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The Grand Harbor development was going very quickly, quicker than the Boulevard and there were discussions and negotiations with Grand Harbor regarding 53`d Street and the Boulevard right-of-way. Mr. Henderson had discussions with Mr. Hatala because Grand Harbor needed it quicker than the County. Mr. Hatala did own the land there. Mr. Henderson ended up representing both Grand Harbor and Mr. Hatala in correspondence on the right-of-way. Initially the correspondence referenced Mr. Hatala to the County for right- of-way and then, in Mr. Henderson's correspondence, the reference in his letters changed to "Grand Harbor/Hatala" and that confused a lot of people. Staff was not quite sure of the relationship between Grand Harbor and Mr. Hatala on this right-of-way negotiation, but the correspondence continued with the same heading. Director Davis thought that was where the confusion began. Staff communicated with Mr. Hatala through his attorney, Mr. Henderson, and when the credit was given, it was given by letter to Mr. Hatala's attorney and the County was up front in who the credit was given to at that time. It was stated in the letter that Grand Harbor was given that right-of-way. Staff was not privy to negotiations between Grand Harbor and Mr. Hatala. Deputy County Attorney William G. Collins H advised that the County Attorney's office had reviewed the file at the request of Planning and Public Works staff. He then reviewed information in his opinion letter of March 11, 1998, as follows: TO: The Board of County Commissioners FROM: k4 William G. Collins II - Deputy County Attorney DATE: March 11, 1998 SUBJECT: Hatala Traffic Impact Fee Credits ISSUE: Whether property located on the northeast comer of 53rd Street and U.S. 1 owned by Leonard Hatala should be credited with traffic impact fees in the amount of $112,218. FACTS: 1. In the spring of 1987 the County staff began negotiating with Mr. Hatala for acquisition of 53rd Street right-of-way. 2. In the summer of 1987 Mr. Hatala made application for traffic impact fee credits in exchange for 53rd Street right-of-way donated by Mr. Hatala. The application was filed by Steve Henderson as attorney for Mr. Hatala. 3. On July 13, 1987 Mr. Henderson transmitted the original deed and appraisal to Public Works Director Jim Davis under the heading "Re: Grand Harbor/Hatala PYP 53rd Street Right -Of -Way Donation". On the same day Mr. Henderson March 17,1998 47 ,LI