7.1. SR 02-20-2007 - Laserfiche WebLink

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NOW, THEREFORE, in consideration of the foregoing premises and for the good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed as follow: 1. Recitals. The foregoing recitals are true and correct and hereby made a part of this Agreement. 2. Responsibility for Legjslation. The Cooperative will be responsible for all of its own costs, expenses, and activities related to obtaining the Legislation from the Minnesota Legislature. Except as set forth in Section 3 below, the City will not have any responsibility for preparing, lobbying for, or otherwise pursuing the Legislation. 3. City Commitment. The City agrees that it will provide confIrmation of its support for the Project, to the legislators representing constituents residing in the City and any other legislators inquiring of the City. If Legislation is enacted, the City agrees to support the Cooperative in defending against any attempt to repeal the Legislation. 4. In-lieu Payments. The Cooperative shall make a $375,000 annual in-lieu payment to the City for the fIrst fIve years of plant operation. The fIrst annual in-lieu payment shall be due one year from the date the Project is approved for commercial operation. The remaining four payments shall be paid on or before the same date in subsequent years, provided the Cooperative continues to receive the benefIts of the personal property tax exemption. 5. Other payments. The Cooperative shall make an annual in-lieu payment to the City of $_ per megawatt-hour generated by the Project for _ years of plant operation. The calculation shall be based on the actual generation produced in the previous calendar year and such payment shall be made at the same time as the payment described in Item #4 above. 6. Other Considerations. The City needs to obtain not less than 1.4 acres of Cooperative property located adjacent to the City's wastewater treatment facility. The Cooperative agrees to provide not less than 1.4 acres of land to facilitate future expansion of the wastewater treatment facility, the precise size and length of the land to be agreed on by the parties. The land to be provided will be conveyed to the City within one year of the City's notice to Cooperative on its need for the land. The City shall not give this notice within four years of the date of this Agreement, unless within those four years the City determines that it will be necessary to expand wastewater treatment facility the within fIve years to meet the City's needs and there is no feasible or prudent alternative to expand on the Cooperative land. 7. Public Infrastructure Upgrades. GRE will be responsible for paying direcrly for all infrastructure required for the construction and operation of the Project including water, wastewater, and roads. 8. Provision Relating to Payment and Reimbursement. All amounts required to be paid hereunder shall be paid, without deduction or offset, prior notice or demand, in lawful money of the United States of America at the address set forth in the opening paragraph of this Agreement or to any other address as designated by the City in writing.