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8 . The Owner was not notified and was not aware that on October 4 , 2005 , the <br /> Board of County Commissioners would consider directing the Indian River County staff to <br /> propose an amendment to the concurrency management ordinance , which amendment would <br /> prohibit any person from paying its impact fees and obtaining a concurrency certificate until such <br /> time as the individual was ready to pull a building permit. Nor was the Owner aware that the <br /> Board of County Commissioners would direct its staff to begin rejecting concurrency <br /> applications from that date forward, even though the Owner had not been afforded notice or an <br /> opportunity to be heard before the ordinance substantially affecting the Owner ' s rights would be <br /> changed . In fact, the ordinances which permit and even encourage the Owner to apply for <br /> concurrency vesting before applying for a building permit have still not been changed . Had the <br /> Owner known that the Board of County Commissioners would direct its staff to ignore the <br /> existing ordinances , and to begin rejecting applications for concurrency from that date forward , <br /> the Owner would have applied for concurrency certificates for all 260 homes in The Antilles <br /> Subdivision prior to October 4 , 2005 . <br /> 9 , On October 6 , 2005 , the Owner, through its engineer, Schulke , Bittle & Stoddard, <br /> received from Indian River County a Certificate verifying that concurrency was available on that <br /> date . A copy of the transmitting correspondence and of the Conditional Concurrency <br /> Determination Certificate is attached hereto as Exhibit "B " . It is Owner ' s understanding that this <br /> document merely proves that concurrency was available on October 6 , 2005 , but that it does not <br /> vest the Owner with concurrency . <br /> 10 . Owner did apply for concurrency vesting on November 22 , 2005 , and was ready, <br /> willing, and able to pay all fees or costs to obtain vesting , including impact fees ; however, Indian <br /> River County refused to accept the application . See Exhibit "C " attached hereto . <br /> FURTHER AFFIANT SAYETH NAUGHT . <br /> By : <br /> ry Gli tein <br /> STATE OF FLORIDA <br /> COUNTY OF i°91✓r-1 'aC A CW4 <br /> BEFORE ME, the undersigned authority, personally appeared Cary Glickstein, Managing <br /> Member of ANTILLES VERO BEACH , LLC , a Florida limited liability company , on behalf of <br /> same . He ispersonally known to be the person described in and who executed the foregoing <br /> instrument or who has produced as identification . <br /> WITNESS my hand and official seal this 124L day of N (e-A er• , 2005 . <br /> IIHNIINNN Nqu • NIINNIIIIIIIIIIINII` . <br /> t JANET TAGWT ; NOT Y PUBLIC <br /> i <br /> olllllGp� <br /> ?NIr Tt,_ E)fpjfN SI8/200 , ,. <br /> s �� ` Bonded thru (8t0)432.4284 <br /> f {• 1.: �:� Honda NotaryAssm . Inc Page 2 of 2 <br />