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2014-150
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Last modified
3/13/2017 3:44:08 PM
Creation date
1/12/2017 11:44:58 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
10/07/2014
Control Number
2014-150
Agenda Item Number
13..A.
Entity Name
Hometown America
Subject
Mediated Settlement Agreement
Water Sewer Impact Fees
Case No. 2012 CA 000376
Area
MHC Village Green
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f. <br />riuE COPY <br />LB I IFICATION ON LAST PAGE <br />SMITH, CLERK <br />Obligations") for each of the 782 mobile home pads and the 24 common areas for a total <br />of 806 ERUs in Village Green; <br />WHEREAS, the County and Wilder entered into an agreement (the "Impact Fee <br />Agreement") which set up a plan, in which payment of the Water and Sewer Impact Fee <br />Obligations for a mobile home pad was to be made at the time of sale or resale of a unit <br />within Village Green; <br />WHEREAS, Wilder conveyed the Property to CWS Communities, LP ("CWS"), an <br />affiliated entity of Hometown; <br />WHEREAS, CWS conveyed the Property to MHC Village Green, LLC ("MHC") <br />and, in connection therewith, Hometown agreed to assume all liability to pay the Water <br />and Sewer Impact Fee Obligations; <br />WHEREAS, the County and Hometown agreed that at least 598 residential ERUs <br />had been paid; <br />WHEREAS, the County contended that payment for 184 residential ERUs and 24 <br />common area ERUs were due and payable; <br />WHEREAS, Hometown contended that it was not obligated to pay the additional <br />184 residential ERUs and 24 common area ERUs (the "Contested ERUs"); <br />WHEREAS, the County filed an action for damages against Hometown and MHC, <br />for payment of the Contested ERUs (the "Lawsuit"); <br />WHEREAS, on September 17, 2014, the County and Hometown attended a <br />mediation at which they agreed, subject to the County Commission's approval, to resolve <br />the Contested ERUs on the terms set forth herein. <br />Page 2 of 5 <br />
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