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_I MAR 19 1991 a , BOOK PAGE PUBLIC DISCUSSION - COUNTRYSIDE NORTH HOMEOWNERS' ASSOC. REQUEST TO SPEAK ON UTILITY MATTERS The Board reviewed the following memo from the County Attorney dated 3/5/91: TO: BOARD OF COUNTY COMMISSIONERS FROM: Charles P. Vitunac, County Attorney DATE: March 13, 1991 RE: COUNTRYSIDE MOBILE HOME PARK In anticipation of the presentation by Ed Nelson Mobile Home Park, this memo will attempt to give history of the County's involvement with the Park. In 1980 the County, by Resolution #80-88, Associates, the developer of Countryside Mobile Green), a nonexclusive franchise for water a: developer had to provide temporary water and tenants since there was no County utility sery to deposit money into an escrow account to future County utility system. from Countryside the Board a brief gave Florida Atlantic Home Park (then Village id sewer service. The sewer services for the ice available but agreed purchase capacity in a The franchise was issued under the authority of Ordinances #80-21 and 22, adopted May, 1980. These ordinances adopted an impact fee charge of $227 per unit, which was composed of a plant capacity charge of $157 per unit, plus a $35 per unit line charge for water and a $35 per unit line charge fo'r sewer. Thus, for the total amount of $227 a unit would get water lines and sewer lines and a plant. Resolution #80-88 also stated that utility service would be extended by the County only when financially feasible. Under this arrangement, the developer deposited into escrow $227 for each of 509 units, plus $27,424 for a reserve and replacement account. This amount of $-142,967 was in the escrow account when Florida Atlantic decided to sell the company to Realcor Corp. in 1985. By then the County had a Utilities Department and the Director explained to the principals involved that at $227 impact fee per unit for water and sewer, there would never be public water and sewer, since the service would never be financially feasible. (It should be noted here that at no time did the County ever accept impact fees from mobile home tenants or in anyway indicate that certain mobile homes were vested as to utility service in a future County water or sewer program.) On June 5, 1985, Florida Atlantic, Realcor, and the County entered into a new franchise arrangement under which the escrow of $142,967 was given to the County, and Realcor agreed to pay the County the County's current impact fee ($1,250 per unit) as follows: The developer had to pay for 100 mobile home units within 18 months and all the rest within ten years with a payment being due as each unit changed ownership and with a minimum payment every year. In return for giving $143,000 to the County, the developer (Realcor) bought the right not to pay base facility charges for units on which impact fees would be paid between 1985 and the date the County sewer service actually became available. Service became available in 1990. 31