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11.H.1. REQUEST FOR REDUCED CAPACITY CHARGES - <br />NATIONAL HOUSING CORPORATION - RIVER PARK PLACE <br />The Board reviewed a letter of February 11, 1998 and Memorandum of February 11, <br />1998: <br />Cohn, Brc)wn, VJJwe , <br />Barleft, Rossway, Garavagh-a & M.. <br />BRUCE O. BARKETT <br />CALVIN B. BROWN <br />WILLIAM W. CA J3VVELL <br />SUSAN A. CALISTRI <br />EDITH E. COLLINS <br />GE MME 4 COLLINS. JR. - <br />MICHAEL J. GARAVAGLIA <br />JOHN E. MOORS. M -- <br />BRADLEY W. ROSSWAV <br />ILA N. THOMPSON <br />.BOARD CERTWWD REAL ESTATE LAWYER <br />•-ALSO ADMI7'1'ED IN THE DISTRICT OF COLUMBIA <br />Via Hand Delivery <br />Jim Chandler, County Administrator <br />Indian River County <br />1840 25th Street <br />Vero Beach, FL 32960 <br />CHARTERED <br />ATTO1qNEY5 AT LAW <br />756 BF-AC24LAND BOULEVARD <br />VERO BEACH, FLORIDA 32969 <br />561-231-4343 <br />FAX: 561-234-5213 <br />February 11, 1998 <br />Re: National Housing Corporation/River Park Place <br />Dear Jim: <br />-� - 1PLFASE REPLY TO: <br />POST OFFICE BOX mw <br />VERq BEACH. FLORIDA 32864 <br />This letter is to appeal to the Board of County Commissioners of Indian River County the decisions <br />of Donald R_ Hubbs, Director of Utility Services, and you, as County Administrator, not to enter into a <br />Developer's Agreement with National Housing Corporation regarding development of River Park Place. A <br />copy of the proposed Developer's Agreement is attached for your review. <br />The essence of this appeal is stated plainly in the attached letter to Mr. Hubbs, dated February 10th. <br />National Housing Corporation is constructing elderly, affordable, limited size rental units whose monthly <br />water usage and sewage flow will be below the amount corresponding to the number of ERUs assigned by <br />Indian River County's Impact Fees Ordinance. National Housing Corporation simply wants to pay directly <br />to the County impact fees based upon 90 ERUs, and simultaneously issue to the County a Letter of Credit <br />for the balance of 54 ERUs, which Letter of Credit may be drawn by the County after two (2) years to the <br />extent that the project's monthly water usage or sewage flow exceeded the 90 ERUs for which the project <br />paid. In other words, National Housing Corporation simply wants to pay a fair and equitable impact fee <br />based upon reality, and is willing to be held accountable for that fee. The position taken by your staff at this <br />time is that National Housing Corporation must pay an unfair fee, with no chance for a recalculation, <br />regardless of the actual usage. <br />Thank you for your cooperation in putting this on the next available Board Agenda. <br />/mjw <br />Enclosure <br />February 17, 1998 <br />Very truly yours, <br />BRUCE BARKETT <br />For the Firm <br />41 <br />t�O�K r -A <br />