The City of Opp has fulfilled its obligations to the Perihelion agreement:
The access agreement reads "2. Opp agrees to provide paved industrial access to said property to U.S. Highway 331 and/or the Opp By-Pass." There is a paved turn-out from HWY 331 to the property line. Agreement fulfilled.
The base work agreement reads "3. Opp agrees to provide site preparation grading, and drainage to sub-grade on forty acres of the above property at no cost to Perihelion in accordance with site plans provided by a licensed and certified engineer provided by Perihelion." Base work completed: agreement fulfilled.
The utilities agreement reads "4. City Permits and Fees. Opp agrees to provide water, power, natural gas and electrical utilities to the boundary line of the above itc at no charge to Perihelion and will waive tap connection fees on all city utilities, first years business license., and building permits during the first year following execution of this agreement. Perihelion agrees to apply for all ADEM permits, including storm water permit. Opp -will pay CDG' s professional engineering fees in connection with survey work and ADEM storm water permit application. Opp will pay permit fees to ADEM for initial site preparation. Perihelion will be responsible for any operational permits from ADEM. [SNIPPED INDEMNITIES]...Opp further agrees to provide cable television and high-speed internet at no cost to Perihelion to Perihelion's temporary office on the above site for a period of one year. or for such reasonable time thereafter until completion of the permanent office building on the site."
All said utilities were brought to the boundary line. All of Opp's permits were applied and paid for. The cable wire was still strung on the same pole as the power line when I drove by yesterday: agreement fulfilled. Seems strange there is no mention of sewer in that utilities agreement (as Opp's sewer treatment facilities are operating at near-capacity the city knows it cannot provide industrial treatment and did not offer it!).
The rail agreement reads "8. Opp shall provide the right of way necessary for railroad access to be built to the above described property between the existing railroad tracks and the Opp Industrial Park, including a rail switch for Perihelion's sidetrack. It is contemplated that said right of way will follow the old railroad bed currently owned by the Alabama Department Transportation. Opp shall have the duty to obtain said right of way and shall apply for any grants available for track construction for such access."
In absolutely NO way did the city of Opp bear the burden of BUILDING the continuation of the Alabama&Florida spur to the Perihelion site; Opp merely had to get the State to agree to assigning the ROW to whomever would operate the line. Pioneer RailCorp, who owns the rail line from Andalusia to Geneva (and the spur which once lead to Florala), would have to agree with Perihelion to allow an interchange with their tracks. No agreement with Pioneer was reached by Perihelion so the City was relieved of their duty to obtain the ROW. Shipment of any rail goods would entail the agreement between whomever would operate Perihelion's spur, Pioneer RailCorp, Three Notch Railroad (who owns the portion of rail from Andalusia to Georgiana), and CSX. Not likely to happen. Due to Perihelion's lack of agreement with Pioneer RailCorp, obtaining ROW is of no value and likely impossible. Again, the City of Opp's obligations are fulfilled.
Pray tell, what obligations have the City not fulfilled?
AI
