(a) Identification of Properties and Abutting Landowners. The properties and abutting landowners subject to the special assessment are identified as follows:
Abutting Landowners | Property | % of Special Assessment Apportione d to Property | Estimated Share of Special Assessment (excluding interest authorized by Va. Code § 15.2-2413) |
Abutting Landowners | Property | % of Special Assessment Apportione d to Property | Estimated Share of Special Assessment (excluding interest authorized by Va. Code § 15.2-2413) |
Stones of Herndon, Inc. | Tax Map Number: /81/B/3////6/ PIN: 030-10-4346 21559 Cascades Parkway | 7.85% | $87,581.86 |
EAB Enterprises, LLC | Tax Map Number: /81/B/3////5/ PIN: 030-10-3735 21563 Cascades Parkway | 8.12% | $90,501.26 |
Terminal Tires, Inc. | Tax Map Number: /81/B/3////4/ PIN: 030-10-3125 21585 Cascades Parkway | 7.33% | $81,743.07 |
H & Z Holdings LLC | Tax Map Number: /81////////36A PIN: 031-40-2592 21615 Cascades Parkway | 8.38% | $93,420.65 |
H & Z Holdings LLC | Tax Map Number: /81////////36B PIN: 030-10-3107 No Address | 8.38% | $93,420.65 |
Burns Robert J. & Kimberly | Tax Map Number: /81////////37/ PIN: 031-40-1087 21625 Cascades Parkway | 10.91% | $121,641.47 |
Melvin, Thuy- Anh N. | Tax Map Number: /81////////38/ PIN: 031-49-9782 21635 Cascades Parkway | 9.08% | $101,205.71 |
Devon/Sterling LLC | Tax Map Number: /81/B/3/////3/ PIN: 031-49-9173 21639 Cascades Parkway | 11.87% | $132,345.92 |
Cascades Business Center, LLC | Tax Map Number: /81/B/3/////2/ PIN: 031-49-8458 45904 Woodland Road | 19.63% | $218,954.65 |
Grant Office Park LLC | Tax Map Number: /81/B/3/////1/ PIN: 031-49-7342 21675 Cascades Parkway | 8.46% | $94,394.74 |
(b) Improvements To Be Financed. The improvements to be financed by the Special Assessment are the extension of public water and sanitary sewer main lines to serve the Properties (the "Project"). The Project does not include water and sewer laterals from structures to the main line, abandonment of existing water or wastewater facilities, or payment of Availability Fees or Charges to Loudoun Water.
(c) Apportionment of Special Assessment. The Special Assessment is hereby apportioned among the Properties based on parcel size, as summarized in the Table above. Each of the Abutting Landowners has executed an Agreement for Special Assessment to Construct Water and Sanitary Sewer Lines ("Special Assessment Agreement") acknowledging, agreeing and consenting to the apportionment of the Special Assessment as provided in detail in Attachment 3 to the Special Assessment Agreement. The Board hereby approves and authorizes execution of the Special Assessment Agreement, which is made part of this Ordinance as Appendix A.
(d) Service Agreement with Loudoun Water. The Project is to be designed and constructed by Loudoun Water, pursuant to a separate service agreement to be executed by the Board and Loudoun Water ("Service Agreement"). The Special Assessment is contingent upon execution of the Service Agreement. The Special Assessment shall take effect immediately upon delivery of a fully-executed Service Agreement to the Board.
(e) Adjustment of Special Assessment. The Special Assessment amount has been determined based on the total estimated Project cost plus a contingency of thirty percent (30%). Upon completion of the Project, Loudoun Water shall provide to the Board a final accounting of the Project costs. Upon receipt of the final accounting, and in accordance with Virginia Code § 15.2-2412, the Special Assessment and the corresponding amount apportioned to each Abutting Landowner shall be amended, if appropriate, to reflect the actual Project costs; however, in no event shall the amount of the Special Assessment or the share apportioned to each Abutting Landowner be increased above the maximum amount identified in this section.
(f) Installment Payments. In accordance with Virginia Code § 15.2-2413, the Abutting Landowners may pay their apportioned share of the Special Assessment in equal installments over a period not exceeding twenty (20) years, together with interest on the unpaid balances at an annual interest rale of 0.82%. The installments shall be due and payable at the same time that real estate taxes are due and payable in the County.
(g) Penalty and Interest for Delinquent Balances. In accordance with Virginia Code § 15.2-105, in the event an Abutting Landowner fails to pay any installment on or before its due date, a penalty in an amount equal to ten percent of the delinquent payment shall be added to the Abutting Landowner's account. Delinquency interest at the rate of ten percent (10%) annually shall be collected upon the principal and penalty of all delinquent accounts.
(h) Docketing. In accordance with Virginia Code § 15.2-2411 and 15.2-2412, an abstract of this Ordinance shall be recorded among the land records of the Loudoun County Circuit Court, and such abstract shall be amended upon final accounting and adjustment of the Special Assessment as provided in division (e) of this section.
(i) Effective Date. This section shall take effect immediately.
(Ord. 17-01. Passed 1-11-17.)