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intersection is being required to pay separately? We are singularly being asked to pay for traffic improvements on this same road and still being required to pay 100% of the assessed Traffic Impact Fees. That is not equitable absent an offset. INDIAN RIVER CODE OF ORDINANCE: In the initial denial of our request for the Traffic Impact Fee credit, the notification letter provided by the Chief of Long Range Planning (attached hereto as Exhibit E) includes references to Title X, Section 1010.04(6) of the Indian River Code of Ordinances. In particular he points out: "... no traffic impact fee credit shall be granted for site -related improvements, including but not limited to: • Access roads leading to and from the development; • Acceleration and deceleration lanes and right and left turn lanes leading to those roads and driveways within the development: and • Traffic control devices (including signs, marking, channelization and signals) for those roads and driveways within the development." We do not believe that our request contradicts the language. While there are differing opinions as to whether the Indian River Code of Ordinances is fully updated to comply with the most recent legislation, the items listed above are worthy of consideration. The first item, "access roads" is not relevant here since there are no improvements being considered there. In regards to the second and third items, each of those latter items is limited by "within the development" characterization. None of the improvements we have been required to undertake are within our development or even directly connected to our development. Instead the related improvements all are on property owned by Indian River County, not us. The roadways are public and certainly not exclusive to our Project. Even the existing access road is an easement that is shared with an assisted living facility located to the south. Rather than try and decipher or dispute the languageemployed in the Code, our position is simple. The traffic improvements we are being asked to undertake on Indian River Boulevard are modifications (extensions, expansions, and betterments) to existing conditions on a County Road justified by a traffic methodology and calculation that determined these are needed as a result of increased traffic (i.e. "capacity"). To that end, we believe strongly the costs thereof should deserve an offset against the requested Traffic Impact Fees. Traffic Impact fees are collected to pay for exactly these type of improvements. COSTS: Partial Cost Credit Request In the same denial letter from the Chief of Long Range Planning, it was pointed out that the cost estimate included as part of the original application ("Engineer's Estimate of Probable Costs") was not certified by a licensed Florida Engineer. This was an oversight and has since been executed by Aaron Bowles, P.E., VP, MBV Engineering. (These certified costs are now included herewith as Exhibit F.) Please note that the costs included in the Engineer's Estimate of Probable Costs are nowhere near the actual costs of these improvements to our Project. MBV Engineering informed us of the County's standard 164