LWW Contract

Stonefence Acquisitions, LLC, developers of Akwa Soleil at the Weirs, and the Laconia Water Works (LWW) agreed to a water-use contract 24 hours before a LWW imposed deadline, which had it passed could have stalled work on the project.

Richard Mailloux, president of Stonefence, met with the LWW board on Monday to iron out differences over how to share the costs and benefits of the development's water system. Afterwards the LWW, in an unprecedented step, agreed to allow Stonefence to continue work on the water lines without an formal agreement in place, but stipulated that a contract hand to be signed by the close of business yesterday.

Rodger "Mike" Matthewman, superintendent of the LWW, said that once Stonefence completes the water system, the LWW will own it. The contract, which includes the specifications for the construction and operation of the system, protects the LWW against bearing the cost of any shortcomings in the system, he explained. "The contract is an insurance policy for our ratepayers," Matthewman said.

At the same time, the contract distributes the costs and benefits of the water system, which Stonefence and the LWW are undertaking jointly. The LWW is contributing $181,900 to the cost of a water tower sufficient not only to serve the Akwa Soleil project but also to expand water service in the Weirs.

Contract discussions foundered as Stonefence sought assurances that the LWW would provide enough water to serve the entire Akwa Soleil project. The contract specifies that Stonefence will receive sufficient water for 423 four bedroom residences as well as for several commercial buildings.

Charles Cleary, a Manchester attorney representing Stonefence, said yesterday that much of the misunderstanding reflected a communications problem. "We were speaking developer lingo and they were speaking water lingo," he said. "Once we started speaking the same language, we reached agreement."

Cleary said the contract ensures sufficient water service to meet "our foreseeable plans," adding that parts of the project remain on the drawing board and subject to change.

Matthewman said that the contract was the most difficult of some 200 the LWW has negotiated in his 31 years as superintendent.