Supervisor FAGAN offered the following Resolution and moved its adoption:

RESOLUTION AUTHORIZING EXTENSION OF GAS ASSIGNMENT CONTRACT AND PROPERTY LEASE BETWEEN THE SOLID WASTE DEPARTMENT AND ARIA ENERGY TO OPERATE A LANDFILL GAS UTILIZATION PLANT AT THE FULTON COUNTY LANDFILL

WHEREAS, Resolution 111 of 2007 authorized Gas Assignment Contract and Property Lease between the Solid Waste Department and Innovative Energy Systems, Inc. (now Aria Energy) for a ten (10) year contract term that ends June 3, 2020; and

WHEREAS, said Lease Agreement included two (2) optional five (5) year extension periods upon mutual consent of both parties; and

WHEREAS, the Solid Waste Director recommends extension of said contract for five (5) years; now, therefore be it

RESOLVED, That the Chairman of the Board be and hereby is authorized to sign a Gas Assignment Contract Extension for a five (5) year extension period with Aria Energy, of Novi, MI, effective June 4, 2020 through June 3, 2025, including general terms and conditions as follows:

  • County Share of Capital Construction Investment                    $1,530,000.00
  • Operations & Maintenance Fee Payable to IES, including
    annual increases equal to the cost of living index                     .025 cents per KWH
  • Shares of All Net Profit                                                              50% to Fulton County
                                                                                                       50% to IES


said contract subject to the approval of the County Attorney; and, be it further

RESOLVED, That said contract term shall be for a period of five (5) years, including one (1)
additional optional five (5) year extension period upon mutual consent of both parties; and, be it
further

RESOLVED, That the Chairman of the Board is also authorized to execute a property lease
agreement with Aria Energy for siting of the Electricity Generation Plant and associated
appurtenances necessarily associated therewith, for a period coterminous with the aforementioned
“Gas Assignment Contract”, subject to the approval of the County Attorney; and, be it further

RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, Solid
Waste Director, All RFP Responders, Aria Energy, Budget Director/County Auditor, Administrative Officer/Clerk of the Board, and to each and every other person, institution or agency who will further the purport of this Resolution.

Seconded by Supervisor PERRY and adopted by the following vote:
Total: Ayes: 19 Nays: 0 Absent: 1 (Supervisor Handy)

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