DEP Environmental Protection Invoices, 1999-2001

NYC 9/11 Public Portal Document

'01/17/01 WED 13:57 FAX 2122735121 DASNY-OPPORTUNITY PROGRA I 006

Interest shall be payable on any such water and sewer charges which are not paid in full when due, at the rates and the manner prescribed by the Water Board. in

(b) The Water Board, on a date to be mutually arranged between the Water Board and DMH, shall inspect the four (4) meters located at , to determine if they are functioning properly. If they are not functioning properly, the Water Board agrees to replace them with appropriate meters, as determined by the Water Board, at no charge to the Authority or DMH. The Authority and DMH will grant access to the Water Board for such purpose, as required, at mutually agreeable times.

(c) In recognition of the Water Board's agreement to release its right of lien on the Development Parcel, the Authority agrees that any charges for water and sewer service with respect to the Center Property, including the Development Parcel, from and after — (end date of last bill issued) up to the date of closing of the Authority's sale of the Development Parcel to the Developer, shall constitute charges owing by the Authority to the Water Board, and shall be added to the next regular billing for water and sewer service to the Authority. From and after the such date of closing, water and sewer charges with respect to the Development Parcel shall be billed to the Developer; water and sewer charges with respect to the Remaining Property shall be billed to the Authority.

(d) All future billings for water and sewer service to the Authority shall be directed to the following address:

[add address)

4. Future Sales of Property. (a) The Authority agrees to provide the Water Board with at least 30 days' prior written notice of any future intended sale or transfer of any portion of the Center Property, including any transfer to an agency of the State.

5. Failure to Close on Sale of Develonment Parcel. If the Authority does not close on the sale of the Development Parcel, to the Developer, by , this Agreement shall thereupon become null and void, as if it had never been executed.

6- Miscellaneous. (a) This Agreement may not be amended or assigned except by written instrument signed by all parties. This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes any and all prior understandings, written or oral, with respect to such subject matter-

(b) This Agreement is governed and shall be construed in accordance with the laws of the State of New York.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives, as of the date first above written.

NYC-WTC 000137789