The URL can be used to link to this page

Home My WebLink About04 - NY Groton II, LLC - Decommissioning Agreement - Fully ExecutedSOLAR ENERGY SYSTEM DECOMMISSIONING AGREEMENT This Solar Energy System Decommissioning Agreement ("Agreement") is entered into this 1 y41h. day of � , 202 5 by and between NY Groton II, LLC, a New York limited liability company with an office at 228 Aviation Avenue, Suite 200, South Burlington, Vermont 05403 ("Operator"); and Town of Groton, with an office at 101 Conger Boulevard, Groton, New York 13073 ("Town"). WHEREAS, Operator has applied to the Town for Special Use Permit and Site Plan Approval (the "Annroval"), which was granted by the Town on November 12, 2024, and Operator will be applying for a building permit to support the installation of a solar energy facility consisting of solar panels, mounting structures, electrical equipment, conduit, cables, support structures, and all related equipment and/or structures (collectively hereinafter "Solar Ener¢v Svstem") on real property commonly known as 828 South Main Street Ext. in Groton, New York ("Premises"); and WHEREAS, the Approval provides that the Operator shall remove the Solar Energy System if it ceases to be for its intended purposes, as more fully detailed in such Approval; and WHEREAS, as a condition to providing the Approval, the Town requires that Operator execute this Agreement and file with the Town Clerk a decommissioning bond, subject to and in accordance with certain terms and conditions more particularly described herein, NOW THEREFORE, for and in consideration of the mutual promises set forth below, and after good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. REMOVAL OF SOLAR ENERGY SYSTEM. The Operator hereby agrees to remove the Solar Energy System if the same is determined by the Town to have reached Operational Cessation. Operational Cessation occurs if (1) the Solar Energy System fails to generate at least ten percent (10%) of its rated electrical generation capacity over a twelve (12) month period, or (2) for a period of One Hundred Eighty (180) consecutive days, is not in compliance with the terms of this Agreement ("Operational Cessation"). 2. DECOMMISSIONING BOND. Prior to issuance of a building permit by the Town, the Operator shall deliver to the Town (1) a fully executed copy of this Agreement, and (2) a decommissioning bond as set forth herein. The decommissioning bond shall be from a reputable company, in a form reasonably acceptable to the Town Attorney or Engineer and shall identify the Town as an obligee and/or beneficiary consistent with this Agreement in the amount of One Hundred Fifty Thousand Dollars ($150,000.00), with the amount of such decommissioning bond increasing by two percent (2%) per year thereafter. The decommissioning bond, or a renewal or replacement thereof, shall be in place until the removal of the Solar Energy System. 3. RELEASE OF DECOMMISSIONING BOND. a. The Operator agrees that the decommissioning bond shall not be released except in accordance with the terms of the Approval and this Agreement, and until the removal Page 1 of 5 and restoration of the Solar Energy System has been completed to the reasonable satisfaction of the Town. b. Upon removal and decommissioning of the Solar Energy System, the Operator shall inform the Town accordingly, in writing. Upon the Town's determination that the Operator has decommissioned and removed the Solar Energy System and restored the Property as required under this Agreement and the Approval, the Town shall: (i) release the Operator from this Agreement; and (ii) issue a certificate of completion and release. A determination that the removal and restoration has been satisfactorily completed shall be in the reasonable discretion of the Town. The Operator and its agents and consultants shall fully comply with all reasonable requests for inspections and information by the Town and its agents. c. If the Operator fails to complete the required removal of the Solar Energy System and restoration of the Property in accordance with Section 3(a), the Town shall be entitled to utilize the decommissioning bond provided hereunder to the extent necessary, in the Town's reasonable discretion, to complete the removal and restoration process, all subject to the terms of such decommissioning bond. 4. APPOINTMENT OF AN AGENT. If someone other than the Operator will represent the Operator, the Operator must designate such agent representative in writing. The name, address and phone of the initial agent is as follows: 5. CHANGE OF OPERATOR OR AGENT. In the event of a change of Operator and/or Agent, the Operator, Agent, and its successors and/or assigns shall provide the Town, within forty-five (45) days such change, the name and complete contact information of the new Operator and/or Agent. 6. BINDING EFFECT. This Agreement, and any amendments thereto, shall be binding on the parties hereto and their respective successors and permitted assigns. Failure by Operator or its successors and/or assigns shall entitle the Town any legal remedy at law, including but not necessarily limited to (1) revocation of the Approval; and (2) treatment of the project as though it has reached Operational Cessation as defined by this Agreement. 7. TERMINOLOGY. Use of the term "Operator" in this Agreement is for convenience only and should not be considered as a limitation on those parties who may be subject to and bound by the provisions of this Agreement and any amendments thereto. Use of the term "Town" in this Agreement is for convenience only and may include agents or representatives of the Town of Groton. 8. AMENDMENTS. This Agreement may only be amended, in writing, by agreement of all the parties to this Agreement. Page 2 of 5 9. TERM OF AGREEMENT. This Agreement shall be valid and binding for a term of forty (40) years from the date first set forth above. 10. GOVERNING LAW. This Agreement, and any amendments thereto, shall be governed by the laws of the State of New York and shall be enforceable only in a New York Court of competent jurisdiction. 11. SEVERABILITY. If a court of competent jurisdiction determines that any provision of this Agreement is unenforceable, such determination shall not affect the remaining provisions, which shall remain in full force and effect. 12. EFFECTIVE DATE AND COUNTERPARTS. This Agreement shall be effective upon its execution by all parties hereto. This Agreement may be executed in multiple counterparts. [SIGNATURES FOLLOWS ON NEXT PAGES] Page 3 of 5 IN WITNESS WHEREOF, the parties hereto execute this Agreement as of the date above first written. NY,Grottkn ,�3 ratorBy: BX., , i ole Member By:Its: iula -r�� STATE OF VERMONT V :SS.. COUNTY OF CHITTENDEN On the _ day of r&Oo - , 202 5—before me, the undersigned, a Notary Public in and for said State, personally Appeared personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on t ' strument, the individual, or the person upon behalf of which the individual , executed the instrgpent. NOTARY PUBLIC Sasha Conroy Notary Public, State of Vermont Commission Number: 0009172 Commission Expires 1 /31 /20 Page 4 of 5 STATE OF NEW YORK :SS.. COUNTY OF TOMPKINS TOWN OF GROTON By: A2 o Its:fn Sv�>sr ✓r �r- On the } y day of 5c Pt ct (-v , 2025 before me, the undersigned, a Notary Public in and for said State, personally appear cSc:fie-V; personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted executed the instrument. Robin B. Gargi,:n 1 Nc.ary P►ibiic, State of New York NOTARY PUBLIC No. (`1CA6223510 Qualified in Tompkins Countty� Commission Exo;res .rune 14, zg Page 5 of 5