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100 vacant lots in the park. However, there were more than that, something like 145. The franchise agreement, Resolution 85-61, reads that Realcor agrees whether or not there is a home on those pods within 18 months, to pay the impact fees on all of those pods. The proof is that they didn't pay it, and they haven't paid it to this day. There are still 50 vacant lots in the park. The printout that was given to him by Harry Asher shows all these vacant lots with no impact fees paid. Why weren't they paid? Item #7 in that franchise agreement states, "Failure to pay any impact fee installments within 90 days of when such installment is due, shall without notice or other proceeding cause the impact fee installments for the entire project to be forewith due and payable with interest at the rate of 10% per annum." When they met with Mr. Pinto and Mr. Asher on December 10, 1990 and read that clause in Item #7, it brought Mr. Pinto right out of his chair saying, "We better contact the County Attorney tonight." Mr. Nelson stated that he and Glenn Baldwin didn't really expect them to contact Mr. Vitunac until the next day, but did ask for a copy of the letter that would be going to the County Attorney on this matter. Mr. Pinto and Mr. Asher agreed to furnish them with a copy of that letter. That was December 10th, and in January they received a phone call saying that the County Attorney needed more time to study the documents. He did not receive the letter from the Utilities Department until January 7th. They were frustrated by the delays, but finally Attorney Vitunac listened to them and understood where they were coming from. They had a good meeting that day in January, but the Association didn't buy staff's excuse, which was that upon looking it over, they decided that paying for 100 lots within 18 months wasn't feasible. So, here they are with the situation that the impact fees were not paid within 18 months and almost 6 years later there are still 50 vacant lots in the park. Mr. Nelson argued that it was feasible to fill up Phase IV, which is now called Countryside North, but the developer chose to fill up the southern complex first (Phase V). The agreement with Realcor was with Phase IV, and their answer to that was that they were given permission to take credit for homes that were put into Countryside South because it is all one complex with the same owner. The Association doesn't buy that. The agreement was with Phase IV, and the County cannot give credit for units being built in another park that wasn't covered under that agreement. If the County goes back to Realcor and demands that they abide by Item #7 in the franchise agreement and pay for all those vacant lots, they now would have to say that the 501 units are wiped off the slate and start over, and Realcor would have to pay impact fees on all of those to comply 42 BOOK f';II CIA M AR 19 1991 UL 974,