HomeMy WebLinkAbout23-22 Siting AgreementDECOMMISSIONING AGREEMENT
This DECOMMISSIONING AGREEMENT (the "Agreement") dated as of August _,
2022 ("Effective Date"), is made by and between FREDERICK COUNTY, a political subdivision
of the Commonwealth of Virginia ("County") and BARTONSVILLE ENERGY FACILITY, LLC,
a Delaware limited liability company with an address of 230 Court Square, Suite Bl02,
Charlottesville, VA, 22902 ("Solar Company"). County and Solar Company are referred to
individually herein as "Party" or collectively referred to herein as "Parties".
RECITALS
A.Solar Company owns or leases, or will own or lease, approximately 1,300 acres of
land in the County (collectively, the "Project Property", which is more particularly described on
Exhibit A attached hereto) for the purposes of developing, constructing, and operating a
l 70.37MWoc, 130MW AC solar electric power generation facility ("Project").
B.The County permitted the construction and operation of the Project on the Project
Property pursuant to that certain Conditional Use Permit issued by the County's Board of
Supervisors (the "Board") as CUP #05-20, and that certain Conditional Use Permit issued by the
Board as CUP #1 1-21, copies of which are attached hereto as Exhibit B (collectively, the "CUP").
C.Among other things, the County Code requires the Solar Company to enter into a
written agreement with the County providing for the Decommissioning (as defined below) of the
Project and Solar Company's provision of financial assurance in an amount adequate to address
its obligations for Decommissioning the Project.
AGREEMENT
NOW, THEREFORE AND IN CONSIDERATION of the foregoing Recitals, the mutual
benefits to be derived herefrom, and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:
1.Together with the Solar Company's site plan application, the Solar Company will deliver
to the County's Zoning Administrator (the "Administrator") a report prepared by a
professional engineer licensed in the Commonwealth of Virginia (an "Engineer's Report")
estimating the gross cost to complete Decommissioning (the "Gross Cost") and the
estimated salvage value of the Project equipment upon Decommissioning (the "Salvage
Value"). Beginning on the fifth (5th) anniversary of the date the Project is placed in service,
and every five (5) years thereafter, Solar Company will provide to the Administrator an
updated Engineer's Report. The amount, if any, by which the Gross Cost in any such
Engineer's Report exceeds ninety percent (90%) of the Salvage Value therein, is referred
to herein as the "Net Decommissioning Cost": If the initial Engineer's Report indicates that
any Net Decommissioning Cost exists, thef! con·struction of the Project on the Project
Property cannot commence unless and un�il the Solar Company has first provided
Decommissioning Security (as hereinafter defined) to the County in the amount of the Net
EXHIBITA
Project Property
ALL those certain tracts, pieces or parcels of land lying and being in the County of Frederick,
Virginia, and identified in the tax records of such County as of the date of this Agreement by
the following tax map parcel numbers:
• 73-A-104
•74-A-3
•74-A-4
•74-A-6C
•74-A-18
•74-A-18A
•74-A-18B
•74-A-19
•74-A-20
•74-A-21
•74-A-35A
•74-A-44
•74-A-44A
•74-A-45
•74-5-1
•74-7-1-1
•74-7-2-7
•85-A-1