1. Stanton Energy Center Solar Facility Presentation to the Board of County Commissioners February 22, 2011 1

2. Presentation Outline  Background  Administrative Proceeding  Resolution of County Objections  Settlement Agreement  The Fence  Requested Action 2

3. 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 3

4. 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 4

5. 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

6. Administrative Proceeding  Following several weeks of unsuccessful negotiations between County staff and OUC, County filed a Petition for Administrative Hearing on October 20, 2010 6

7. 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 7

8. 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 8

9. 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 9

10. 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 10

11. 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 11

12. 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 12

13. 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; 13

14. Settlement Agreement (b) OUC and Regenesis agree not to challenge the Site Plan, Building Permits, CAI Permit or any other permits 14

15. 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 15

16. 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

17. 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 17

18. Presentation to the Board of County Commissioners February 22, 2011 Stanton Energy Center Solar Facility 18