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BOOK 108 PAGE 178 <br />11.H.1. COUNTRYSIDE NORTH AND HOLIDAY VILLAGE <br />MANUFACTURED HOME COMMUNITIES (GERALD <br />ELLENBERG - ELL -CAP SAN SOUQ - MHC LENDING <br />LIMITED PARTNERSHIP - PAYOFF UTILITY LIENS <br />The Board reviewed a Memorandum of January 13, 1999: <br />DATE: <br />JANUARY 13,1999 <br />TO: <br />JAMES E. CHANDLER <br />COUNTY ADMINISTRATOR <br />FROM: <br />DONALD R. HUBBS. P. . <br />&4 <br />DIRECTOR OF UTTLI <br />PREPARED <br />JEFFREY R. SMM C.P.A. <br />AND STAFFED <br />ASSISTANT DIRECT R OF SERVICES <br />BY: <br />ART J. REISFELD <br />ACCOUNTING CAL SUPERVISOR <br />SUBJECT: PAYOFF OF UTILITY LIENS ON COUNTRYSIDE NORTH AND <br />HOLIDAY VILLAGE MANUFACTURED HOME CONMJNIITES <br />BACKGROUND <br />On June 5, 1985, the Board Of County Commissioners approved <br />Resolution #85-61, which established a water and wastewater <br />franchise for Realcor-Vero Beach Associates, a Florida General <br />Partnership which owned a manufactured home community at that <br />time called Village Green Phase 4 (west). <br />This franchise was amended by agreement on January 21, 1992. <br />Subsequently on October 17, 1995, the County authorized certain <br />amendments to the two agreements and the transfer of the <br />franchise to the new owners, ELL -CAP dba/Countryside North <br />Manufactured Home Community. Additional amendments to the <br />franchise were approved by the Board Of County Commissioners in <br />November 7, 1995 governing the provision of water and wastewater <br />services for the park. On August 23, 1993 the Department of <br />Utility Services filed a claim of lien on the property alleging <br />that the property owners were responsible for certain sewer base <br />facility charges as a result of alleged failure to tie into the <br />unified Indian River County Wastewater Disposal System. <br />On July 1, 1996 the outstanding balance on the claim of lien for <br />the 648 ERU'S including accrued interest and penalties amounted <br />to $448,980.37. Because the County and ELL -CAP desired to resolve <br />their differences, the Board of County Commissioners approved an <br />agreement authorizing the County to execute a release of lien and <br />all claims pertaining to the 648 ERU's in return for a cash <br />payment of $150,000.00 from ELL -CAP on or before September 30, <br />1996. <br />The agreement further entitled ELL -CAP to a $150,00.00 credit to <br />be used to offset future water impact fees or connection fees <br />associated with the connection of the park's water system to the <br />unified Indian River County Water System. As of this date no <br />Payments have been received from ELL -CAP on this agreement. <br />JANUARY 19, 1999 <br />