Temporary and limited waiver of conditions of approval resolution for Cross-County Wind LLC
(First Published in the Ellsworth County Independent-
Reporter, December 14, 2017)
TEMPORARY AND LIMITED WAIVER OF CONDITIONS OF APPROVAL
RESOLUTION NO. 2017-R-19
Effective December 4, 2017
A RESOLUTION APPROVING A TEMPORARY AND LIMITED WAIVER TO THE SATISFACTION OF CERTAIN CONDITIONS OF APPROVAL IMPOSED BY RESOLUTION NO. 2016-R17 TO FACILITATE THE COMMENCEMENT OF CONSTRUCTION BY CROSS-COUNTY WIND, LLC OF THE CROSS-COUNTY WIND POWER PROJECT.
WHEREAS, on December 19, 2016, the Board of County Commissioners of Ellsworth County, Kansas adopted Resolution No. 2016-R17 approving a Conditional Use Permit (the “Conditional Use Permit”) for Cross-County Wind, LLC (the “Developer”) to develop, construct, own and operate the Cross-County Wind Power Project (the “Project”);
WHEREAS, the approval of the Conditional Use Permit was subject to certain conditions including:
c. Prior to commencement of construction, Developer and the County shall negotiate and execute a County Contribution Agreement to allow Developer to make contribution payments to Ellsworth County (the “County Contribution Agreement”).
* * * *
d. Prior to commencement of construction, Developer and the County shall negotiate and execute a Road Maintenance Agreement (the “Road Maintenance Agreement”).
* * * *
WHEREAS, Developer desires to commence non-vertical construction prior to the County and Developer having negotiated the County Contribution Agreement and the Road Maintenance Agreement;
WHEREAS, the County is willing to waive satisfaction of conditions (c) and (d) of the Resolution regarding the County Contribution Agreement and the Road Maintenance Agreement (collectively, the “Conditions”) for a period of five (5) months to facilitate Developer’s commencement of underground construction related to the Project and including specifically work related to the construction and installation of the mud mat and other components of the Project related to foundations;
WHEREAS, pursuant to Section 3 of the Resolution, the County agreed to “cooperate with Developer and the development, construction, operation and maintenance of the Project and issuance of all zoning, siting, building permits and other permits, approvals and authorizations required by local regulations or other law….”; and
WHEREAS, the County believes that commencement of construction sooner rather than later is in the benefit of the County and its citizens and will promote and advance the health, safety and welfare of the public and encourage private development and enhance the local tax base and create employment opportunities in the County and is therefore willing to grant a limited waiver of the Conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ELLSWORTH COUNTY, KANSAS, AS FOLLOWS:
Section 1. The County Commissioners hereby grant by this Resolution a five (5) month limited waiver to the Developer of its obligation to satisfy the Conditions prior to commencement of construction related to construction and installation of the mud mat and other components of the Project related to its foundations.
Section 2. The County Commissioners hereby grant the Developer the authority to commence construction of the mud mat and other components of the Project related to foundations as soon as possible subject however to Developer’s compliance with all of the other conditions and stipulations contained within the Resolution.
ADOPTED now this 4th day of December, 2017.
BOARD OF COUNTY COMMISSIONERS
OF ELLSWORTH COUNTY, KANSAS
Albert W. Oller, Chair
Kermit Rush, Commissioner
Stephen S. Dlabal, Jr., Commissioner
ATTESTED: APPOVED AS TO FORM:
Shelly D. Vopat, Paul J Kasper,
County Clerk County Counselor
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