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i% <br />Office of Consent Agenda 3/9/2021 <br />. INDIAN RIVER COUNTY <br />Dylan Reingold, County Attorney <br />William K. DeBraal, Deputy County Attorney <br />Susan J. Prado, Assistant County Attorney <br />MEMORANDUM <br />TO: The Board of County Commissioners <br />THROUGH: Dylan Reingold, County Attorney <br />FROM: Susan J. Prado, Assistant County Attorney <br />DATE: March 2, 2021 <br />ATTORNEY <br />SUBJECT: Settlement of ERU Account with Cookies & Crackers, Corp. <br />On January 8, 2019, the Indian River County Board of County Commissioners (the <br />"Board") adopted Ordinance No. 2019-002, which allowed for an amnesty period for <br />certain property owners to become current on outstanding ERUs, and for the utilities <br />director to release service availability charges for ERUs reserved for future use and <br />associated delinquency charges if the customer paid 10% of the amount owed, including <br />all charges, penalties and interest, and executed the agreement for release of ERUs. The <br />Board also tasked the County Attorney's Office with filing for foreclosure on any accounts <br />that did not take advantage of the available options. In preparation of filing for foreclosure <br />on the last remaining large ERU account, there was a good faith pre litigation negotiation <br />with the account holder, Cookies & Crackers, Corp. The total balance due on the account <br />is $261,734.01. This consists of $163,059.32 for service availability and $98,674.69 for <br />penalties and interest. The Utilities Director and the County Attorney's Office support the <br />settlement of the County's acceptance of a payment of $220,000, which will result in the <br />waiver of $41,734.01 in penalties and interest. <br />RECOMMENDATION: <br />Authorize the Utilities Department to accept payment in lieu of pursuing foreclosure, as <br />well as release any liens on the account pertinent to the ERU balance, and authorize the <br />County Attorney's Office to prepare and execute any other documents that may be <br />necessary to effectuate the settlement of the outstanding ERU account. <br />cc: Vincent Burke — Utilities Director <br />Cindy Corrente — Utilities Finance Manager <br />25 <br />