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5 <br /> 1 for Phase 1 to be $4.4 million. However, if the total costs for Phase 1 are less than $4.4 million, <br /> 2 the County's contribution will be less than$2.2 million. If the total costs are more than $4.4 million, <br /> 3 the County's contribution is capped at$2.2 million regardless of the actual costs incurred by Terra <br /> 4 Equity, Inc. <br /> 5 <br /> 6 Phase 2 — This phase is specific to the offsite public water line loop that will connect the public <br /> 7 water mains located within the EDD to the existing dead-end public water main located at the end <br /> 8 of New Grady Brown School Road. For this phase, the County will reimburse Terra Equity, Inc. <br /> 9 the actual costs of Phase 2, up to $950,000. If the actual costs for Phase 2 are lower than <br /> 10 $950,000, then the County will pay the lower amount. If the actual costs for Phase 2 exceed <br /> 11 $950,000, then Terra Equity, Inc. will be responsible for those additional costs. <br /> 12 <br /> 13 The total potential County commitment under the proposed Performance Agreement is $3.15 <br /> 14 million. The County will retain ten percent (10%) of the total potential County commitment <br /> 15 ($315,000) until fifty percent (50%) of Phase 2 is completed. Thereafter, the amount retained will <br /> 16 decrease to five percent (5%) of the total County commitment ($157,500) for both phases. An <br /> 17 engineer will verify these milestones, and final completion is dependent on the Town of <br /> 18 Hillsborough accepting the new infrastructure into the Town's public water and sewer systems. <br /> 19 <br /> 20 Travis Myren made the following presentation: <br /> 21 <br /> 22 Slide #1 <br /> Agenda Item 5-a <br /> ORANGE COU NTY <br /> N 3RT'H CARO L11*4A <br /> Performance Agreement with Terra Equity, LLC <br /> to Extend Public Utilities in the <br /> Hillsborough Economic Development District <br /> Board of Commissioners Business Meeting <br /> June 6, 202'3 <br /> 23 <br /> 24 <br /> 25 <br />