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Attorney Vitunac referred to the following memo dated 4/12/95: <br />TO: Board of County Commissioners <br />��JaYv"ly'C.. <br />FROM: Charles P. Vitunac, County Attorney <br />DATE: April 12, 1995 <br />RE: DeBartolo Mall <br />In connection with the DeBartolo mall's request for the Utilities <br />Department to collect utilities and traffic impact fees (which have <br />already been paid by the mall) from mall tenants and reimburse the mall, <br />I believe that as long as the tenant is fully aware of the facts and <br />cost to the tenant and agrees to the reimbursement request the County <br />could legally assist in the collection of the money. <br />I would recommend, however, that to ensure full disclosure, language <br />similar to the following be included in the lease between the mall and <br />the tenants: <br />Tenant understands that Developer already has paid or <br />otherwise satisfied all traffic and utility impact fees <br />required by Indian River County. Tenant agrees to reimburse <br />Developer for these fees by delivery to the County of the sum <br />of $ for traffic impact fees and $ for <br />utility impact fees. The County shall return these payments <br />to Developer less a collection fee of $ Developer <br />will not authorize County to serve tenant with utility <br />services or building permits until this reimbursement has been <br />made. <br />Attorney Vitunac advised that the DeBartolo people spent 3-4 <br />days looking over the proposed wording and came back with their own <br />version which was not acceptable to us because it took out some of <br />the actual numbers that were owed. Just before today's meeting <br />they said they were happy to go along with our version with the <br />provisions necessitated by taking out the utilities' part. <br />Commissioner Bird felt that disclosure is extremely important <br />so that they know right up front what is expected from them so that <br />all of a sudden the County doesn't become the bad guy. <br />Chairman Macht felt that without full disclosure we would be <br />getting back into the same kind of mess we were in with the mobile <br />home community. <br />Commissioner Bird understood that the developer will be <br />fronting the money. It's not like the County will be at risk in <br />not receiving these funds or improvements; it will be a matter of <br />collection and reimbursement. Commissioner Bird wanted some kind <br />39 <br />APRIL 18 1995 'BOOK 94 ria s <br />