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MAR 12 1,991 BOOK 82 PAGE J0'U mobile homes. He noted that there was a meeting on February 11 and certain problems were brought up. It was his understanding then that certain language was to be changed regarding mobile homes. The mobile home industry in the State of Florida is governed by a certain law, 723, which supersedes anything adopted by the County. He felt the present ordinance is an imposition on that law. Page 20, Section 12 of the existing ordinance says existing agreements will be adopted. There have been a lot of existing agreements made t between these package plants and the County regarding these mobile homes, and no two of them are alike. The residents' concern about this particular section is that this is being used against them by the park owner, forcing them to pay an impact fee upon the sale of their homes. That is putting over 4,000 people in this County at a disadvantage because there is no way they could sell their home and take on such a fee. In the Park, it is mandatory, on the sale of their homes, to pay the impact fee. They are not owners of the property; they are renters. Mr. Pitiak contended that this agreement stipulates that anything government -mandated can be passed on to the mobile home owners. County Attorney Vitunac advised that we do not have the power to change valid agreements by this ordinance adopted later. He believed that on Page 17 of the proposed ordinance we did change some of the language in response to Mr. Pitiak's concern to state that, "An impact fee shall be imposed on each ERU." We did not take sides on who paid it. In none of our agreements does the County require the tenant to pay the fee. If the tenants' agreement with the developer requires it, that is between them and the developer. All the County is concerned with is that the ERU is paid for. The only connection between the tenants and the County is that the agreement says at the time of the sale that fee shall be paid. Commissioner Scurlock asked why we even bring up the subject and Attorney Vitunac noted that -some tenants thought our agreement required them to pay the impact fee. He explained that this is from contract law. We do not take a position on who has the obligation to pay this money. Mr. Pitiak pointed out that under Section 201.09, Paragraph A, that ordinance states very specifically, "The obligation to pay the impact fee shall occur at the earliest of the following dates: when the capacity is reserved, when a water or sewer permit is granted, or when a building permit is issued." He then read from the Developer's Agreement about Park Place, "Whereas Seller has agreed to this purchase by County, provided that he will have five years within which to finish his development without paying impact 38 M