6/13/1995 - Laserfiche WebLink

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Michael Tammaro of the law firm of Carlton, Fields, Ward in West Palm Beach advised that he is representing Ellenburg Capi al Corporation, the current owners of Countryside Mobile Home Pak. He noted that he was standing in for Attorney Gary Brandenburg Tho was unable to be here today. Attorney Tammaro recapped the progression of ownership of Countryside and the confusion regarding the franchise transfer. He stressed that the franchise cannot be transferred to Ellenburg until the outstanding fees are paid. Ellenburg is not willing to pay the outstanding fees. They are squeezed between what Realcor owes and their belief that Realcor should pay that. Until the franchise is transferred, Ellenburg cannot give annual reports and meet other requirements. An ideal resolution is for the residents to acquire the park. Negotiations are continuing with an anticipated closing date of July 15. He is told by his clients that there is a substantial sum of money in escrow, earnest money. He asked the Board's indulgence for a 90 - day postponement. Attorney Vitunac advised that the Board has the right to postpone the public hearing and there is no problem from the legal side. Director Pinto stated that would not be a problem for the Utilities Department. Commissioner Adams asked why they didn't respond earlier, and Attorney Tammaro said that Ellenburg has been responding, but Realcor has not. Attorney Vitunac explained that our franchise is with Realcor, the previous owner. It has nothing to do with the ownership of the park. Attorney Tammaro explained that the best solution came along when the residents of the park decided to purchase the park. All they are asking for is 60-90 days and there really isn't any reason not to postpone this public hearing. Commissioner Bird understood that Ellenburg purchased the park in 1993 and the fees from then until now will be paid in full. The question remains about who owes the fees from 1985 to 1993. He asked Attorney Tammaro whether he were saying that if Ellenburg sells the park to the residents, the residents will make the County whole on the amount of money that is due between 1985 to 1993. Attorney Tammaro felt they would not make the County whole, but felt that everyone would reach an acceptable resolution. They have tried to track down Realcor on these issues but have not been successful. He understood that the purchasers' attorney has contacted Director Pinto with regard to the outstanding franchise fees. JUNE 139 1995 82 Boa mu A*