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110 o crvyv U4� r <br />COUNTRYSIDE MOBILE HOME PARK - FRANCHISE RESOLUTION <br />85-61 WITH REALCOR VERO BEACH ASSOCIATES - SCHEDULE <br />PUBLIC HEARING <br />The Board reviewed the following memo dated 12/9/94: <br />DATE: <br />TO: <br />FROM: <br />PREPARED <br />AND STAFFED <br />BY: <br />SUBJECT: <br />BACKGROUND <br />December 9, 1994 <br />JAMES E. CHANDLER <br />COUNTY ADMINISTRATOR <br />TERRANCE G. <br />DIRECTOR OF <br />ANA ANDERS, <br />FRANCHISEi <br />DEPARTMENT <br />CES <br />OF UTILITY SERVICES <br />COUNTRYSIDE MOBILE HOME PARK <br />RESOLUTION NO. 85-61, BETWEEN REALCOR-VERO <br />BEACH ASSOCIATES & INDIAN RIVER COUNTY <br />On May 31, 1985, Franchise Resolution No. 85-61 was accepted <br />between Realcor-Vero Beach Associates and Indian River County for <br />Countryside Mobile Home Park. (See attached copy of Resolution) <br />On January 21, 1992, this agreement was modified and approved by <br />the Board of County Commissioners. This agreement authorized; a) <br />The use of escrowed funds by the original developer (approximately <br />$149,867) for cost of connecting to County sewer system; b) <br />Extension of date for payment of impact fees to June 5, 2002; and <br />c) Extension of date required for connection to the water system <br />from June, 1995 to June 5, 2002. <br />Realcor delayed the connection to the County sewer system until <br />July, 1993. The physical connection to the County system was <br />completed on July 17, 1993 and the County started the treatment of <br />wastewater, from Countryside North, on that date. At the time of <br />connection to the County system, Realcor was negotiating the sale <br />of the park to Ellenburg Capital Corporation. Ellenburg Capital <br />purchased the park in September, 1993. <br />Realcor and/or Ellenburg Capital are in violation of the Franchise <br />Resolution and have not responded to notices of the violations. <br />We are before the Board of County Commissioners to request that a <br />public hearing be scheduled regarding the above mentioned franchise <br />for continuing to neglect the requirements set forth in the <br />franchise agreement. (See examples to follow) <br />- An annual report and financial statements shall be supplied to <br />the County within 90 days after close of each fiscal year. <br />(Section XV of Franchise Resolution) To date, we have not <br />received an annual report for 1992 or 1993. <br />- Franchise fees in the amount of six percent (6%) of the <br />Utility's annual gross receipts, or the sum of five hundred <br />dollars, whichever is greater, shall be paid to the County. <br />(Section XV of Franchise Resolution) To date, franchise fees <br />in the amount of $41,333.36 remain delinquent. (See <br />attachment A for itemization of fees) <br />24 <br />December 20, 1994 <br />