DEP Environmental Protection Invoices, 1999-2001

NYC 9/11 Public Portal Document

01/17/01 WED 13:57 FAX 2122735121 DASNY-OPPORTUNITY PROGRA l 005

I. Acknowledgment of Oncn Water and Sewer Charges. (a) The parties agree that the water and sewer charges set out in Exhibit B attached hereto, totaling $ and in respect of water and sewer service provided to the Center Property up through and including [date), are due and owing to the Water Board (such charges being hereinafter referred to as the "Open Charges").

(b) The Authority agrees to pay the Open Charges to the. Water Board. in full, by not later than (the "Due Date"). No interest shall accrue on such Open Charges if paid in full by the Due Date. If, for any reason, the full amount of the Open Charges is not paid by the Due Date, interest shall accrue on the unpaid balance thereof at the rate of nine percent (9%) per annum

(c) If the Open Charges are not paid in full by the Due Date, the Water Board may pursue any right or remedy available to it, at law or in equity, to collect the unpaid balance of the Open Charges plus all interest due thereon, including enforcing any right of lien against the Remaining Property (as hereinafter defined).

2. Release of Lien: Subdivision of Center Property. In consideration of the agreements by the Authority contained herein, and to facilitate the sale of the Development Parcel, the Water. Board hereby

(i) consents to the subdivision of the Center Property, so as to create a separate tax lot for the Development Parcel; and

(ii) releases and relinquishes any right of lien it may have with respect to unpaid water and sewer charges, under _ [cite statute], with respect to the Development Parcel It is agreed that the Water Board retains its right of lien under for any unpaid water and sewer charges with respect to the balance of the Center Property (the Center property less the Development Parcel) (the 'Remaining Property").

3. Future Billings for Water and Sewer Service. (a) From and after the date of this Agreement, all water and sewer charges for the Center Property shall be computed on a metered basis, utilizing the Water Board's then applicable meter rate, based on readings of the following meters:

Meter Serving

(numbers'] (identify what it serves]

' Or, in lieu of numbers, use some other means to identify which meters we are talking about, and clarify that the provision continues to govern if a meter is replaced or relocated, or if new lines are laid with new meters.

NYC-WTC 000137788