1. Amendment to Road Impact Fee Agreement for Hilton Garden Inn and Homewood Suites, Application #08-002 Board of County Commissioners October 8, 2013

2.  Owner Dinesh Kalidas, trustee for DK Land Trust  2 Hotels / 1 Parcel  267 rooms total  Shared amenities and driveway Hilton Garden Inn/Homewood Suites 11400 Marbella Palms Court © Google 2013 Background

3. Background  Monitoring study conducted in July 2012, resulted in additional road impact fees due plus interest  Appellant disagreed with additional amount due, filed appeal, denied by Impact Fee Committee (IFC) and DRC  Public hearing on September 10, 2013

4. Background – Appeal withdrawn – Case remanded back to IFC to 1) consider trip length issue, and 2) prepare amendment to agreement regarding interest start date and payment plan – Outstanding issue of interest accrual from date of demand

5. Impact Fee Committee Actions  Review contested trip lengths – Monitoring study = 8.76 miles – Revised result = 8.39 miles  Resultant assessed fees – Demand letter (August 2012) – Revised amount due $1,267 per unit $1,214 per unit $159,399 $145,248 Reduction $14,151

6. Impact Fee Committee Actions  Amendment to Road Impact Fee Agreement – Revise interest start date from date of agreement to date of initial Certificate of Occupancy Interest from 3/18/08 to 8/20/12 Interest from 6/17/09 to 8/20/12 – Payment Plan – 3 equal payments, due on Oct. 30, Nov. 30, and Dec. 30, 2013 $33,430.13 $21,914.43 Reduction $11,515.70

7. BCC Considerations  Outstanding issue – interest accrual since date of demand: $6,723.84 State of Florida Comptroller ( 4.75%) per agreement

8. BCC Considerations  As a matter of practice, Orange County does charge interest, but usually not a penalty or attorney fees  Interest is the cost of carrying money  Equal treatment argument  A waiver would set a bad precedent – Would encourage appeals, whether legitimate or not

9. BCC Considerations  BCC Options – Charge interest consistent with OC Code 23-91 and practice – Waive interest from date of demand per request – Waive some portion of interest or reduce interest rate from date of demand

10. Summary  From Sept. 10, 2013 BCC Appeal Public Hearing – County Demand amount – Appellant's request  Revised Demand amount  OC Code does not provide for tolling interest $200,193.69 $154,275.02 Difference $45,918.67 $173,886.27 Savings $26,307.42 (57%) Interest amount $6,723.84

11. Requested Action  Approval of Amendment to Road Impact Fee Agreement Regarding an Alternative Traffic Impact Fee Calculation for Hilton Garden Inn and Homewood Suites by and between Dinesh Kalidas, Trustee for DK Land Trust, and Orange County Florida, and  Board direction regarding the interest accrual since date of demand.