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dam LAw 0r*r1Q719H QD1+' SHERMAN N. SM17H,JR. MICHAEL O'HAIRE JEROME D. OUINN CHARLES E. GARRIS ALAN 5. POLACKWICH, SR. MEMORANDUM TO: Board of County Commissioners, Indian River County, Florida Terrance G. Pinto, Utilities Director FROM: Alan S. Polackwich, Sr., Esquire DATE: September 17, 1984 SUBJECT: County Acceptance of Lift Station and Sewer Lines, Lot 10, Vero Land Company Subdivision (Tropic Groves and Tropic Grove Villas) BOOK 5+8 F`;E 432, Ex h;b: - "P" MICHAEL J. GARAVA GLIA DOLORES D. DECAPRIO WILLIAM E. CORLEY, III I represent two condominium associations, Tropic Groves, Inc. and Tropic Grove Villas Condominium Association, Inc. These associations own and operate two condominium developments located on Lot 10, Vero Land Company Subdivision. Tropic Groves was developed in the early 1970s and Tropic Grove Villas was deve-loped in 1978- 1980. The sewer needs of Tropic Groves and Tropic Grove Villas were original- ly handled by private franchise, utilizing a private sewer treatment plant at the east end of Lot 10. On May 2, 1980, however, the county and developer entered into an agreement to terminate the private franchise and construct a new system to be connected to the county system. Specifically, the develop- er agreed to construct lines and a lift station on Lot 10 which would connect to a similar system on adjoining Lot 9 which, in turn, connected to the county system .along Sixth Avenue. A diagram setting forth this system is attached as Exhibit "A". A copy of the developer -county agreement, includ- ing addendum, is attached as Exhibit "B". Under the agreement, the developer agreed to build the lines and lift station in accordance with county specifications, and the county agreed to accept ownership and maintenance of the system upon completion. By. adden- dum, the county and developer further agreed that the overall cost of the project would be defrayed by a $100 per unit charge to be collected from the existing condominium unit owners. (See addendum) The unit owners paid this charge, totalling approximately $8,000, after assurance that the system would be built in accordance with county specifications and would be turned over to the county upon completion - all in accordance with the agreement attached hereto as Exhibit "B". Subsequently, for reasons unknown to the unit owners and contrary to the prior assurances which were relied upon in making the $8,000 payment, the developer did not build the lift station in accordance with county stan- dards. The county did not take over the system, and ownership and main- tenance fell upon the associations - whose members have now been paying for several years both the cost of maintaining this system, plus usual county sewer charges. The associations now request that the county accept owner- ship of the system. The associations have. worked closely with the utility department to satisfy the department's requirements for such a transfer. The department's requirements. are: (1) replace certain electric control panels at an approxi- mate cost of $2,000, (2) execute and deliver a far-reaching utility easement prepared by the county attorney, and (3) execute and deliver a bill of sale prepared by the county attorney. The associations are prepared to meet all of these requirements. Also the associations independently replaced the pumps in the lift station in March 1984 at a cost of approximately $6,000. Finally, it should be noted that a similar problem was encountered immediately to the north of theser"developments at Tropic Villas North on Lot 9. After a similar agreement, the system was transferred to the county in 1982. The proposed transfer presently under consideration would complete the transfer to the county of the. remaining portion of this branch of sewer lines and lift stations which empty into the county system.