Orange County NC Website
1 <br />policies and not pursuant to any private agreement between <br />Meadowlands and Developer. <br />6. The Town, the County, and Meadowlands shall make the <br />payments called for herein to the Developer as soon as the <br />construction of the line has been completed and the post -. <br />construction conditions set forth in Section D of the agreement <br />have been satisfied. Time is of the essence and interest will <br />accrue beginning five (5) days after the date of acceptance by the <br />Town. The interest rate on unpaid balances shall be Wachovia <br />Bank's prime rate plus one percent interest compounded quarterly. <br />7. Pursuant to Section 14 -58 of the Town Utilities <br />Ordinance, the Town will collect front footage fees from all <br />property owners who are contiguous to the sewer line (including, <br />without limitation, the Marvin Barnes gas station, the Marine Boat <br />Sales lot, the Georgia Pacific property, the Economy Motel, the <br />France /Staley property, and the Paliouris-property) and who tap on <br />to the 18" gravity sewer line constructed by the Developer pursuant <br />to this contract, and will refund such front footage fees collected <br />to the Developer for a period of ten years after construction of <br />the subject sewer line is completed. (In accordance with Section <br />A -2 of Appendix A to Chapter 14, no front footage fees shall be <br />collected from property owners within the project that is the <br />subject of this agreement, nor from the Meadowlands.) The amount <br />to be refunded shall be: <br />a. For that segment of the 18" sewer line extending from the <br />Elizabeth Brady Road pump station, under and to the south <br />side of US Highway 70A, 26.25% of the front footage fees <br />collected, provided that the total amount that the Town <br />will refund to the Developer shall not exceed $60,000.00. <br />b. For that segment of the 18" sewer line extending from the <br />south side of US Highway 70A to the project property, all <br />front footage fees collected, provided that the total <br />amount that the Town will refund to the Developer shall <br />not exceed $90,000.00. <br />8. The obligation of the Town to reimburse Developer as set <br />forth above shall terminate at the expiration of ten (10) years <br />from the date of completion of the improvements described herein, <br />even if Developer has not been fully reimbursed. Developer <br />understands that the amount of its reimbursement is contingent on <br />the amount of front footage fees received over the above - described <br />ten (10) year period, which is beyond the control of the Town. <br />Developer agrees at the end of the above - described period to <br />forgive or otherwise release any claim to any remaining <br />reimbursement and will execute any documents to that effect <br />presented by the Town. <br />9. The Town will make reimbursement payments on a quarterly <br />basis, without interest. Any payment to Developer made pursuant <br />to this contract shall be deemed paid when placed in the United <br />owe] <br />