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11.H.3. SUNSET APARTMENTS - AMENDMENT TO <br />DEVELOPER'S AGREEMENT - GIFFORD ELDERLY HOUSING <br />LTD. <br />The Board reviewed a Memorandum dated September 4, 1997: <br />DATE: SEPTEMBER 4, 1997 <br />TO: JAMES E. CHANDLER <br />COUNTY ADMINISTRATOR <br />FROM: JAMES W. DAVIS, P.E. �} <br />INTERIM DIRECTOR OF UTILITY SERVICES �/ <br />PREPARED WILLIAM F. McCAIN, <br />AND STAFFED CAPITAL PROJECTS ENPE R <br />BY: DEPARTMENT OF UTILITY SERVICES <br />SUBJECT: SUNSET APARTMENTS - DEVELOPER'S AGREEMENT <br />MODIFICATIONS <br />BACKGROUND <br />On January 28, 1997, the Indian River County Board of County <br />Commissioners approved a developer's agreement with Gifford Elderly <br />Housing, Ltd., for the above -referenced project. For details of <br />this agreement, please reference the attached agreement, agenda <br />item, and meeting minutes. Staff has proceeded at the request of <br />the developer to review the necessity of both individual meters and <br />the required master meter installation at the apartment complex. <br />The review is complete, and we now wish to modify the agreement as <br />outlined below in the Analysis. <br />ANALYSIS <br />In the agreement, impact fees are viewed as the actual average <br />daily use by an ERU, or customer. This is identified in our rate <br />and impact fee ordinance as a flow of 0 - 250 gallons per day. The <br />logic behind utilizing a range is that the Master -planned utility <br />infrastructure for the most part is designed based on peak day and <br />in some instances on peak hour flow. The average daily flow <br />component of the system is in most, if not all, cases a very minor <br />portion of the utility infrastructure. Therefore, in lieu of <br />basing the approved reduction on a demonstration of daily <br />flow/monthly,'it should be based on peak daily flows. <br />To this end, the developer has agreed to install an additional <br />component on each individual meter, which allows the utility to <br />read not only peak day but peak hourly flow as well. This <br />information will better serve the utility in its justification of <br />the basis for impact fees and increments as a range (i.e., 0 - 250 <br />gpd) in lieu of the current agreement interpretation of average <br />daily flow. The utility is proposing to allow the developer to <br />remove the system's master meter and defer to the enhanced <br />individual meter installation, which is the substance of the <br />agreement modification. <br />RECOMMENDATION <br />The staff of the Department of Utility Services recommends <br />modification of the developer's agreement as outlined above. <br />57 <br />NOVEMBER 18, 1997 <br />BOOK 103 PAGE 499 <br />