intent of the Parties that the Company shall actively attempt to market
and sell all of the District Credits and Company Credits on behalf of the Parties . It is
anticipated that the Company shall use the services of a third party (the " Marketer") to
market and sell the Credits . Any agreement signed by the Company and a Marketer
shall , to the greatest extent possible , treat the Company and District equally and fairly .
(c) Subject to the provisions herein , all of the revenues received by the Company for the
District Credits shall inure to the benefit of the District ("District Credit Revenue ") . All
11
of the revenues received by the Company for the Company Credits shall inure to the
benefit of the Company .
( d) The District Credit Revenue shall consist of the gross revenue received by the Marketer
from the sale of District Credits , minus the expenses incurred by the Marketer . The
Marketer ' s expenses may include , but shall not be limited to , the costs ( if any) incurred
by the Marketer to calibrate the LFG measurement systems , maintain a carbon credit
registry , and verify the Credits .
(e) As compensation to the Company for marketing and administering the District Credits ,
Company shall be entitled to retain a percentage of the District Credit Revenue received
by the Company . The Company shall pay the remaining District Credit Revenue to the
District within fifteen ( 15 ) days after the Company receives the District Credit Revenue .
The Company ' s payment of the remaining District Credit Revenue to the District shall
never be less than sixty- seven and one -half percent ( 67 . 5 % ) of the total District Credit
Revenue received by the Company from the Marketer. Exhibit "E" provides several
examples of how the Company ' s fee , and the payments to the District, will vary under
different scenarios .
( f) District hereby assigns to Company the right to market and sell all of the District ' s right
and title to the District Credits .
( g) Company has the responsibility to act on behalf of both Parties for the tracking, selling
and management of Credits . Company shall have the right and the obligation to exercise
its judgment in good faith when marketing and selling the District Credits .
(h) Prior to the Effective Date of this Agreement, the District identified and began to pursue
an opportunity for selling the District Credits . To take advantage of this opportunity , the
application process for selling the District Credits must be completed by May 2012 .
Accordingly , the Company agrees to use its best efforts to meet this deadline .
ARTICLE 8 — BILLING AND PAYMENT
8 . 1 Each month following the LFG Commencement Date , the Company shall provide
District with a Monthly Billing Statement for the LFG , in accordance with the procedures and
requirements set forth in the FS Agreement . The back-up data and records required to evaluate
the Company ' s calculations shall be provided to the District within a reasonable timeframe (not
to exceed ten business days) , if requested . Any disputes concerning the Monthly Billing
Statements shall be handled in the manner provided in the FS Agreement .
ARTICLE 9 — OPERATION AND MAINTENANCE COSTS
9 . 1 The District shall be responsible for the operation and maintenance of the District
12
LFG Assets .
9 . 2 Company shall be responsible for the operation and maintenance of Company
LFG Assets . The Company shall be provided full access to the Company ' s LFG Assets and the
Interconnect on the District ' s property for the purpose of performing its obligations under this
Agreement and the FS Agreement .
9 . 3 Each Party shall be solely responsible for the replacement of their respective LFG
assets .
ARTICLE 10 — OWNERSHIP AND USE OF LFG
10 . 1 Ownership , title and control of the LFG shall pass from the District to Company
when the LFG is delivered to Company at the Delivery Point . The District shall be responsible
for the LFG upstream of the Delivery Point and Company shall be responsible for the LFG
downstream of the Delivery Point .
10 . 2 The District may use , vent , or flare any LFG that is not accepted by Company .
ARTICLE 11 — WARRANTY OF TITLE TO LFG
11 . 1 The District warrants that it has title to all LFG that will be delivered to Company
hereunder and the District has the right to transfer such LFG .
11 . 2 The District warrants that all of the LFG delivered to Company under this
Agreement is owned by the District, free and clear of all liens , encumbrances and adverse claims ,
including but not limited to liens used to secure payment of production taxes , severance taxes , or
other taxes .
ARTICLE 12 — TERMINATION AND REMEDIES
12 . 1 If the District elects to terminate the Company ' s right to receive LFG in
accordance with Subsection 3 . 2 . G . 10 of the FS Agreement, the District shall give written notice
to Company as provided in the FS Agreement .
12 . 2 Company may implement the remedies provided in Section 6 . 3 herein or
applicable provisions of the FS Agreement , if the District fails to deliver Acceptable LFG to
Company .
1203 Upon termination of the Company ' s right or obligation to receive LFG, as the
case may be , each Party shall promptly provide the other Party with a written claim for any
amounts that are due and owing under this Agreement and the FS Agreement . If a Party disputes
any claim for payment, a written objection must be filed with the other Party within thirty (30 )
days of receiving the claim . The written objection must identify the specific reasons for the
objection , and it must be accompanied by full payment for all undisputed amounts . After an
13
objection is filed , the Parties shall initiate the dispute resolution process in Section 8 . 1 of the FS
Agreement .
12 . 4 The remedies provided in this Agreement shall supplement the remedies available
to the Parties under the FS Agreement , and the remedies available at law and in equity , except
that neither Party shall be entitled to recover consequential damages , punitive damages , delay
damages , or lost profits of any kind .
12 . 5 Notwithstanding any other provision contained in this Agreement and the FS
Agreement , the District shall not cause a Change in Law (e . g . , by adopting or modifying
an
ordinance ) and then obtain relief from the requirements of this Agreement and/or the FS
Agreement (e . g . , by Force Majeure , termination or otherwise) based on that Change in Law .
12 . 6 In the event that the respective obligations of the Parties to provide and accept
LFG are terminated in accordance with the provisions of this Agreement and/or the FS
Agreement , the Company shall remove all of its Company LFG Assets that are installed and
located on the District ' s property within one hundred eighty ( 180 ) days of the date of termination
of such rights . Company ' s right to access , occupy and use the Interconnect Site shall continue for
the same time period provided herein for Company to remove its Company LFG Assets . On or
before the expiration of the removal period , Company shall execute a written release of any
easement that was granted by the District pursuant to Section 4 . 1 , above .
12 . 7 This Agreement shall terminate when the FS Agreement expires or terminates ;
provided , however, in the event that the supply of LFG by District to Company is terminated
pursuant to Section 3 . 2 . G . 10 of the Feedstock Agreement, this Agreement shall terminate when
the supply of LFG is terminated .
ARTICLE 13 — TAXES
13 . 1 Company shall be responsible for all sales and gross receipt taxes , if any , that are
assessed after the delivery of the LFG at the Delivery Point and the District shall be responsible
for all such taxes , if any , incurred prior to such delivery .
ARTICLE 14 — MISCELLANEOUS
14 . 1 Each Party shall have the right to inspect and copy the books and records of the
other Party relating to this Agreement , when and to the extent necessary to verify the accuracy of
any Monthly Billing Statement . Such inspections shall be coordinated in advance between the
Parties and shall be conducted during normal business hours . The cost of copying documents
shall be paid by the Party requesting the copies .
14 . 2 Each Party shall have the right to inspect the LFG assets owned by the other
Party . Any inspections shall be coordinated in advance between the Parties and shall be
conducted during normal business hours .
14 . 3 The following exhibits (" A" through "E ") are attached hereto .
14
Exhibit " A " — A Legal Description of the District' s Landfill , plus a map
depicting the location of the Landfill , the Interconnection Site ,
the Delivery Point and the LFG pipeline on the District ' s
property .
Exhibit " B " — Legal Description and Depiction of the Easements on District
Property Granted to Company .
Exhibit " B - 1 " — Form of Grant of Non - Exclusive Easement for Landfill Gas
Equipment and Pipeline .
Exhibit " 13 -2 " - Form of Grant of Non - Exclusive Easement for Ingress and
Egress .
Exhibit " C" — Form of Confidentiality Agreement
Exhibit " D" - LFG Process Flow Schematic
Exhibit "E " - Examples of Revenue Sharing for Credits
These exhibits are incorporated herein by reference and made a part hereof as though set forth in
their entirety in the text of this Agreement . In the event there is any conflict between the
provisions of this Agreement and the provisions of the exhibits attached hereto , the provisions of
this Agreement shall govern .
14 . 4 It is acknowledged , understood , accepted and declared by the Parties that
documents held by Company addressing Company operations downstream of the Delivery Point
are intended by the Company to be the private business records of Company , as well as protected
trade secrets . Documents of Company are not intended to become public records pursuant to
Chapter 119 , Florida Statutes , solely by the fact of the existence of this Agreement between
Company and the District . However , documents generated by Company relating to the Metering
of LFG and/or the amount of the LFG fees due to the District shall be available for review by the
District . If Company seeks payment of any claims pursuant to the provisions of this Agreement ,
any documents relevant to Company claims shall be made available for inspection and copying
by the District .
14 . 5 Company is not an agent , franchisee , partner, joint venturer, or in any way the
agent of or related to or involved with the District concerning the receipt , use , consumption and
disposition of LFG , except as a purchaser of such LFG .
14 . 6 Any term , condition, covenant , or obligation in this Agreement that requires
performance by a Party subsequent to termination of this Agreement shall remain enforceable
against such Party subsequent to such termination .
14 . 7 In the event that any provision of this Agreement shall , for any reason , be
determined to be invalid , illegal , or unenforceable in any respect , the Parties hereto shall
negotiate in good faith and agree to such amendments , modifications , or supplements of or to
this Agreement or such other appropriate changes as shall , to the maximum extent practicable in
light of such determination , implement and give effect to the intentions of the Parties as reflected
herein and all other provisions of this Agreement shall , as so amended , modified , supplemented ,
or otherwise affected by such action , remain in full force and effect .
15
14 . 8 Confidentiality Agreements . The Company believes that the processes , designs
and equipment utilized at the Facility , as they may exist from time to time , are valuable , special ,
and unique assets and trade secrets of the Company ' s business . During the term of this
Agreement , the Company may require the District ' s employees , and agents , contractors and
subcontractors within the control of the District, to execute a Confidentiality Agreement in the
form attached hereto as Exhibit " C " before such persons are granted access into the Company ' s
buildings where such persons will have access to Company ' s Confidential Information ( as
defined in the Confidentiality Agreement" ) .
THE REMAINDER OF THIS PAGE IS BLANK
16
IN WI 'T' NESS WHEREOF . the Parties have authorized the execution of this Agreement
by their respective officials on the day , month and year below given .
A 'I'TES 'I' : Jeffrey K . Barton . Clerk INDIAN RIVER COUNTY SOLID
WASTE DISPOSAL DISTRICT
� � IJ1fv1iSS/� .
By : ,, _ `(til * ;
Deputy Clerk * ; Gary heeler , Chairman
rice Approved : December 13 , 2011
APPROVED :
By .
CdiI�1_LILt
,losep A . Baird
County yAdministrator
APPROVED AS TO LEGAL
FORM AND SUFFICIENCY :
ak kc
�
Alan S . Polackwich , Sr .
County Attorney
COMPANY :
INEOS NEW PLANET BIOENERGY ,
LLC .
WITNESSES : By : C%Z(�, G .7 ���^�
Name : David W . T . King
Title : President
go
Dated 12 /8 / 11
I .
EXHIBIT " A "
A LEGAL DESCRIPTION OF THE DISTRICT' S LANDFILL , PLUS A MAP
DEPICTING THE LOCATION OF THE LANDFILL , THE INTERCONNECTION SITE ,
THE DELIVERY POINT AND THE LFG DELIVERY LINE
Full Legal Description for Parcel 33382500001009000001 . 0 Page 1 of 1
Parcel : 33382500001009000001 . 0
Full Legal Description
INDIAN RIVER FARMS CO SUB
IND RIV FARMS CO SUB PBS 2 -25 TRS 9 & 10
OR BK 552 PP 725 , TOGETHER WITH TRS 117 12 , 13 & 14 LYING
E. OF 1 - 95 AS OR BK 552
PP 724 , TOGETHER WITH TR 15 AS OR BK
661 PP 1889 THRU 1892 , LESS 50 FT RD R/W PER OR BK 1310 PP
1368
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EXHIBIT " B "
LEGAL DESCRIPTION AND DEPICTION OF THE EASEMENTS ON DISTRICT
PROPERTY GRANTED TO COMPANY
SKETCH OF DESCRIPTION
PART OF TRACTS 9 AND 10, SECTION 25,
TOWNSHIP 33 SOUTH, RANGE 38 EAST
INDIAN RIVER FARMS COMPANY SUBDIVISION
INDIAN RIVER COUNTY, FLORIDA .
DESCRIPTION : SURVEYOR'S GENERAL NOTES AND REPORT:
A 30. 00 FEET WIDE ACCESS EASEMENT, LYING AND BEING IN A 1 . UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL
RAISED
PORTION OF TRACTS 9 AND 10 , SECTION 25, TOWNSHIP 33 SOUTH ,
RANGE 38 EAST ACCORDING TO THE LAST GENERAL PLAT OF LANDS SEAL OFA FLORIDA LICENSED SURVEYOR AND MAPPER, THIS
OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION AS RECORDED IN DRAWING , SKETCH , PLAT OR MAP IS FOR INFORMATIONAL
PLAT BOOK 2 , PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE PURPOSES ONLY AND IS NOT VALID.
COUNTY , FLORIDA, NOW LYING AND BEING IN INDIAN RIVER COUNTY,
FLORIDA. SAID EASEMENT BEING 15 .00 FEET EACH SIDE OF THE 2. BEARINGS SHOWN HEREON ARE BASED UPON THE NORTH
FOLLOWING DESCRIBED CENTERLINE AND BEING MORE AMERICAN DATUM OF 1983 , ADJUSTMENT OF 1999, AND ARE
PARTICULARLY DESCRIBED AS FOLLOWS: PROJECTED IN THE FLORIDA STATE PLANE COORDINATE
SYSTEM, FLORIDA EAST ZONE (901 ) AND ARE REFERENCED TO
COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 9 RUN THE ESTABLISHED AND MONUMENTED LINE SHOWN HEREON
SOUTH 00014'48" WEST ALONG THE EAST LINE OF TRACT 9 A DISTANCE LABELED AS THE BEARING BASIS.
OF 100 . 35 FEET TO A POINT, THENCE LEAVING SAID EAST LINE, RUN
NORTH 89°42'28" WEST AND PARALLEL WITH THE NORTH LINE OF SAID 3. ALL BOUNDARY DIMENSIONS USED, INCLUDING BUT NOT
TRACT 9, A DISTANCE OF 80 . 00 FEET TO A POINT ON THE WEST LIMITED TO BEARINGS, ANGLES AND DISTANCES ARE
RIGHT-OF-WAY LINE OF 74TH AVENUE (RANGE LINE ROAD ) AS PREDICATED UPON BOUNDARY SURVEY BY CARTER
RECORDED IN DEED BOOK 110 , PAGE 57 , PUBLIC RECORDS OF INDIAN ASSOCIATES, INC . JOB NO. 11 -212S, DATED FEBRUARY,
2011 . ALL
RIVER COUNTY, FLORIDA AND POINT OF BEGINNING OF SAID DIMENSIONS SHOWN HEREON ARE DISPLAYED IN U . S. SURVEY
CENTERLINE ; FROM SAID POINT OF BEGINNING CONTINUE NORTH FEET AND DECIMAL PARTS THEREOF,
89°42'28" WEST ALONG A LINE PARALLEL WITH AND NORMAL TO THE
NORTH LINE OF SAID TRACT 9, A DISTANCE OF 595.95 FEET, THENCE 4. THIS IS A SKETCH AND DESCRIPTION OF A PROPOSED
ACCESS
RUN SOUTH 45017'32" WEST A DISTANCE OF 69.58 FEET TO A POINT "A"; EASEMENT ONLY AND NOT A BOUNDARY SURVEY.
THIS
FROM SAID POINT "A" RUN NORTH 89042'28" WEST ALONG A LINE PROPERTY WAS NOT ABSTRACTED OR RESEARCHED BY THIS
PARALLEL WITH AND NORMAL TO SAID NORTH LINE OF TRACT 9 AND OFFICE FOR ANY ENCUMBRANCES OF RECORD. THE HEREON
THE NORTH LINE OF AFOREMENTIONED TRACT 10, A DISTANCE OF DESCRIBED PROPERTY IS SUBJECT TO RESTRICTIONS,
1447 . 99 FEET TO A POINT OF TERMINUS; THENCE RETURNING TO RESERVATIONS, EASEMENTS AND RIGHTS-OF-WAY OF RECORD,
AFOREMENTIONED POINT "A" RUN SOUTH 89042'28" EAST ALONG A LINE IF ANY. MATTERS OF RECORD NOT BROUGHT TO THE
PARALLEL WITH AND NORMAL TO THE AFOREMENTIONED NORTH LINE SURVEYOR'S ATTENTION BY THE CLIENT, THEIR AGENT OR AS
OF TRACT 9 , A DISTANCE OF 645 . 19 FEET TO AFORESAID WEST DISCLOSED BY A FURNISHED TITLE INSURANCE POLICY ARE NOT
RIGHT-OF-WAY LINE OF 74TH AVENUE (RANGE LINE ROAD) AND THE
POINT OF TERMINUS. INCLUDED.
THE SIDE LINES OF SAID 30 .00 FEET WIDE ACCESS EASEMENT TO BE 5. THIS SKETCH OF DESCRIPTION CONSISTS OF TWO SHEETS
PROLONGED OR SHORTENED AT ALL ANGLE POINTS, POINTS OF ONE IS NOT VALID UNLESS BOTH SHEETS ARE PRESENT.
INTERSECTION , LAND LINES AND RIGHT-OF-WAY LINES.
SAID EASEMENT CONTAINING 82 , 124. 92 SQUARE FEET OR 1 . 89 ACRES,
MORE OR LESS
CARTER ASSOCIATES, INC.
CONSULTING ENGINEERS AND LAND SURVEYORS
1708 21st STREET 772-562-4191 (PHONE)
Serving Florida 1i VERO BEACH, FLORIDA 32960 772-562- 7180 (FAX)
LAJL Since 1911 DAVID E LUETBJE , P. S . M . SICNATUE DATE
FLCRIDA LICENSE No . 5728 DATE: 11 - 02 - 11 BY SG H. SCALE: 1 "=200 ' 1 -
3715 DWG. # 19110 —A1
CASTER ASSOCIATES , INC . LB 205 SHEET 1 OF 2
I , I
I 3i I
( I n
I rl
SKETCH OF DESCRIPTION A m
PART OF TRACTS 9 AND 10, SECTION 25,
TOWNSHIP 33 SOUTH, RANGE 38 EAST N z
INDIAN RIVER FARMS COMPANY SUBDIVISION
INDIAN RIVER COUNTY, FLORIDA . _
n n �
m -
m Z kN Zo
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C o Lnr m IN rniZzl 'Z'� n
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TRACT
qq 2 m o
1111 UG-J � � 0 _' o0 r f I mm n �
U U O 7� m O D
NOT INCLUDED W g 2 ? TRA C Il o o
NOT INCLUDED oil
i N oN 50. 00' ADDITIONAL R/W m
< w DEDICATED TO INDIAN o
RIVER COUNTY
o DEED BOOK 110 PAGE 57 -y 3 < zl
o w
2 00 m D
FOUND PK NAIL & DISC I
PROPOSED 6 " MDPE GAS LINE STAMPED "CARTER LB 205" o0
( 5' NORTH OF RIGHT- OF- WAY LINE NORTHEAST CORNER TRACT 9
SUB- LATERAL CANAL C- 5 (60' RESERVED FOR ROAD POINT OF COMMENCEMENT I
I
PROPOSED 10 WI ()E AND CANAL PER INDIAN RIVER FARMS COMPANY PROPOSED 30' WIDE ACCESS 50'
PROPOSED N MDPE PROPOSED CENTERLINE OF IIS i EASEMENT
10' WIDE GAS LINE EASEMENT GAS LINE EASEME T SUBDIVISION PLAT BOOK 2 , PAGE 25, PUBLIC
50' I�
GAS LINE AND
EXISTING PAD FOR RECORDS ST. LUCIE COUNTY, FLORIDA
30. 00 30'I�
EQUIPMENT SITE _ F - NORTH RIGHT- OF- WAY SUB- LATERAL C- 5 CANAL I
- - - N 89'4228" W 902. 77- - - - - - - - - - - - -
- -
_ N 89'42 ' 28 " W 1281 . 035' 00'14 48 W
89'4228" W 1331 . 03'(R ) I - -NORTH LINE OF TRACT 9 & 1 /4 SECTION LINE 100.
35'
NORTH LINE OF TRACT 10 & 1 /4 SECTION LINE 60. 00' S 4517 32' W 15. 00' PROPOSED
30. 00' WIDE N 89042'28 " W
30 . 00' RIGHT F,-WAY -- 69 58 15. 00' ACCESS EASEMENT
1 � - _ -
I
— — POINT ; A" - ✓�4 �-
P IN OF EGItJNING
15. 00' CENTERLINE OF PROP�SED CENTERLINE OF PROPOSED 15. 00'
C N RLIN OF
PROPOSED 30 00' WIDE I PO OSED30' WIDE
NORTHEAST CORNER OF 30' WIDE ACCESS EAS�MENT 30' WIDE ACCESS EASEMENT 1r�
FENCE AT EXISTING FLARE ACCESS EASEMENT 15. 00' I A CESSEASEMQNT
STATION SEGMENT 1 , INDIAN
POINT OF TERMINUS RIVER COUNTY LANDFILL
ACCESS EASEMENT POINT OF TERMINUS
ACCESS EASEMENT
TRACT10 TRACT Oj EAST LINE TRACT 9
NOT INCLUDED NOT INCLUDED
_ CARTER ASSOCIATES, INC.
CONSULTING ENGINEERS AND LAND SURVEYORS
1708 21st STREET AA T Serving Florida
VERO BEACH, FLORIDAFLLORIDA 32960 772-562- 7180 91 (PHONE)
Since 1911 o roo zoo
SCALF ( 1 Inch = 200 Feet) DATE: 11 - 02 - 11 BY SG H. SCALE: 1 "=200
' 11 - 3715 DWG. /f 19110 —A1
SHEET 2 OF 2
SKETCH OF DESCRIPTION
PART OF TRACT 10, SECTION 25,
TOWNSHIP 33 SOUTH, RANGE 38 EAST
INDIAN RIVER FARMS COMPANY SUBDIVISION
INDIAN RIVER COUNTY, FLORIDA .
DESCRIPTION : SURVEYOR' S GENERAL NOTES AND REPORT:
AN EQUIPMENT EASEMENT, LYING AND BEING IN A PORTION OF TRACT
101 SECTION 25, TOWNSHIP 33 SOUTH , RANGE 38 EAST ACCORDING TO 1 . UNLESS IT BEARS THE SIGNATURE AND THE
ORIGINAL RAISED
THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS SEAL , FLORIDA LICENSED SURVEYOR AND MAPPER , THIS
DRAWING,
COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 25 OF NSKETCH , PLAT MAP IS FOR INFORMATIONAL
THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW LYING PURPOSES ONLY AND IS NOT VALID .
AND BEING IN INDIAN RIVER COUNTY, FLORIDA. BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: 2. BEARINGS SHOWN HEREON ARE BASED UPON THE NORTH
AMERICAN DATUM OF 1983 , ADJUSTMENT OF 1999, AND ARE
COMMENCING AT THE NORTHEAST CORNER OF TRACT 9, SECTION 25, PROJECTED IN THE FLORIDA STATE PLANE COORDINATE
TOWNSHIP 33 SOUTH , RANGE 38 EAST OF THE AFOREMENTIONED PLAT SYSTEM, FLORIDA EAST ZONE (901 ) AND ARE REFERENCED
TO
OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION RUN THE ESTABLISHED AND MONUMENTED LINE SHOWN HEREON
SOUTH 00° 14'48" WEST ALONG THE EAST LINE OF SAID TRACT 9 A LABELED AS THE BEARING BASIS.
DISTANCE OF 149 . 55 FEET TO A POINT; THENCE LEAVING SAID EAST
LINE OF TRACT 9 , RUN NORTH 89042'28" WEST, PARALLEL WITH AND 3. ALL BOUNDARY DIMENSIONS USED, INCLUDING BUT
NOT
NORMAL TO THE NORTH LINE OF SAID TRACT 9 AND TRACT 10, LIMITED TO BEARINGS, ANGLES AND DISTANCES ARE
SECTION 25, A DISTANCE OF 2173. 18 FEET TO A POINT; THENCE RUN PREDICATED UPON BOUNDARY SURVEY BY CARTER
NORTH 00°08'29" WEST A DISTANCE OF 15.00 FEET TO THE POINT OF ASSOCIATES, INC . JOB NO. 11 -212S, DATED FEBRUARY,
2011 . ALL
BEGINNING . FROM SAID POINT OF BEGINNING CONTINUE NORTH DIMENSIONS SHOWN HEREON ARE DISPLAYED IN U.S. SURVEY
00°08'29" WEST A DISTANCE OF 104. 55 FEET TO THE SOUTH FEET AND DECIMAL PARTS THEREOF.
RIGHT-OF-WAY LINE OF SUB- LATERAL C-5 CANAL, (INDIAN RIVER FARMS
WATER CONTROL DISTRICT 60 FEET WIDE RIGHT-OF-WAY, AS 4 . THIS IS A SKETCH AND DESCRIPTION OF A PROPOSED
RECORDED IN PLAT BOOK 2 , PAGE 25 PUBLIC RECORDS OF ST. LUCIE EQUIPMENT EASEMENT ONLY AND NOTA BOUNDARY SURVEY,
COUNTY , FLORIDA, NOW LYING AND BEING IN INDIAN RIVER COUNTY, THIS PROPERTY WAS NOT ABSTRACTED OR RESEARCHED BY
FLORIDA ), THENCE RUN SOUTH 89042128" EAST ALONG SAID SOUTH THIS OFFICE FOR ANY ENCUMBRANCES OF RECORD. THE
RIGHT-OF-WAY LINE, PARALLEL WITH AND NORMAL TO THE NORTH HEREON DESCRIBED PROPERTY IS SUBJECT TO RESTRICTIONS,
LINE OF SAID TRACT 10 , A DISTANCE OF 83.00 FEET, THENCE LEAVING RESERVATIONS, EASEMENTS AND RIGHTS-OF-WAY OF RECORD,
SAID SOUTH RIGHT-OF-WAY LINE , RUN SOUTH 00°08'29" EAST A IF ANY. MATTERS OF RECORD NOT BROUGHT TO THE
DISTANCE OF 104 . 55 FEET; THENCE RUN NORTH 89042428" WEST, SURVEYOR'S ATTENTION BY THE CLIENT, THEIR AGENT OR
AS
PARALLEL WITH AND NORMAL TO SAID NORTH LINE OF TRACT 10, A DISCLOSED BY A FURNISHED TITLE INSURANCE POLICY ARE
NOT
DISTANCE OF 83.00 FEET TO THE POINT OF BEGINNING .
INCLUDED.
SAID EASEMENT CONTAINING 8677 .65 SQUARE FEET OR 0.20 ACRES, 5. THIS SKETCH OF DESCRIPTION CONSISTS OF TWO SHEETS
MORE OR LESS ONE IS NOT VALID UNLESS BOTH SHEETS ARE PRESENT.
Serving Florida ICARTER ASSOCIATES, INC.
Since 1911 CONSULTING ENGINEERS AND LAND SURVEYORS
1708 21st STREET 772-561-4191 (PHONE)
I VERO BEACH, FLORIDA 32960 772-562- 7180 (FAX)
2
DAVID E . LUETHJE , P . S . M . GNATL' . DA E
FLORIDA LICENSE No . 5728 DATE: 11 - 02 - 11 BY SG H. SCALE: 1 "= 200 '
11 - 371S DWG. # 19110 -A2
REVISED : 12 - 08 - 11 TYPE OF EASEMENT PER CLIENT, SG CARTER ASSOCIATES , INC . LB 205
SHEET 1 OF 2
I 1
I ti
a
I I y I
m
SKETCH OF DESCRIPTION V
y Z
PART OF TRACTS 9 AND 10, SECTION 25,
TOWNSHIP 33 SOUTH, RANGE 38 EAST
r
INDIAN RIVER FARMS COMPANY SUBDIVISION = I I A
m i I
INDIAN RIVER COUNTY, FLORIDA . z n n
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m l mZl ^� a
N
TRACT
//9 °D m 0 n O O r z
1/ �/nl � � 0 Lo ? t w � � o I rZim � `;
NOT INCLUDED < g o = TRACT o o
w g zo NOTINCLUDED � N a
h I N 50. 00' ADDITIONAL R/W i° m
\ j w DEDICATED TO INDIAN
RIVER COUNTY i z oI
o DEED BOOK 110 PAGE 57 ------" 3 ER 21
w
Izin
FOUND
A
FOUND PK NAIL & DISCFI
PROPOSED 6 " MOPE GAS LINE ` STAMPED "CARTER LB 205" Oo
( 5' NORTH OF RIGHT- OF- WAY LINE NORTHEAST CORNER TRACT 9
SUB - LATERAL CANAL C- 5 (60' RESERVED FOR ROAD POINT OF COMMENCEMENT IN I
I
PROPOSED 10' N E AND CANAL PER INDIAN RIVER FARMS COMPANY PROPOSED EQUIPMENT
PROPOSED N MOPE PROPOSED CENTERLINE OF rL I ) EASEMENT
10' WIDE GAS LINE EASEMENT GAS LINE EASEME T SUBDIVISION PLAT BOOK 2, PAGE 25, PUBLIC
50' �—
GAS LINE AND RECORDS ST. LUCIE COUNTY, FLORIDA
EXISTING PAD FOR 30. 00' y30'I-,�
EQUIPMENT SITE _ L NORTH RIGHT- Of- WAY SUB- LATERAL C- 5 CANAL
N89'42 28 w 90277 - - F.
- 1 . - - -
- _— _ _ N 89442'28" W 1 _
89--42-28' � N 89442 28" W 1331 . 03F( R ) T -NORTH 281 3i' R _
\ _ _ _ LINE OF TRACT 9 & 1 /4 SECTION LINE
N N 10 00 `— NORTH LINE OF TRACT 10 & 1 /4 SECTION LINE 0 � 60. 00' x15. 00' 00' WIDE
-
n po SONl
UTH RIGHT- COO�,,F- WAY 30, RIGHT OF- WAY 1j r1500' PACCESS PROPOSED
0 0 � m �15 00' SUB- LATERAL - 5 CANAL �� Y---r — _. ---_�--.-R— — _ I�/ .
ZBEGINNING —N 89'4228 ' W .N 00'08' 29
" 83. 0015. 00 CENTERLINE OF PROPOSED CENTERLINE OF PROPOSED15. 00 '
15. 00' PROPOSED 30. 00' WIDE NORTHEAST CORNER OF 30' WIDE ACCESS EAS�MENT 30'
WIDE ACCESS EASEMENT
FENCE AT EXISTING FLARE ACCESS EASEMENT L15 00STATION SEGMENT 1 , INDIANINUS
RIVER COUNTY LANDFILLEAST LINE TRACT 9
ENT
EQDINT UIPMENT EASEMENT TRACT 10 I TRACT 9
NOT INCLUDED NOT INCLUDED BARTER ASSOCIATES, INC.
ICONSULTING ENGINEERS AND LAND SURVEYORS
1708 21sf STREET AServing Florida
VERO BEACH, FLORIDA 32960 772-562, 7180419 ?
72-562- 71180 (PHONE)
)E)
1. Since 1911 0 100 200
SCALE. ( I Inch = 200 Feet) DATE: 11 - 02 - 11 BY SG H. SCALE: 1 "=2000
11 - 371S DWG. /1 19110 —A2
SHEET 2 OF 2
SKETCH OF DESCRIPTION
PART OF TRACTS 7 AND 8, SECTION 25,
TOWNSHIP 33 SOUTH, RANGE 38 EAST
INDIAN RIVER FARMS COMPANY SUBDIVISION
INDIAN RIVER COUNTY, FLORIDA . DESCRIPTION:
n a I A 10.00 FEET WIDE GAS LINE EASEMENT, BEING 5.00 FEET EACH SIDE OF THE FOLLOWING
DESCRIBED
s
n II n o hI ' CENTERLINE, LYING AND BEING IN A PORTION OF TRACTS 7 AND 8, SECTION
25, TOWNSHIP 33 SOUTH , RANGE 38
EAST ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION
ry m aII AS RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY,
FLORIDA, NOW LYING
WEST 112 OF TRACT 1 ��" n m' AND BEING IN INDIAN RIVER COUNTY, FLORIDA. SAID CENTERUNE BEING
MORE PARTICULARLY DESCRIBED AS
EAST ®F �70FNING 3.A%.657 SAFAW FEET �e FOLLOWS:
.EtICT TRACT s9.,1 .wEs w
ME mor AIDDLIDED w ITss a m� IFI COMMENCING AT THE NORTHEAST CORNER
OF SAID TRACT 8 RUN NORTH 89041 '12' WEST ALONG THE NORTH
III _
LINE OF TRACT 8 A DISTANCE OF 1233.90 FEET TO A POINT; THENCE LEAVING SAID NORTH UNE, RUN SOUTH
A, o
N 00°00'48' EAST A DISTANCE OF 461 . 12 FEET TO THE POINT OF BEGINNING OF SAID CENTERLINE; FROM
SAID
POINT OF BEGINNING CONTINUE SOUTH 00°00'48" EAST A DISTANCE OF 835.72 FEET TO A POINT LYING 5.00
FEET
y NORTHERLY OF THE NORTH RIGHT-OF-WAY LINE OF INDIAN RIVER FARMS WATER CONTROL DISTRICT
LATERAL
C-5 CANAL (60 FEET WIDE RIGHT-0F-WAY): THENCE RUN NORTH 89042'28" WEST ALONG A UNE LYING 5.00
FEET
O NORTHERLY OF, PARALLEL WITH AND NORMAL TO SAID NORTH RIGHT-OF-WAY A DISTANCE OF 902.77
FEET TO A
POINT; THENCE LEAVING SAID PARALLEL LINE, RUN SOUTH 00° 17'50" WEST A DISTANCE OF 5.00 FEET TO
A POINT
ON SAID NORTH RIGHT OF WAY UNE AND POINT OF TERMINUS OF THE DESCRIBED CENTERUNE.
FOUND 5/8'o IRON ROD & ' FOUND 1 /2.0 IRON ROD & CAP
CAP STAMPED 'LB 4644• STAMPED "CARTER ASSOC." I�POINT OF COMMENCEMENT THE SIDE LINES OF SAID 10.00 FEET WIDE
GAS LINE EASEMENT TO BE PROLONGED OR SHORTENED ATALL
_ TRACT LINE (0. 12' N. 0. 16'W) ' N 89.41 '12' W 1233. 90' (BEARING BASIS) I/ I NORTHEAST CORNER of POINTS
OF INTERSECTION, LAND LINES AND RIGHT-OF-WAY LINES.
TRACT B
N 89'41 ' 12e W 665. 13 (C) N 89'41 '12" W 665.13'(C) N 89'41 '12" W 128628'(6BS) �
THE NORTH LINE OF TRACT 8� I I >A
SAID EASEMENT CONTAINING 17435.00 SQUARE FEET, MORE OR LESS
mI I =I
FOUND 1 IRON ROD & CAP- I < F
W7NE55 -NOT LEGIBLE +{�� ED I� 1
(10' OFFSET WEST) n I m
b
ET im
z I SET 1 /2'0 IRON ROD & CAP o I I
POINT OF BEGIANING STAMPED "CARTER ASSOC. N ' I
N 89'42'07' W 1200. 54'(OBS)
PROPOSED CENTER'-INE OF I r1
10' WIDE GAS LINE EASEMENT 1 N 89'42'07" W 1280.54'(OBS) IICC�� n SURVEYOR'S GENERAL NOTES AND
REPORT:
ry _ FOUND DwLB IRON ROD & CAP I 1
PROPOSED 10' WDC STAMPED LB 46x4'
(S es'az'o7' E so.00') Io
FIT
GAS LINE EASEMENT 1 . UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND
f e o FOUND 5/8"o IRON ROD & CAP I MAPPER, THIS DRAWING, SKETCH, PLAT OR MAP IS FOR
INFORMATIONAL PURPOSES ONLY AND IS NOT VAUD.
STAMPED LB 7673"
-° (o.47'SOUTH. 3.9TEAST) I ' 2. BEARINGS SHOWN HEREON ARE BASED UPON THE NORTH AMERICAN DATUM OF
1983, ADJUSTMENT OF 1999,
z IN
TE o I of AND ARE PROJECTED IN THE FLORIDA STATE PLANE COORDINATE SYSTEM, FLORIDA EAST
ZONE (901) AND ARE
TRACT REFERENCED TO THE ESTABLISHED AND MONUMENTED LINE SHOWN HEREON LABELED AS THE BEARING BASIS.
m n3. ALL BOUNDARY DIMENSIONS USED, INCLUDING BUT NOT LIMITED TO BEARINGS, ANGLES AND DISTANCES
o
NOIENCLUIDEDTRACT e z o I ; I S) ARE PREDICATED UPON BOUNDARY SURVEY BY CARTER ASSOCIATES, INC. JOB NO. 11
-212S, DATED FEBRUARY,
NDT IJaL� 2011 . ALL DIMENSIONS SHOWN HEREON ARE DISPLAYED IN U.S. SURVEY FEET AND DECIMAL PARTS
THEREOF.
m ` m 50.00' ADDITIONAL R/w ' " 4. THIS IS A SKETCH AND DESCRIPTION OF A PROPOSED UTILITY EASEMENT
ONLY AND NOT A BOUNDARY
w IIZ ` Deolcnrco To IrvolgN --I �m
RIVER COUNTY -i IJ SURVEY. THIS PROPERTY WAS NOT ABSTRACTED OR RESEARCHED BY THIS OFFICE
FOR ANY ENCUMBRANCES
o I _r_`� OF RECORD. THE HEREON DESCRIBED PROPERTY IS SUBJECT TO RESTRICTIONS, RESERVATIONS,
EASEMENTS
DEED BOOK 110 PAGE 57 I
' - 50.00' AND RIGHTS-OF-WAY OF RECORD, IF ANY. MATTERS OF RECORD NOT BROUGHT TO THE
SURVEYOR'S
PROPOSED 6- MOPE GAS o G I `^ I —, I-50. 00' ATTENTION BY THE CLIENT, THEIR AGENT OR AS DISCLOSED BY
A FURNISHED TITLE INSURANCE POLICY ARE
LINE (5' NORTH OF LATERAL CANAL c- s so' RESERVED FOR Rcao '� -1 -+30. 00' NOTINCLUDED.
R.GI, NE OF WAV LINE) oz AND CANAL) PER INDIAN RIVER FARMS COMPANY
PROPOSED CENTER-.N- 0� I SUBDIVISION PLAT BOOK 2. PAGE 25. PUBLIC
- _ S 0017'50' W 10' WDE GAS LINE EASEMENT I RECORDS ST. LUCIE COUNTY, FLORIDA
5.00' _1 I / 30.00' /1I FOUND PK NAIL & DISC
(NORTH 4GI+.T- pF- Wqv LATERAL C- 5 LANA- ( ( STAMPED CARTER LB 205
�im�.e�ov�N 89'4224 W 9C2. ]2� _ _ _� j N 8`'42'28 W ' 281 . 0)3 0- - - - - - iii///
� _ JOINT q�TE NY:y QL' N �b9'4228w 1331 .-03' _ _ _ — _ Ta ACT LILAC &_ t sEcn N LIN[
^ EXISTING FENCE PROPOSED 10 WIDE 3000 T S OG e
I ' LNE GAS LINE EWSEMENT _� T �
PROP05ED 6' I
MUPE GAS L NE'8-chef . .. e T
ASP lT
AND xSi:NG -. - -_� ..�._ _..... -.
PAD FOR FARE RIRIVER
GTATDN SDA ONASEx NER OF CARTER ASSOCIATES INC.
N ORFENCE AT F NG F ARE ASTA7! NEGMENT ^, INDIAN
NDITY ( I / I CONSULTING ENGINEERS AND LAND SURVEYORS
%o zoo 400 1708 21st STREET 772-562-4191
(PHONE)
Serving Florida l / VERO BEACH, FLORIDA 32960 772-562- 7180 (FAX)
JL _ L
Since 1911 SCALE: ( 1 Inch = 400 Feet) DAVID E . LUETH IE , F . S . M . sIGr1A RE ATE
FLORIDA LICENSE No . 5728 DATE: 10 - 17- 11 . BY SG H, SCALE: 1 "= 400 '
11 - 371S DWG. ,( 19110 —A
REVISED : '10 - 24- 11 CHANGED GAS I_ ' NE 10 6 " SG . CARTER ASSOCIATES , INC . LB 205
SHEET 1 OF 1
EXHIBIT B - I "
FORM OF GRANT OF NON - EXCLUSIVE EASEMENT FOR LANDFILL GAS
EQUIPMENT AND PIPELINE
27184566
IHIS DOCUMENT HAS BEEN
EXHIBIT " B - 1 " RECORDED IN THE PUBLIC RECORDS
OF INDIAN RIVER COUNTY F1
THIS INSTRUMENT PREPARED BY AND RETURN TO : 01 / 2546 Pit :4!2012 pit U33 :: 6 .15 PK
D of 6
0110 D DOCTAX PD
BERNARD A. CONKO, ESQ . $0 , 70
COHEN , NORRIS , SCHERER, WEINBERGER & WOLMER
712 U . S . HIGHWAY ONE.. SUITE 400 JEFFREY K BAR ION . CLERK OF
NORTH PALM BEACH , FL 33408 COURT
GRANT OF NON-EXCLUSIVE EASEMENT
FOR LANDFILL GAS EQUIPMENT AND PIPELINE
THIS EASEMENT is made , granted and entered into this 13thday of December, 2011 , by
INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT , a dependent special district of
Indian River County , Florida , (hereinafter referred to as " Grantor" ) , to INEOS NEW PLANET
BIOENERGY , LLC , its successors and assigns , whose real property is adjacent to the real property of
the Grantor, (hereinafter referred to as " Grantee) .
WITNESSETH
That Grantor, for and in consideration of the sum of Ten Dollars ($ 10 . 00) in hand paid by the
Grantee and other good and valuable consideration , the receipt of which is hereby acknowledged , does
hereby grant to the Grantee, its successors and assigns , a non-exclusive easement which shall permit
Grantee authority to enter upon the Easement Property of the Grantor, including the flare station pad
constructed thereon , at any time during the Grantor ' s normal business hours and at other times upon
receiving the Grantor' s prior consent, which shall not be unreasonably withheld or delayed , to install,
operate, maintain , service, construct, reconstruct, remove , relocate, repair, replace , improve, and
inspect the Grantee ' s Landfill Gas Assets and other improvements that are located in , on , over, under,
and across the Easement Property . The Grantee ' s Landfill Gas Assets include, but are not limited to ,
the Grantee ' s pipelines , wires , compressors , coolers , metering equipment, valves , controls and other
related equipment for the measurement, transmission , connection , handling , monitoring and
management of landfill gas (collectively, the " Facilities ") .
The Easement Property hereby granted covers that certain land lying, situate and being in
Indian River County , Florida , and being more particularly described as follows :
SEE EXHIBIT " A" ATTACHED HERETO AND MADE A PART HEREOF
together with the right and privilege from time to time to reconstruct, inspect, alter, improve, enlarge,
replace, remove or relocate such Facilities and with all rights and privileges necessary or convenient for
the full enjoyment or use thereof for the herein-described purposes , including , but not limited to the
right to cut and keep clear all trees and undergrowth and other obstructions within said area that may
interfere with the proper construction , operation and maintenance of such Facilities , the right to mark
the location of any underground Facilities by above-ground and other suitable markers and the right of
ingress , and egress for personnel and equipment of Grantee, its contractors , agents , successors or
assigns , over the adjoining lands of the Grantor, for the purpose of exercising and enjoying the rights
granted by this easement and any or all of the rights granted hereunder.
C. OUNW ATTORNEY ' S OFFICE
INDIAN RIVER COUNTY
1801 27th Street
Vero Beach , Florida 32960
The Grantor, however, reserves the right and privilege to use the above-described property for
any such purposes suitable to the Grantor except as might interfere or be inconsistent with the use ,
occupation , maintenance or enjoyment thereof by Grantee or its successors or assigns , or as might cause
a hazardous condition .
It is understood and agreed that this easement will continue in effect for the benefit of Grantee,
its successors and assigns until the occurrence of the first of the following events : (a) the easement is no
longer used by Grantee , its successors and assigns, for the purpose for which this grant is provided ; (b)
the Feedstock Supply Agreement (dated July 15 , 2011 ) between the Grantor and the Grantee is
terminated or expires and is not replaced by another agreement requiring the same easement; or (c) the
Landfill Gas Interconnect Agreement (dated December 3th, 2011 ) between the Grantor and Grantee
is terminated or expires and is not replaced by another agreement requiring the same easement. At
such time as one of these three events occur, the rights herein granted shall terminate and full use of the
Easement Property shall be enjoyed by Grantor, its successors or assigns , and Grantee shall execute a
release of all rights under this grant of easement.
Grantor hereby covenants with Grantee that it is lawfully seized and in possession of the real
property herein described and that it has good and lawful right to grant the aforesaid easement free and
clear of mortgages and other encumbrances unless specifically stated to the contrary .
IN WITNESS WHEREOF , the Grantor has hereunto set its hand and affixed its seal of the
date first above written .
ATTEST : GRANTOR .
Jeffrey K. Barton , Clerk INDIAN RIVER COUNTY SOLID WASTE
•G13 MISslp� DISPOSAL DISTRICT , a dependent special
J���. • �FyJ;district of Indian River County, Florida
' I
r
beputy Clerk s :Q Gary heeler, Chairman
04 a R goo*
BCCApprovaldate : 12 - 13 - 11
Print Name ge
MMy° +•r
APPROVED AS TO LEGAL
FORM AND SUFFICIENCY : Ji
JJJ
y : ,
j Ian S . Polackwich , Sr.
1 d � County Attorney
EXHIBIT " A"
LEGAL DESCRIPTION
SKETCH OF DESCRIPTION
PART OF TRACT 70, SECTION 25,
TOWNSHIP 33 SOUTH, RANGE 38 EAST
INDIAN RIVER FARMS COMPANY SUBDIVISION
INDIAN RIVER COUNTY, FLORIDA .
DESCRIPTION : SURVEYOR' S GENERAL NOTES AND REPORT:
AN EQUIPMENT EASEMENT, LYING AND BEING IN A PORTION OF TRACT . SS IT BEARS THE SIGNATURE AND THE ORIGINAL
RAISED
SEAL UND SURVEYOR AND MAPPER , THIS
UNLESS
A FLORIDA LICENSE
10, SECTION 25, TOWNSHIP 33 SOUTH , RANGE 38 EAST ACCORDING TO 1
THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS DRAWING , SKETCH , PLAT SE MAP IS FOR INFORMATIONAL
COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK 2 , PAGE 25 OF
THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW LYING PURPOSES ONLY AND IS NOT VALID .
AND BEING IN INDIAN RIVER COUNTY, FLORIDA. BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS. 2 . BEARINGS SHOWN HEREON ARE BASED UPON THE NORTH
AMERICAN DATUM OF 1983, ADJUSTMENT OF 1999, AND ARE
COMMENCING AT THE NORTHEAST CORNER OF TRACT 9, SECTION 25. PROJECTED IN THE FLORIDA STATE PLANE COORDINATE
TOWNSHIP 33 SOUTH , RANGE 38 EAST OF THE AFOREMENTIONED PLAT SYSTEM , FLORIDA EAST ZONE (901 ) AND ARE REFERENCED
TO
OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION RUN THE ESTABLISHED AND MONUMENTED LINE SHOWN HEREON
SOUTH 00014'48" WEST ALONG THE EAST LINE OF SAID TRACT 9 A LABELED AS THE BEARING BASIS .
DISTANCE OF 149 . 55 FEET TO A POINT, THENCE LEAVING SAID EAST
LINE OF TRACT 9 , RUN NORTH 89°42'28" WEST, PARALLEL WITH AND 3, ALL BOUNDARY DIMENSIONS USED , INCLUDING
BUT NOT
NORMAL TO THE NORTH LINE OF SAID TRACT 9 AND TRACT 10, LIMITED TO BEARINGS , ANGLES AND DISTANCES ARE
SECTION 25, A DISTANCE OF 2173. 18 FEET TO A POINT, THENCE RUN PREDICATED UPON BOUNDARY SURVEY BY CARTER
NORTH 00008'29" WEST A DISTANCE OF 15. 00 FEET TO THE POINT OF ASSOCIATES , INC . JOB NO , 11 -212S, DATED FEBRUARY,
2011 . ALL
BEGINNING . FROM SAID POINT OF BEGINNING CONTINUE NORTH DIMENSIONS SHOWN HEREON ARE DISPLAYED IN U . S. SURVEY
00008'29" WEST A DISTANCE OF 104. 55 FEET TO THE SOUTH FEET AND DECIMAL PARTS THEREOF.
RIGHT-OF-WAY LINE OF SUB- LATERAL C -5 CANAL, ( INDIAN RIVER FARMS
WATER CONTROL DISTRICT 60 FEET WIDE RIGHT-OF-WAY, AS 4, THIS IS A SKETCH AND DESCRIPTION OF A PROPOSED
RECORDED IN PLAT BOOK 2 , PAGE 25 PUBLIC RECORDS OF ST. LUCIE EQUIPMENT EASEMENT ONLY AND NOT A BOUNDARY SURVEY.
COUNTY, FLORIDA , NOW LYING AND BEING IN INDIAN RIVER COUNTY, THIS PROPERTY WAS NOT ABSTRACTED OR RESEARCHED BY
FLORIDA) , THENCE RUN SOUTH 89042'28" EAST ALONG SAID SOUTH THIS OFFICE FOR ANY ENCUMBRANCES OF RECORD. THE
RIGHT-OF-WAY LINE, PARALLEL WITH AND NORMAL TO THE NORTH HEREON DESCRIBED PROPERTY IS SUBJECT TO RESTRICTIONS,
LINE OF SAID TRACT 10 , A DISTANCE OF 83.00 FEET, THENCE LEAVING RESERVATIONS , EASEMENTS AND RIGHTS-OF-WAY OF
RECORD ,
SAID SOUTH RIGHT-OF-WAY LINE , RUN SOUTH 00008'29" EAST A IF ANY. MATTERS OF RECORD NOT BROUGHT TO THE
DISTANCE OF 104 . 55 FEET, THENCE RUN NORTH 89042'28" WEST, SURVEYOR'S ATTENTION BY THE CLIENT. THEIR AGENT OR
AS
PARALLEL WITH AND NORMAL TO SAID NORTH LINE OF TRACT 10, A DISCLOSED BY A FURNISHED TITLE INSURANCE POLICY ARE NOT
DISTANCE OF 83 . 00 FEET TO THE POINT OF BEGINNING . INCLUDED .
SAID EASEMENT CONTAINING 8677 . 65 SQUARE FEET OR 0.20 ACRES,
MORE OR LESS 5, THIS SKETCH OF DESCRIPTION CONSISTS OF TWO SHEETS
ONE IS NOT VALID UNLESS BOTH SHEETS ARE PRESENT.
serving Florida ICARTER ASSOCIATES, INC.
Since 1911 CONSULTING ENGINEERS AND LAND SURVEYORS
1708 21st STREET 772-562- 4191 (PHONE)
`y VERO BEACH, FLORIDA 32960 772-562- 7180 (FAX)
,)Ad) E . Lli [ P . M . CtiAT D DATE: 11 - 02 - 11 BY SG H. SCALE 1
"= 200 ' 11 - 3715 DWG . f/ 19110 - A2
=_071 A I IC V No . 2723 SHEET 1 OF 2
REVISED : 12 - 08 - 11 TYPE OF EASEMENT PER CLIENT, SG rAR - LR AS50C A- LS , INC . IH 205
t
f I i I z
D
I y I
SKETCH OF DESCRIPTION 1 m
PART OF TRACTS 9 AND 10, SECTION 25, n
I I
TOWNSHIP 33 SOUTH, RANGE 38 EAST
INDIAN RIVER FARMS COMPANY SUBDIVISION m m
INDIAN RIVER COUNTY, FLORIDA . A r �
Ln
�� t Ln r I „ m � IrZiA
� 1m oo a o o rz n
� � mm
TR!/-ll/L�J� 2n
Z � C)
NOT l� � U®�INCLUDED TRACT 8
_
o I\1 I Z o NOT INCLUDED L � I a
50. 00' ADDITIONAL R /W tO m
w DEDICATED TO INDIAN r � I A
RIVER COUNTY
o DEED BOOK 110 PAGE 57
O ¢ D
FOUND PK NAIL & DISC
PROPOSED 6 " MDPE GAS LINE j STAMPED " CARTER LB 205 " o
( 5' NORTH OF RIGHT- OF- WAY LINE NORTHEAST CORNER TRACT 9
h� SUB - LATERAL CANAL C- 5 ( 60 ' RESERVED FOR ROAD POINT OF COMMENCEMENT
PROPOSED 6 " MOPE PROPOSED CENTERLINE OF PROPOSED 10' WIDE it AND CANAL) PER INDIAN RIVER FARMS
COMPANY PROPOSED EQUIPMENT —►II 50'
GAS LINE AND 10' WIDE GAS LINE EASEMENT GAS LINE EASEMENT I SUBDIVISION PLAT BOOK 2, PAGE 25, PUBLIC
EASEMENT I 50'
EXISTING PAD FOR i x30. 00' RECORDS ST. LUCIE COUNTY, FLORIDA 130,1
EQUIPMENT SITE _ _ �i 1 ��NORTH RIGHT- OF- WAY SUB - LATERAL C- 5 CANAL
- - - i N 89 '42 28" W 1281 . 03,( R ) _
N 89642 '28 " W 902 7T - - - - -
- 89 '42 28 ' W 11331 _03' R _ _ � - - - -- - 3
3 $3-.�0' � � ��NORTH LINE OF TRACT 9 & 1 /4 SECTION LINE 3j
�
NORTH LINE OF TRACT 10 & 1 /4 SECTION LINE 60 . 00' 15.00 ,� '
w o PROPOSED 30 00 IDE ;n
m a o SOUTH RIGHT- F- WAY 30 pp � RIGHT OF- WAY 15. 00' ACCESS EASEMENT ?
�n I
15. 00 ' SUB - LATERAL - 5 CANAL
m Iy� j
1 � `4Z`2V��1ZS� - _
N 894228 W — T - - — — - - - -
N 00'08' 29 " W L 1
15. 00' 8300 75. 00 ' CENTERLINE OF PROPOSED PROPOSED 30 . 00' WIDE CENTERLINE OF PROPOSED 1
15. 00
NORTHEAST CORNER OF 30' WIDE ACCESS EASEMENT 30 ' WIDE ACCESS EASEMENT
- � — FENCE AT EXISTING FLARE ACCESS EASEMENT L15. 00 '
STATION SEGMENT 1 , INDIAN I
POINT OF TERMINUS RIVER COUNTY LANDFILL
ACCESS EASEMENT EAST LINE TRACT 9
CINT OF /(��� {IIS ///111 //^ -/,r
EQUIPMENTS EASEMENT TRACT 110 TRACT g
NOT INCLUDED NOT INCLUDED
CARTER ASSOCIATES, INC.
CONSULTING ENGINEERS AND LAND SURVEYORS
17GB 21st STREET 772 -562- 4191
(PHONE)
Serving Florida VERO BEACH, FLORIDA 32960 772- 562- 7180 (FAX)
Since 1911 G JL 100 200
A__ . — zoo ,�, � r;
DATE: 11 - 02 - 11 13Y SG H. SCALE: 1 "=200 ' 11 - 371S DWG. # 19170
-A2
SHEET 2 OF 2
SKETCH OF DESCRIPTION
PART OF TRACTS 7 AND 8, SECTION 25,
TOWNSHIP 33 SOUTH, RANGE 38 EAST
INDIAN RIVER FARMS COMPANY SUBDIVISION
INDIAN RIVER COUNTY, FLORIDA . DESCRIPTION:
a ( A 10.00 FEET VIDE GAS LINE EASEMENT, BEING 5.00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED
F
CENTERLINE. LYING AND BEING IN A PORTION OF TRACTS 7 AND 8, SECTION 25, TOWNSHIP 33 SOUTH,
RANGE 38
EAST ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION
n
AS RECORDED I
DE N PLAT BOOK 2. PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY FLORIDA N LYING
I NOW IkEST 4'�2ll(� /� OF � �'
� V O ni m AND BEING IN INDIAN RIVER COUNTY , FLORIDA. SAID CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS
EAST it SITT
_ _ FOLLOWSOR �9 H ACRES MORE OR LCSS :
31
NDTNCLLD® 7 h EE COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 8 RUN NORTH 89041 '12" WEST
ALONG THE NORTH
m < ^j ii LINE OF TRACT 8 A DISTANCE OF 1233.90 FEET TO A POINT; THENCE LEAVING SAID NORTH
LINE, RUN SOUTH
b c 00000'48" EAST A DISTANCE OF 461 . 12 FEET TO THE POINT OF BEGINNING OF SAID CENTERLINE;
FROM SAID
o
POINT OF BEGINNING CONTINUE SOUTH 00000'48" EAST A DISTANCE OF 835.72 FEET TO A POINT LYING
5.00 FEET
Z - - NORTHERLY OF THE NORTH RIGHT-OF-WAY LINE OF INDIAN RIVER FARMS WATER CONTROL DISTRICT
LATERAL
o I , m C-5 CANAL 60 FEET WIDE RIGHT-OF-WAY) : THENCE RUN N
D ( ) NORTH 89°42'28" WEST ALONG A LINE LYING 5.00 FEET
O c NORTHERLY OF, PARALLEL WITH AND NORMAL TO SAID NORTH RIGHT-OF-WAY A DISTANCE OF 902.77 FEET
TO A
POINT, THENCE LEAVING SAID PARALLEL LINE, RUN SOUTH 00°17'50" WEST A DISTANCE OF 5.00 FEET TO
A POINT
ON SAID NORTH RIGHT OF WAY LINE AND POINT OF TERMINUS OF THE DESCRIBED CENTERLINE.
FOUND 5/8 a IRON ROD $
CAP STAMPED B 46440/2"o IRON ROD & CAP
2" W
•aAc Nr- � (o. 1 a' N, ala W STEAM. D CARTER Assoc_" o NT of CCVVENCEMEN r THE SIDE LINES OF SAID
10.00 FEET WIDE GAS LINE EASEMENT TO BE PROLONGED OR SHORTENED AT ALL
_ - N a9 a1 � z' Wzaa90 (a AR.Nc BAss) j NOR R AsCORNER of POINTS OF INTERSECTION, LAND LINES
AND RIGHT-OF-WAY LINES.
.V 8941 '166s. 13 (c) N 894112 W 66513'(c) 7 ' N 894Y12 ' ri ' 2x0. 29 ( yes; I TRACT 8
zLL 4c n -1-E NORTP I-:NE or TRACT ems/ n ' SAID EASEMENT CONTAINING 17435.00 SQUARE FEET..
MORE OR LESS
/ {r
I FOJND 1 /2"0 IRON ROC & CAPJ
WITNESS mNOT LEGBLE"
(10' OF=SET
Q 31 rn
o � 0 r
n
SET /z"m IRON ROD & CAP o m
¢_ PONT OF BEG:NNI.vG STAMPED 'CARTER AS SOC. 'S r
N 89'42'01" W : 2 CO_s4'(OB S) A
PROPOSED CENTERLINE OF r r �� ri
10' WIDE GAS LINE EASEM_NT N a9'az oT" w 1zaD. 54 (oes SURVEYOR'S GENERAL NOTES AND REPORT.
FCUNG /2 IRON Roo & CAP D
PROPOSED 10 WIDE STAMP C LB 4664" I Z
DAs ❑NE EASEMENT (s e9 az D2 E .,o. oc'7 1 . UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND
FOJNP /a 67 ROD & CAP ' MAPPER, THIS DRAWING SKETCH PLAT OR MAP IS FOR INFORMATIONAL
PURPOSES ONLY AND IS NOT VAUD.
STAMPED LB ]673'
( o. asou T.I. 3. s]'EAsr; 2. BEARINGS SHOWN HEREON ARE BASED UPON THE NORTH AMERICAN DATUM OF 1983,
ADJUSTMENT OF 1999
o
7ofAND ARE PROJECTED IN THE FLORIDA STATE PLANE COORDINATE SYSTEM FLORIDA EAST ZONE (901 ) AND ARE
TRACT1 NO r REFERENCED TO THE ESTABLISHED AND MONUMENTED LINE SHOWN HEREON LABELED AS THE BEARING BASIS.
IJor /J�I.GED '3 ill w �� �p e I 3. ALL BOUNDARY DIMENSIONS USED, INCLUDING BUT NOT LIMITED TO
BEARINGS , ANGLES AND DISTANCES
UE ARE PREDICATED UPON BOUNDARY SURVEY BY CARTER ASSOCIATES, INC . JOB NO. 11 -2125, DATED
FEBRUARY,
Co
o � I:OT nLyIAED I3 `o 2011 . ALL DIMENSIONS SHOWN HEREON ARE
DISPLAYED IN U.S . SURVEY FEET AND DECIMAL PARTS THEREOF.
'
50 PC AoolnoNA_ R/w 4. THIS IS A SKETCH AND DESCRIPTION OF A PROPOSED UTILITY EASEMENT ONLY
AND NOTA BOUNDARY
'
„ � o DEDICATED TO INDIAN -- m '� SURVEY. THIS PROPERTY WAS NOT ABSTRACTED OR RESEARCHED
BY THIS OFFICE FOR ANY ENCUMBRANCES
RIVER COUNTY 1 ^ y OF RECORD. THE HEREON DESCRIBED PROPERTY IS SUBJECT TO RESTRICTIONS , RESERVATIONS
, EASEMENTS
DEED BOOK 10 PAGE 51 � 1
AND RfGHT
-� so. oc' SOF-WAY OF RECORD, IF ANY . MATTERS OF RECORD NOT BROUGHT TO THE SURVEYOR'S
PRcaoseo s " MCPE DAs - — 0o. 0� ATTENTION BY THE CLIENT, THEIR AGENT OR AS DISCLOSED BY A FURNISHED
TITLE INSURANCE POLICY ARE
LnNE (s' NORTH or II __ I� 14- 3aoo' NOT INCLUDED.
LATERAL CANAL RESERVED R'GN � or wnv -T , - L c S (6•) � oR LOAD l
LINE. r �
�I AND CANAL) PER INDIAN RIVER FARMS COMPANY
PROPOSED CENTERL� N� OF— SJBDVISiON PLAT K PA
B00 2. Lc 25. PUBLIC
- S 001750" W 10 W' CE GAS LINE ' ASCMEM1 - I I RECORDS S CI OUM1T LOR',CA
_ _. Do . ! ) v . 1- 70 000 4— ca ,T o TER C- 5 c n_ s nN�EOKcn� & Le szos
N 89 42 28 W 902_.ti ( _ I N `9 28 281 0�"2 — -_
T
(. N ? Q TERMINQJ 'J M1 89 28 n 3 G v - ` LNE K7 EC HT'N 7
— I
T xlsTNCF NCE PRD�-os w � - -� J — t6o oC' — —
PR o5 O fi ' I ELI V_ GAS ! IN EWSEM. NT 3 "0 _ A i
VDPE CAS
ANN E \ AS°' AIT -
PA� FOR FLARE —
DlAiONRT- AT GDRN R GF CARTER ASSOCIATES INC.
�FENCEA . ARE t 1 I
STA719N sr MrA TGIAn. Ri' F C Tt �� i
INDIAN 2 T 2 .44) , 'v CONSULTING ENGINEERS AND LAND SURVEYORS
A ,f 1708 21st STREET 772-562-4191 (PHONE)
Serving Florida ��� — ii
_ __� VERO BEACH, FLORIDA 32960 772-562- 7180 (FAX)
Since 1911 e 200 sac
SCI ; ( , c , = 40G Fen () TAVID L LJT HJ '- . Ull SIGPu RE �N ', E
FOR DA I_ R: ENS � INO . 568 r
DATE: 10 - 17- 11 BY SG H. SCALE: 1 "= 400 • 11 - 3715 DWG. #
19110 —A
3FVISL. D : — 24 — ' 1 ' hA^ - D C' A� IIVF Tr 2FlR R ASSOCIN `;_S , I 'B' C , LB 20S
SHEET 1 OF 1
EXHIBIT " 13 -2 "
FORM OF GRANT OF NON- EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS
2184561
THIS DOCUMENT HAS BEEN
EXHIBIT " 13 -2 " RECORDED IN THE PUBLIC RECORDS
OF INDIAN RIVER COUNTY FL
BK : 2546 1`6 : 2162 , Pagel 1 )1 ,5
THIS INSTRUMENT PREPARED BY AND RETURN TO : 01 /04/2012 at 03 : 15 PM , D DOCTAX PD
BERNARD A . CONKO, ESQ . $0 - 70
COHEN , NORRIS , SCHERER, WEINBERGER & WOLMER
712 U . S . HIGHWAY ONE , SUITE 400 JEFFREY K BARTON . CLERK OF
NORTH PALM BEACH , FI , 33408 COURT
GRANT OF NON-EXCLUSIVE EASEMENT
FOR ACCESS
THIS EASEMENT is made, granted and entered into this 13th day of December, 2011 , by
INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT , a dependent special district of
Indian River County , Florida , (hereinafter referred to as " Grantor") , to INEOS NEW PLANET
BIOENERGY, LLC , its successors and assigns, whose real property is adjacent to the real property of
the Grantor, (hereinafter referred to as " Grantee) .
WITNESSETH
That Grantor, for and in consideration of the sum of Ten Dollars ($ 10. 00) in hand paid by the
Grantee and other good and valuable consideration , the receipt of which is hereby acknowledged , does
hereby grant to the Grantee, its successors and assigns , a non-exclusive easement which shall permit
Grantee authority to enter upon the Easement Property of the Grantor at any time during the
Grantor ' s normal business hours and at other times upon receiving the Grantor' s prior consent, which
shall not be unreasonably withheld or delayed , for ingress and egress to the Grantee ' s Landfill Gas
Assets located on Grantor' s property, to install, operate, maintain , service, construct, reconstruct,
remove , relocate, repair, replace , improve , and inspect the Grantee ' s Landfill Gas Assets and other
improvements that are located in , on , over, under, and across the Grantor ' s property. The Grantee ' s
Landfill Gas Assets include, but are not limited to , the Grantee ' s pipelines , wires , compressors , coolers ,
metering equipment, valves , controls and other related equipment for the measurement, transmission ,
connection , handling , monitoring and management of landfill gas (collectively, the " Facilities ") .
The Easement Property hereby granted covers that certain land lying, situate and being in
Indian River County, Florida , and being more particularly described as follows :
SEE EXHIBIT " A" ATTACHED HERETO AND MADE A PART HEREOF
together with the right and privilege from time to time to alter, repair and improve if necessary , the
Easement Property for ingress and egress purposes , and with all rights and privileges necessary or
convenient for the full enjoyment or use thereof for the herein-described purposes , including , but not
limited to the right to cut and keep clear all trees and undergrowth and other obstructions within said
area that may interfere with the proper use of such Easement Property , and the right of ingress and
egress for personnel and equipment of Grantee , its contractors , agents , successors or assigns , for the
purpose of exercising and enjoying the rights granted by this easement and any or all of the rights
granted hereunder.
COUNTYATTORNEY' S OFFICE
INDIAN RIVER COUNTY
1801 27th Street
Vero Beach , Florida 32960
The Grantor, however, reserves the right and privilege to use the above-described property for
any such purposes suitable to the Grantor except as might interfere or be inconsistent with the use,
occupation , maintenance or enjoyment thereof by Grantee or its successors or assigns, or as might cause
a hazardous condition .
It is understood and agreed that this easement will continue in effect for the benefit of Grantee,
its successors and assigns until the occurrence of the first of the following events : (a) the easement is no
longer used by Grantee, its successors and assigns , for the purpose for which this grant is provided ; (b)
the Feedstock Supply Agreement (dated July 15, 2011 ) between the Grantor and the Grantee is
terminated or expires and is not replaced by another agreement requiring the same easement; or (c) the
Landfill Gas Interconnect Agreement (dated December 13t h, 2011 ) between the Grantor and Grantee
is terminated or expires and is not replaced by another agreement requiring the same easement. At
such time as one of these three events occur, the rights herein granted shall terminate and full use of the
Easement Property shall be enjoyed by Grantor, its successors or assigns , and Grantee shall execute a
release of all rights under this grant of easement.
Grantor hereby covenants with Grantee that it is lawfully seized and in possession of the real
property herein described and that it has good and lawful right to grant the aforesaid easement free and
clear of mortgages and other encumbrances unless specifically stated to the contrary.
IN WITNESS WHEREOF , the Grantor has hereunto set its hand and affixed its seal of the
date first above written .
ATTEST : GRANTOR :
Jeffrey K. Barton , Clerk INDIAN RIVER COUNTY SOLID WASTE
" " " " " Y •44 , DISPOSAL DISTRICT , a dependent special
MM 'S
" `1 �� ,094 °. district of Indian River County , Florida
ce) ': ♦c
By . —� . � - Wit ._ BY :
� _ ;
Seputy Clerk :oQ� Gary eeler, Chairman
Lt,c g .,_ ev .. y • • . :. . ... . • ' ..
'`•��NERCOU '""
Print Name BCC Approval date : 12 - 13 - 11
YYYYYY■ YYY
APPROVED AS TO LEGAL
FORM AND SUFFCIEN.CYS
y :
Alan S . Polackwich , Sr.
County Attorney
EXHIBIT " A "
LEGAL DESCRIPTION
SKETCH OF OESCRIP TION
PART OF TRACTS 9 AND 70, SECTION 25,
TOWNSHIP 33 SOUTH, RANGE 38 EAST
INDIAN RIVER FARMS COMPANY SUBDIVISION
INDIAN RIVER COUNTY, FLORIDA .
DESCRIPTION: SURVEYOR'S GENERAL NOTES AND REPORT:
A 30. 00 FEET WIDE ACCESS EASEMENT, LYING AND BEING IN A
PORTION OF TRACTS 9 AND 10 , SECTION 25, TOWNSHIP 33 SOUTH , 1 . UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL
RAISED
RANGE 38 EAST ACCORDING TO THE LAST GENERAL PLAT OF LANDS SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER , THIS
OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION AS RECORDED IN DRAWING , SKETCH , PLAT OR MAP IS FOR INFORMATIONAL
PLAT BOOK 2 , PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE PURPOSES ONLY AND IS NOT VALID .
COUNTY, FLORIDA , NOW LYING AND BEING IN INDIAN RIVER COUNTY,
FLORIDA. SAID EASEMENT BEING 15 .00 FEET EACH SIDE OF THE 2 . BEARINGS SHOWN HEREON ARE BASED UPON THE NORTH
FOLLOWING DESCRIBED CENTERLINE AND BEING MORE AMERICAN DATUM OF 1983 , ADJUSTMENT OF 1999, AND ARE
PARTICULARLY DESCRIBED AS FOLLOWS. PROJECTED IN THE FLORIDA STATE PLANE COORDINATE
SYSTEM , FLORIDA EAST ZONE (901 ) AND ARE REFERENCED TO
COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 9 RUN THE ESTABLISHED AND MONUMENTED LINE SHOWN HEREON
SOUTH 00014'48" WEST ALONG THE EAST LINE OF TRACT 9 A DISTANCE LABELED AS THE BEARING BASIS .
OF 100 . 35 FEET TO A POINT, THENCE LEAVING SAID EAST LINE, RUN
NORTH 89042'28" WEST AND PARALLEL WITH THE NORTH LINE OF SAID 3 . ALL BOUNDARY DIMENSIONS USED . INCLUDING
BUT NOT
TRACT 9, A DISTANCE OF 80 . 00 FEET TO A POINT ON THE WEST LIMITED TO BEARINGS, ANGLES AND DISTANCES ARE
RIGHT-OF-WAY LINE OF 74TH AVENUE (RANGE LINE ROAD) AS PREDICATED UPON BOUNDARY SURVEY BY CARTER
RECORDED IN DEED BOOK 110, PAGE 57 , PUBLIC RECORDS OF INDIAN ASSOCIATES, INC . JOB N0 . 11 -212S, DATED FEBRUARY,
2011 . ALL
RIVER COUNTY, FLORIDA AND POINT OF BEGINNING OF SAID DIMENSIONS SHOWN HEREON ARE DISPLAYED IN U . S. SURVEY
CENTERLINE ; FROM SAID POINT OF BEGINNING CONTINUE NORTH FEET AND DECIMAL PARTS THEREOF.
89042'28" WEST ALONG A LINE PARALLEL WITH AND NORMAL TO THE
NORTH LINE OF SAID TRACT 9, A DISTANCE OF 595. 95 FEET, THENCE 4 . THIS IS A SKETCH AND DESCRIPTION OF
A PROPOSED ACCESS
RUN SOUTH 45" 17'32" WEST A DISTANCE OF 69. 58 FEET TO A POINT "A°; EASEMENT ONLY AND NOT A BOUNDARY SURVEY.
THIS
FROM SAID POINT "A" RUN NORTH 8904228" WEST ALONG A LINE PROPERTY WAS NOT ABSTRACTED OR RESEARCHED BY THIS
PARALLEL WITH AND NORMAL TO SAID NORTH LINE OF TRACT 9 AND OFFICE FOR ANY ENCUMBRANCES OF RECORD . THE HEREON
THE NORTH LINE OF AFOREMENTIONED TRACT 10. A DISTANCE OF1447 DESCRIBED PROPERTY IS
SUBJECT TO RESTRICTIONS,
AFOREMENTIONED
9 FEET TOA POINT OF TERMINUS, THENCE RETURNING TO RESERVATIONS , EASEMENTS AND RIGHTS-OF-WAY OF RECORD ,
AFOREMENTIONED POINT "A" RUN SOUTH 890EAST ALONG ALINE IF ANY. MATTERS OF RECORD NOT BROUGHT TO THE
PARALLEL WITH AND NORMAL TO THE AFOREMENTIONED NORTH LINE
OF TRACT 9 , A DISTANCE OF 645 . 19 FEET TO AFORESAID WEST SURVEYOR 'S ATTENTION BY THE CLIENT, THEIR AGENT OR
AS
RIGHT-OF-WAY LINE OF 74TH AVENUE (RANGE LINE ROAD ) AND THE DISCLOSED BY A FURNISHED TITLE INSURANCE POLICY
ARE NOT
POINT OF TERMINUS. INCLUDED .
THE SIDE LINES OF SAID 30. 00 FEET WIDE ACCESS EASEMENT TO BE 5 . THIS SKETCH OF DESCRIPTION CONSISTS OF TWO
SHEETS
PROLONGED OR SHORTENED AT ALL ANGLE POINTS, POINTS OF ONE IS NOT VALID UNLESS BOTH SHEETS ARE PRESENT.
INTERSECTION , LAND LINES AND RIGHT-OF-WAY LINES.
c :
SAID EASEMENT CONTAINING 82 , 124. 92 SQUARE FEET OR 1 . 89 ACRES,
MORE OR LESS
fir . . .
f - CARTER ASSOCIATES, INC.
/ CONSULTING ENGINEERS AND LAND SURVEYORS
/ 1708 21st STREET 772-562- 4191 (PHONE)
Serving Florida _ VERO BEACH, FLORIDA 32960 772 -562- 7180 (FAX)
Since 1911 - +1—
DAVID I ,. `-H_i �1CNAT.h - DA : E _ DATE: 11 - 02- 11 BY SG H . SCALE:
1 "= 200 ' 11 -3715 DWG. # 19110 —AI
R CH - NS _ N :i % Z `3
S LB SOS SHEET 1 OF 2
s .
i I
I n
SKETCH OF DESCRIPTION m
PART OF TRACTS 9 AND 70, SECTION 25,
TOWNSHIP 33 SOUTH, RANGE 38 EAST
INDIAN RIVFR FARMS COMPANY SUBDIVISION U
INDIAN RIVER COUNTY, FLORIDA .
m Z RIF 20
o s c�
,� II I U y m I . ma y mn
< r Z C)
o^ m mzl ^� n
m A m (7
m 0
Wo n o o zz n
TRACT 7 JIB , w o � m
V U p Z O /
NOT INCLUDED ¢ I m O m TRACT o
O Z ~ l0 Vl
w
NOT INCLUDED
1 N 50. 00' ADDITIONAL R /W m o
v 1 w DEDICATED TO INDIAN ^ l f o
I RIVER COUNTY I wceZ
o DEED BOOK 110 PAGE 57
i FOUND PK NAIL & DISC
PROPOSED 6 " MOPE GAS LINE III STAMPED "CARTER LB 205 " o
( 5' NORTH OF RIGHT- OF- WAY LINE i NORTHEAST CORNER TRACT 9 1 N I
I!
SUB LATERAL CANAL C- 5 ( 60' RESERVED FOR ROAD POINT OF COMMENCEMENT I
I
PROPOSED CENTERLINE OF PROPOSED 10' WIDE i AND CANAL PER INDIAN RIVER FARMS COMPANY PROPOSED
30 ' WIDE ACCESS
PROPOSED 6 " MOPE EASEMENT I 50 '
GAS LINE AND 10' WIDE GAS LINE EASEMENT GAS LINE EASEMENT � SUBDIVISION PLAT BOOK 2 , PAGE 25 ,
PUBLIC
EXISTING PAD FOR 30. 00' RECORDS ST. LUCIE COUNTY, FLORIDA 30,15
EQUIPMENT SITE . - _ _ - + yJ _ - - ��-NORTH RIGHT- OF- WAY SUB - LATERAL C_5_CANAL
- - -
_F- _ -.-.mow-_-_ �- � � -r.e-_-_.� _ -�
N 89 42 28 W 02 . 77 ' - - - 1
N 89442 ' 28 " W 1281 . 03'5 R _ S 00'14' 48" W
N 89'4228" W 1331 . C30 ( R ) `NORTH LINE OF TRACT 9 & 1 /4 SECTION LINE 100
. 35'
-7 - NORTH LINE OF TRACT 10 & 1 /4 SECTION LINE 60 . 00' S 45'17' 32 " W 15.
00 ' PROPOSED 30. 00 ' WIDE N 89 '42' 28" W
TT
30 . 00'J RIGHT- OF- WAY 69 . 58 j� 15. 00' ACCESS EASEMENT I
15 . 00' POINT ,. A ., . .. _8000_— _ � I
it I
4T78"-W �43T9 —
— — — — _ P IN OF BEGI N NG
15. 00 CENTERLINE OF PROPOSED L CENTERLINE OF PROPOSED 15. 00 ' C N RLiN � OF
PROPOSED 30 . 00 WIDE I P 0 OSED 30 WIDE
NORTHEAST CORNER OF 30' WIDE ACCESS EASEMENT 30 ' WIDE ACCESS EASEMENT
A CSS EASEM NT
FENCE AT EXISTING FLARE i ACCESS EASEMENT 15. 00' I E �
STATION SEGMENT 1 , INDIAN
POINT OF TERMINUS RIVER COUNTY LANDFILL POINT OF TERMINUS
ACCESS EASEMENT ACCESS EASEMENT
TRACT 1 TRA g EAST LINE TRACT 9
NOT INCLUDED NOT INCLUDE®
C� ARTER ASSOCIATES, INC.
CONSULTING ENGINEERS AND LAND SURVEYORS
1708 21st STREET 772-562- 4191 (PHONE)
Serving Florida —i VERO BEACH, FLORIDA 32960 772-562- 7180 (FAX)
Since 1911 o too goo
scaLc ( r r �n = zoo Feet)
DATE: 11 - 02 - 1 1 BY SG H. SCALE: i "=200 ' 11 - 371S DWG. f/ 19110
-Al
SHEET 2 OF 2
EXHIBIT " U
FORM OF CONFIDENTIALITY AGREEMENT
EXHIBIT " C "
CONFIDENTIALITY AGREEMENT
FOR
INEOS NEW PLANET BIOENERGY , LLC
THIS CONFIDENTIALITY AGREEMENT, made this day of
20 applies with respect to a facility ( " Facility " ) that is owned by INEOS New Planet BioEnergy ,
LLC ( " Company ") and located at 925 SW 74th Avenue , Vero Beach, Florida (the " Site ") , where the
Company uses various processes and equipment to convert waste materials into an ethanol product .
The Accessing Party whose signature appears below acknowledges that the Company believes the
processes , designs and equipment utilized at the Facility , as may exist from time to time ,
and the
Company' s programs , materials and products (collectively , " Confidential Information ") , are valuable ,
special , and unique assets and trade secrets of the Company ' s business . The Accessing Party seeks
access into one or more of the buildings on the Site , where the Accessing Party will have access
to
Company ' s Confidential Information , for the purpose of carrying on certain business activities on
behalf of the Indian River County Solid Waste Disposal District (" District") related to a Feedstock
Supply Agreement ( " FS Agreement ") dated July 15 , 2011 between Company and District . Accessing
Party agrees that he/she shall keep confidential all of the Confidential Information to which he or she
may be exposed , see , observe , learn, or in any way gain knowledge while on the Site , and he
or she
shall not disclose such Confidential Information to any unauthorized persons , firms , corporations ,
associations or any other entity for any reason or purpose , and he or she shall use any such
Confidential Information only for or in such manner as is authorized or required by the FS Agreement .
In the event of the Accessing Party ' s breach or threatened breach of this confidentiality provision , the
Company may seek and be entitled to a preliminary restraining order and an injunction restraining and
enjoining the Accessing Party from disclosing all or any part of the Company ' s Confidential
Information and from Accessing Party rendering any services based on such Confidential Information
to any unauthorized person , firm , corporation , association, or other entity to whom all or any part
of
such information has been or is threatened to be disclosed . In addition to or in lieu of the above ,
the
Company may pursue all other remedies available to the Company for such breach, including, but not
limited to , recovery of damages from the Accessing Party . Notwithstanding anything else contained
herein , the Accessing Party may discuss or use information concerning the Facility or Company when
( a) the Accessing Party obtained such information from a third party that is not subject to a
confidentiality agreement, or (b) such information does not concern Confidential Information, or (c)
such information is not treated as confidential by the Company . Further, the Accessing Party may
disclose Confidential Information concerning the Facility or Company when required to do so pursuant
to law or pending legal proceedings ; provided , however, that in such cases the Accessing Party shall
provide the Company with advance notice before disclosing the Confidential Information .
Witness :
Signature of Accessing Party
Print Accessing Party Name
EXHIBIT " D "
LFG PROCESS FLOW SCHEMATIC
NOTES
n ti I
D-009 C_0901 E•0901 D-0902 Tare
`
Compressor INPB Land Compressor Not all INBP block valves or instruments shown
for
Suc ion Fill GasLandfill Gas Discharge
IRC Flare Knock Out Compressor darrcy.
Out
Cooler Kno
KO Drum pat Knock Out `
Pot 11
1 I
_ i I
I
I I
I
I l
I I I
I r
I
I 1
I I
I 1
I
i I
S I i
s Landfill Gas — - — ' *4C-c7991 Landfill Gas to INEOS
FE E-0901
i 0.0901 a-9902
5
i
I
J
i I
I
n
o
i I
7 ,
I
Fel : oil � Tnb�n
:Ir: . ',V::r�rn
Legend : �; ;';:: "
leer .- +N i; ,e-r Hrrn-.r , FII? Ha�4 r
L
— — - - — — IFC Existing Asset :v:o: DIO PD, ANCco
EXHIBIT « p „ HpFury FLWDIAGR&Mr
111IUTY FLUW DIAGn0.N
0 New EquipmenU Piping fnstatled by INBP us SITE
o FE Continuous Flow Melar
uFa1o7
i
RESTRICTED CONFIDENTIAL - This document and the Information herein contained are the confidential proprietary information of INEOS USA LLC or its
affiliate. Any disclosure to third parties, use, or reproduction vdthout proper authorization is strictly prohibited .
EXHIBIT "E "
EXAMPLES OF REVENUE SHARING FOR CREDITS
Exhibit " E " - Examples of Revenue Sharing for Credits
a b c d e f
Gross District Credit
Scenario Revenue Expenses Revenue Marketer Share [XAInn Share of INPB Share of
( DCR ) of DCR DCR DCR
25 % 67 . 50% 7 . 50%
1
$ 220 , 000 $ 20 , 000 $ 200 , 000 $ 5000 135 , 000 15 , 000
20% 67950%=012 . 50%
2
$ 220 , 000 $ 20 , 000 $ 200 , 000 $ 40 , 000 135 , 000 25 , 000
30% 67 . 50% 2 . 50%
3
$ 220 , 000 $ 20 , 000 $ 200 , 000 $ 60 , 000 135 , 000 5 , 000
NOTES .
a ) Gross Revenue earned by Marketer from selling District Credits
b ) Expenses incurred by Marketer as defined under Section 7 . 3 of the LGIA .
c ) This amount is a - b or District Credit Revenue as defined under Section 7 . 3 of the LGIA .
d ) Marketer ' s Fee ( To be negotiated by INPB and Marketer )
e ) SWDD Share of DCR must be no less than 67 . 5 % of District Credit Revenue
f ) INPB Share of DCR is 100 % minus 67 . 5 % minus Marketer ' s Fee