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MAR 1991 7 BoorFa.UE 96 6. Summary list of impact fees paid prior to June 5, 1985, according to date and blocks. 7. Correspondence between Countryside North Homeowners' Association and Indian River County Utilities Department. Our main objective is to reveal and prove that the utilities impact fee(s) have been paid on 509 pods in our development and that the fee(s) are being collected for the second time on these pods. In our dialogue we shall point out the failure of the park owners, to wit: Florida -Atlantic Associates (as the original owner/developer) and Realcor- Vero Beach Associates (as the succeeding and present owner/developer) to conform monetarily to the franchises as agreed upon and signed, notarized, and sealed. We will, in conjunction therewith, reveal the failure of the County to recognize such failure, to conform themselves to the ordinances, and to enforce the terms of the ordinances and agreement. We shall debate the stand taken on the issues by the utilities directors, a commission member, and the county attorney. I Mr. Nelson wished to make several comments on the above documents, and pointed out that page 3 of the franchise agreement, Resolution 80-88, sets out the territory applicable to this franchise and is proof that Village Green West - Phase IV is the same and only territory now known as Countryside North. Page 11 of the franchise agreement addresses impact charges, and Florida -Atlantic agreed to pay $500 per month up to a total of $27,424. In other words, they should have started paying that $500 a month in October, 1980, so why was the first payment not received until October 31, 1983, two years and two months after they bought the park? Let's assume that along the way they paid the $27,424 at $500 a month, but in order to have paid that entire amount, they would have had to own that park for 55 months. Attorney Vitunac interjected that none of those facts are an issue. The money is in the pot in the escrow account; the County is admitting that, and there is no need to prove it. Continuing, Mr. Nelson noted that Florida -Atlantic also agreed to pay $70 per unit, $35 for water and $35 for sewer, as each unit was completed as a future hookup impact charge, along with $157 per unit, as completed, as a future impact charge for plant capacity. Those charges came to a total of $227 per unit as of September 10, 1980. Page 11 of the franchise agreement states that these monies were to be deposited into an interest bearing account, but Mr. Asher didn't think that money, except for the R&R fund, was in an interest bearing account. He then 39