Stanton Energy CenterSolar Facility

Presentation to the Board of County Commissioners

February 22, 20111

Presentation Outline

Background Administrative Proceeding Resolution of County

Objections Settlement Agreement The Fence Requested Action

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Background

Solar Energy Facility proposed by OUC at Stanton Energy Center located in unincorporated Orange County

Use of Stanton Energy Center subject to state law site certification process

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Background OUC applied to amend site

permit to allow OUC to license a 25-acre site at the Stanton Energy Center to Regenesis Energy Services for the construction and operation of a solar energy facility

Orange County served in administrative proceeding

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Background

Orange County requested that OUC comply with Orange County development-related Code requirements when constructing (the solar facility)

OUC refused, claiming they are exempt from our Code requirements and are only subject to state law 5

Administrative Proceeding

Following several weeks of unsuccessful negotiations between County staff and OUC, County filed a Petition for Administrative Hearing on October 20, 2010

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Administrative Proceeding

The Petition requested either amendment of OUC’s site permit to require specific compliance with County Code or denial of the amendment for the solar facility permitting

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Administrative Proceeding

After the Petition was filed, the parties met regularly and requested and received several extensions of time in order to resolve their differences

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Resolution of County Objections

County staff mobilized and met every two weeks with OUC and Regenesis staff and consultants

Issues were resolved one at a time

Final site plans approval on February 1, 2011

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Resolution of County Objections

Parties agreed to resolve the site development issues via a Settlement Agreement

Environmental issues resolved by the Settlement Agreement and an EPD Conservation Area Impact Permit approved by BCC on 2/15/11

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Resolution of County Objections

An issue arose with regard to the fence that runs along the perimeter of the solar facility site on Innovation Way

This was resolved via a Conveyance and Right-of-Way Utilization Agreement

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Settlement Agreement

OUC, as land owner, and Regenesis agree that the design, construction, and maintenance of the solar facility shall comply with the version of all applicable County ordinances, regulations, and the Comprehensive Plan in effect as of the date of the Settlement Agreement

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Settlement Agreement

Regenesis agrees to comply with its Site Plan, Building Permits, and Conservation Area Impact Permit (“CAI Permit”)

Upon approval and execution of the Settlement Agreement:

(a) Orange County agrees to dismiss the Petition;

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Settlement Agreement

(b) OUC and Regenesis agree not to challenge the Site Plan, Building Permits, CAI Permit or any other permits

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The Fence

In order to enhance security at the solar facility, OUC desired to add barbed wire to the existing chain link fence

The fence is located entirely in County right-of-way

County agreed to convey a portion of the fence along perimeter of solar facility to OUC

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The Fence Conveyance and Right-of-Way

Agreement sets forth: Terms of conveyance of the fence to

OUC via a bill of sale All fence maintenance, repair,

restoration shifted to OUC OUC has right to add barbed wire to

fence County will grant right-of-way

utilization permit for maintenance OUC shall remove or relocate fence if

County needs right-of-way to perform certain tasks 16

Requested Action

Approval and execution of Settlement Agreement;

Approval and execution of Conveyance and Right-of-Way Use Agreement between Orange County and OUC

Adoption of Resolution regarding authorization to convey certain county property interests to OUC

Approval and execution of Bill of Sale to convey a portion of fence to OUC

Each of these actions is contingent upon the execution of each and all of the foregoing

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Presentation to the Board of County Commissioners

February 22, 2011

Stanton Energy CenterSolar Facility

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