3/26/1991 - Laserfiche WebLink

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14AR 2 6 1991 eooK 84. PA.cE&E, Commissioner Eggert wondered if we settle on 45 units, this is not to say which 45 units, and would that put pressure on someone the developer does not think is part of those 45 units. Attorney Vitunac perceived the contract, as written, would give the developer reason to collect the fee every time a unit turns over, and pay that fee to the County that year and make sure it adds up to 45 units. Discussion continued regarding the number of units sold each t year, and Director Pinto noted that in this agreement, because it is only a five-year agreement and we are talking about a fairly substantial number, turnover is not a major issue. Attorney Vitunac said, with the agreement as it is, if he resold 60 units in a year, he would have to pay 60, not 43, and if we took out all the language starting with "said water impact fees," he would only have to pay 43 a year, even though he sold 60. Commissioner Scurlock believed Attorney Vitunac is saying, if we structure these agreements in a five-year program to one-fifth being paid per year and not tie it to turnover of the units, we would be in a better legal position. Administrator Chandler agreed that a minimum per year could be set and if the owner wants to pay more per year, that is his option. Director Pinto thought that would be no problem with mobile home park owners if we want to make that amendment. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously approved the proposed agreement with American Retirement Communities Partnership, with the change discussed above. SAID CONTRACT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD PROPOSED SETTLEMENT OF CERTAIN CLAIMS IN INDIAN RIVER BOULEVARD CONDEMNATION SUIT Assistant County Attorney Collins reviewed the following: 36 W M