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AGREEMENT WITH HERON CAY CORP. FOR PAYMENT OF IMPACT FEES AND TRANSFER OF OWNERSHIP OF UTILITY FACILITIES TO IRC The Board reviewed the following memo dated 6/25/90: DATE: JUNE 25, 1990 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILITY SERVICES STAFFED AND � PREPARED BY: HARRY E. ASHER�/' ASSISTANT DIREC�OR OF UTILITY SERVICES SUBJECT: AGREEMENT BETWEEN INDIAN RIVER COUNTY AND THE HERON CAY CORPORATION FOR PAYMENT OF IMPACT FEES AND TRANSFER OF OWNERSHIP OF UTILITY FACILITIES TO INDIAN RIVER COUNTY BACKGROUND: Heron Cay (formerly Champion Home Communities, Inc.) was granted a franchise under Resolution No. 82-122 by Indian River County on November 17, 1982, to construct and operate a water and wastewater system to serve an approximate 632 site manufactured housing community. Subsequently, in1985, Indian River County began construction to its West Regional. Wastewater System, and entered: into a "Sewerage Treatment Facility Agreement and Lease," dated April 26, 1985, with Heron Cay (Champion Home Communities, Inc.), under which Heron Cay agreed for wastewater service to be provided by Indian River County. Under the April 26, 1985, Sewerage Treatment Facility Agreement, Section 5.10, "Water Connection," requires that Heron Cay (Champion) will connect to the County water system if such system is available, and pay such fees and charges as are then in effect on July 1, 1990. No impact fees shall be payable (by Heron Cay) on the property with respect to water until connected to the County wastewater system. On March 27, 1990, the Board of County Commissioners approved the construction of the necessary facilities to connect the Heron Cay Development as set forth in the April 26, 1985, agreement. ANALYSIS• The necessary construction approved on March 27, 1990, was started on June 18, 1990, and is scheduled for completion by June 30, 1990. The Department of Utility Services and The Heron Cay Corporation have negotiated the attached agreement to set forth the schedule for payment of the applicable impact fees and the dedication of the water and wastewater system to Indian River County. RECOMMENDATION• The Staff of th Board of County Indian River acquisition of agreement by th e Department of Utility Services recommends that the Commissioners approve the attached agreement between County and 'The Heron Cay Corporation for the the utility system and authorize the execution of the e Chairman of the Board of County Commissioners. 35 Boor 54 U