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<br />long range planning, a model that includes counting all <br />trips should be available and ready to react. <br /> <br />13.D.2. COMMISSIONER WESLEY S. DAVIS - EMERGENCY ITEM – <br />REVIEW OF IMPACT FEE INCREASE EXEMPTION <br />AFFIDAVITS <br />(Clerk’s Note: This item was heard prior to Item 10.) <br /> <br />Commissioner Davis asked Assistant County Attorney DeBraal to review the <br />impact fee exemption affidavits. He wanted to allow anything that had a valid contract and a <br />cancelled check before July 1, 2005 to continue under the former impact fee schedule. Many <br />contracts had a built-in clause that, in the event of an act of God or an increase in the impact fee, <br />they would be able to pass that increase on to the buyer. Several applicants were turned down and <br />denied that had this clause in their contract. Out of 360 contracts 50% will not be impacted by the <br />new ordinance; 33% will have the fees waived; and the remaining 17% need more information <br />about the cancelled check. Half of the contracts had a specific clause stating that any increase in <br />governmental fees, assessments, or impact fees would be passed on to the buyer. Also of concern, <br />some homeowners were financed by a lending institution and needed to borrow an additional <br />amount. <br />Attorney DeBraal explained that the Ordinance included a “savings clause” that <br />requires a valid contract executed before July 1, 2005, with a cancelled check showing deposit <br />within a reasonable amount of time; if the contract was impaired by the increase in impact fees the <br />fees would be waived. <br /> <br />MOTION WAS MADE by Commissioner Davis, <br />SECONDED by Commissioner Neuberger for <br />discussion, to readdress Land Use Amendment Chapter <br />23 <br />AUGUST 23, 2005 <br /> <br />