HomeMy WebLinkAboutAqua Letter of Intent to Provide Sewer
May 4, 2022
Re: 924 S. Seabreeze Road, 1001 N. Seabreeze Road & 1045 N. Seabreeze Road
Water & Wastewater Utility System
New Hanover County, North Carolina
Dear Mr. Pettigrew:
Please accept this letter as Aqua North Carolina’s (“Aqua”) non-binding commitment to provide water and
wastewater utility service to the planned development at 924 S. Seabreeze Road, 1001 N. Seabreeze
Road & 1045 N. Seabreeze Road, Wilmington, NC. This offer is contingent upon Aqua and the Developer
entering into Water and Wastewater Utility Agreement (“Agreement”) with mutually acceptable terms,
permit approvals by the North Carolina Department of Environmental Quality, and the North Carolina
Utilities Commission’s approval of this transaction.
The structure of the Agreement would include the following:
1. Developer to install the water and wastewater utility system infrastructure to serve up
to 50 single family units and 25 townhouses;
2. Developer to complete interconnections to Aqua’s existing water and wastewater
facilities including making any necessary improvements to Aqua’s existing water and
wastewater facilities in an effort to serve the proposed up to 50 single family units and
25 townhouses;
3. Developer to pay Aqua a cash contribution in aid of construction capacity (CIAC)
reserve payment for the reservation of wastewater capacity in Aqua’s existing
wastewater facilities.
4. Developer to install a community well to support the proposed development and
interconnect to Aqua’s existing water facilities based on Aqua’s specifications.
5. The capacity payment amount and structure shall be detailed further in the Agreement.
This letter of intent does not constitute an agreement for the ownership and operation of the
water and wastewater assets of the Developer. The Agreement will be prepared by Aqua and will
contain the provisions set forth above and other traditional covenants, warranties and representations.
Thank you for considering Aqua as the water and wastewater provider. I look forward to having
the opportunity to work with your team on this project. Should you have any questions or wish to
discuss this project further please contact me at 919-653-6967.
Sincerely,
C. Ruffin Poole
Director, Corporate Development
cc: Robert Farrell, Sr. Current Planner, New Hanover County rfarrell@nhcgov.com