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Commissioner Macht inquired whether the title company would be let off the hook if a compromise were reached, and Attorney Collins believed that giving the impact fee credit would create a loss to the County through the County's own actions. Commissioner Adams believed the title company would not be off the hook, as they had the ability to reveal the Murphy Act reservations and failed to do so. Commissioner Adams commended Director Davis for research done regarding the Murphy Act reservations and believed that there may be other properties subject to the same reservations which will be discovered at a later time. She believed that the County has an obligation in this matter and that each of the parties entered into the agreement in good faith and when impact fee credits are given, there is no guarantee that the development will be completed immediately or in 5 years. Chairman Eggert questioned whether there is a 7 year limit on using impact fee credits, and Director Davis responded that if the property owner asks that they be refunded, then they would be refunded if not encumbered. Commissioner Adams questioned whether the County knew in 1990 that 27th Avenue was a state road, and Director Davis responded that staff was not aware that the state had an interest in Murphy Act reservation there and staff believed that the County was purchasing land over which it had complete control. Director Davis continued that staff had exhausted all resources in order to have the Department of Transportation correct the problems at that intersection. However, the DOT project at that intersection was simply a resurfacing one, not a widening project. Attorney Barkett advised that the developer is willing to redo the intersection improvements and pay for that portion of the improvement which is mandated by his development. Director Davis stressed that the County must have impact fees in order to redo this intersection and basically, this developer will not pay its fair share of those impact fees. Attorney Barkett then advised that the developer was willing to accept a 25% discount just to move the project forward. After further discussion, Commissioner Macht MOVED to accept staff's recommendation, and Commissioner Adams felt she could not support that action. Deputy County Attorney Collins advised that the time and cost of litigation would be heavy and a compromise may be worth considering. The County could still file a claim on the title insurance if the credit were reduced from $119,000 to $92,000. He APRIL 19 1997 51 BOOK PAGE 57