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The second change extends the time for full payment of all sewer impact fees from the developer for an additional seven years, to June 5, 2002, and restricts the County from forcing a water connection of the Park until the same date. This is also a seven-year extension. The agreement takes no position on whether the developer has the legal right to pass-through impact fees to tenants. Recommendation: Staff recommends adoption of the amendment to the 1985 agreement. Attorney Vitunac presented staff's recommendation for the adoption of the amendment to the 1985 agreement. He explained that in addition to the $142,967, Administrator Chandler has about $6,900 of extra money which was earned by interest and other accounting methods that is really related to that $142,967. Staff has proposed that we put all that into the cost of connecting the park. That way, the money that came from the original developer in 1985 will be used for the development to get them connected and not for the benefit of anyone in particular. The other changes of this agreement relate to extending the deadlines for final payment of all the ERUs until 2002. In addition, the County would not require water connection before 2002. Attorney Vitunac believed these two provisions are essential to a new owner of the park taking over. With that, he recommended approval. Commissioner Scurlock had two concerns on the issue. The first is that approval is subject to final audit to make sure that the $142,967 figure and the $6,900 figure are correct numbers. He felt they are, but subject to that, he wanted to make it clear that those amounts will not go to any park owner, that it will go towards any cost of hooking up the system. He also wanted to make it clear that we take no position, again, that the park owner has any rights to pass or not pass anything through to the residents of the park. He felt that would hold everyone harmless on that issue. At least we don It make it worse or better; it stays the same. Subject to that, he'would move staff's recommendation. Attorney Vitunac noted that Commissioner Scurlock has talked with the residents and they have reviewed this. They are here this morning, but he believed they have no problem with it. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Bowman, that the Board approve staff's recommendation to approve the Modification of Agreement Relating to the Provision of Wastewater Treatment Service to Village Green Phase SIV (West) by Indian River County, Florida. 41 JAN 2 11'