HomeMy WebLinkAbout2012-157 ATTACHMENT 1
MEMORANDUM OF UNDERSTANDING I � . � , � • b .
BETWEEN Z. of Z
INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT
AND 2,01
INEOS NEW PLANET BIOENERGY, LLC ,
This Memorandum of Understanding is entered into as of this 11th day of September, 2012 , by and
between INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, a dependent special district of Indian
River County , Florida , whose address is c/o Department of Utility Services, 180127 th Street, Vero Beach ,
Florida 32960 ( hereinafter referred to as the " District" ) , and INEOS New Planet BioEnergy, LLC, a
Delaware limited liability company, whose address is 925 74th Avenue SW, Vero Beach , Florida 32968
( hereinafter referred to as " INP BioEnergy" , as follows :
1 . INP BioEnergy plans to develop the remainder of its property at the above address , which will
include filling and mitigation of a 3 . 9 * * acre wetland that is located on both INP BioEnergy'
s
property ( 2 . 5 acres ) and the District' s property ( 1 . 4 acres ) , and
2 . INP BioEnergy has secured all required federal , state and local permits required for the filling of
the entire wetland , including, without limitation , ( a ) Department of Environmental Protection
Environmental Resource Permit ( Permit No . ERP31-0298646 -004- EI ) , ( b ) U . S . Army Corps of
Engineers Permit No . SAJ - 2009 -04326 ( IP - MAM ) , ( c) Request for Withdrawal of Mitigation
Credits from The Mary A II , LLC Wetland Mitigation Bank, and ( d ) Indian River County Wetland
Resource Permit ( Permit No . 91050251 ) , and
3 . INP BioEnergy shall pay the purchase price for all required mitigation bank credits and all permit
fees associated with filling the entire 3 . 9 acre wetland , and shall pay the construction
costs
associated with filling the 2 . 5 acre portion of the wetland on INP BioEnergy' s property, and
4 . It is prudent and will save money for the District to fill its 1 . 4 acre portion of the wetland at
the
same time that INP BioEnergy fills its 2 . 5 acre portion of the wetland . Accordingly, INP
BioEnergy agrees that the District may ( at its own expense ) fill its portion of the wetland at the
same time that INP BioEnergy fills its portion . Alternatively, the District may elect to fill
its
portion of wetland at a later date . INP BioEnergy will cooperate with the District to provide
mutually acceptable access over INP BioEnergy' s property to the District' s portion of the
wetland , at the time of the District' s fill project .
IN WITNESS WHEREOF, this Memorandum of Understanding is executed by the authorized
representatives of the parties as of the day and year first above written .
(SIGNATURE ARE ON THE FOLLOWING PAGE]
SOLID QWASTE DISPOSAL DISTRICT
BY :
Gary C* heeler, Chairman
0
44R
NE
MY
Date approved by SWDD : Septem , 2012
Attest :
-jF7v %) : Jeffrey R . Smith , Clerk of Court and Comptroller
Approved :
• r
'J seph Baird , County Administrator
Approved as to form d legal sufficiency :
Alan S . Pat ackwich, Sr. County Attorney
INEOS NEW PLANET BIOENERGY, LLC
.
By : r(
David W . T. King, Pres ent
Attest :
R
Secr ary
* * All acreage numbers in this MOU are approximations .