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fees, and for those units sold before the end of the fifth year impact fees will be paid only as those units are resold." He noted this agreement is only for Park Place but he felt this is contrary to the County's ordinance and stressed that these developers are using these agreements in violation of the County's own ordinance which stipulates that you get the money when the permits are issued. Commissioner Eggert believed it just says that it has to be paid by the land owner, not by the owner of the mobile home, but Mr. Pitiak noted that if they sell, the new owner cannot get a certificate of occupancy until the impact fee is paid. Attorney Vitunac pointed out that it says at the time of the sale of his unit the developer owes us one impact fee. Commissioner Scurlock felt that the public hearing is not for the purpose of a specific contractual dispute. Our ordinance does not speak to requiring the tenant to pay anything. Mr. Pitiak noted at the meeting of February 11 they insisted the clause about the property owner paying be put back in, and Attorney Vitunac pointed out that it now simply says that for each ERU we are due a certain amount of money. Discussion continued about where this is all set out and it was pointed out to Mr. Pitiak that on Page 2, Paragraph F, under DEFINITIONS it defines Impact Fee as, "The fee charged to real property owners to fund the capital cost incurred by the water and wastewater utility to provide capacity to serve new utility customers." Mr. Pitiak argued that we still have that Developer Agreement that is binding him. It was again pointed out that it is an entirely separate agreement and Commissioner Scurlock stressed that our Developer Agreements do not state that the tenant pays. Mr. Pitiak again quoted from the Developer Agreement, "Seller has agreed to this purchase by the County. . . and the fee for those units will be paid only as those units are resold." It was explained that "Seller" in the context of this agreement is not the tenant. It means the developer. Attorney Vitunac pointed out that "Seller" is defined in the preamble of that agreement and it will show that it is not the seller of the mobile home to whom they are referring. The "Seller" in that agreement is the owner of Park Place Mobile Home Park, and he is apparently trying to pass through that cost. He is saying that the mandatory charge is a pass-through. Director Pinto noted that we amended this language specifically to say that the impact fee is charged to the "real 39 A`R 121991 AOoK